AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES
BETWEEN
THE CITY OF RIALTO, CALIFORNIA
AND
ST. FRANCIS ELECTRIC, LLC
This Agreement for Traffic Signal Maintenance and Repair Services (“Agreement”) is entered into as of July 1, 2025, (“Effective Date”) between the City of Rialto, a municipal corporation and California general law city (“City”) and St. Francis Electric, LLC , a California Corporation (“Contractor”) (collectively the “ Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
RECITALS
A. City has sought contractors for the performance of the services defined and described particularly in Section 1 of this Agreement.
B. Contractor was selected by the City to be eligible to perform those services as needed and requested by the City.
C. During the Term of this Agreement, the City may initiate or continue various projects for which Contractor’s services may be used. For a given project, the City may award a Task Order for the project based on availability and schedule. Contractor understands and acknowledges that this Agreement provides no guarantee that Contractor will be selected to perform any volume or work for the City.
D. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.
E. The Parties desire to formalize the selection of Contractor for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SCOPE OF SERVICES
1.1 Term. Subject to the termination provisions of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. City may extend the Term of this Agreement two times for one year each time, for a total potential term of five years.
1.2 Contractor Services . Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto [Proposer’s Statement / Scope of Services] (“Services”), as requested by the City. When the City desires to utilize Contractor for the Scope of Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to be paid for the Services within the Task Order. Each Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 394
Task Order is made a part of this Agreement by this reference and encompassed within the Scope of Services of this Agreement.
Contractor agrees to furnish, for the compensation provided in the Task Order, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.
1.3 Extra Work. City shall have the right at any time during the performance of the Services under an individual Task Order , without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first g iven by the Contract Officer to the Contractor, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Task Order sum for the actual cost of the extra work or change, and/or (ii) the time to perform the Task Order, which said adjustments shall be reflected in an amendment to the Task Order subject to the written approval of the Parties.
Any amendment to a Task Order shall be reviewed and approved by the City Manager.
In accordance with Rialto Municipal Code section 2.48.180, i ncreases in compensation for a Task Order may be approved by the City Manager provided: (a) the initial Task Order amount was less than One Hundred Thousand Dollars ($100,000) and the amended Task Order sum when considering any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the Task Order was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by Contractor under a given Task Order requires the submission of the actual costs of Contractor’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services for a particular Task Order in accordance with the Schedule of Completion attached to that Task Order . Modifications to the Schedule of Completion must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 395
1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non -conforming materials incorporated into the Services) to be of good qualit y and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, C ontractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non -conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms o f the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable s atisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.7 Contractor’s Representative . Contractor hereby designates a representative, or his or her 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. Contractor’s Representative shall supervise and direct the Services, using his or her 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.
1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:
Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Task Orders
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 396
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City and Contractor acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Contractor shall provide; and no guarantee of the extent or the type of Services required of Contractor under the terms of this Agreement is made by the City. The annual or total level of Services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Contractor’s Services has not been identified for this Agreement, City and Contractor acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Contractor as provided in Section 1.2 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the City Manager or designee as provided in this Section 2.1. The Maximum Contract Amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Contractor’s Services throughout the duration of the term of this Agreement, if any. Contractor’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the Services of the Contractor. Subsequent approval of individual Task Orders shall be approved in accordance with the provisions of Chapter 2.48 of the Rialto Municipal Code.
2.2 Payment of Compensation . Unless otherwise specified by the Task Order, Contractor shall submit monthly invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by th e City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
Attachment I, Cost Proposal Form, is incorporated into this agreement.
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 397
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor .
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt o r liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s o fficers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make paym ents promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor.
The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed 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 warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of w hatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 398
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.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Crafts . To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.
3.6.3 Payroll Records. In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it 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 any location where the Services are performed.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law proh ibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, g ender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 399
in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or a ny challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contracto r or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties ex pressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non -binding), or other alternative dispute resol ution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses . For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, an d service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances . For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 400
Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter -Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be suffi ciently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying . 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. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in t his Agreement.
5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 401
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective D ate of this Agreement, City provided to Contractor the applicable insurance requirements. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.
6.2 Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering th e Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds . If required by law or specifically required by City for a particular Task Order, Contractor shall execute and provide to City concurrently with Contractor’s acceptance of the Task Order, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in the Task Order, and in a form provided or approved by the City.
7.2 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 Contr actor shall, without further notice from 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.
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 402
7.3 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.
SECTION 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a wri tten notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 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, hypothec ates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement and each Task Order in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain an d determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non -performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a re asonable Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 403
estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.
9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
9.5 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 the Agreement.
9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in San Bernardino, California.
9.7 Integration. This Agreement, including the exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the e xecution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be re ad and construed without the invalid, void or unenforceable provision(s).
9.9 Prohibited Interests. Contractor represents 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 ha s 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 o f this Agreement.
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 404
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Rialto Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery Of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on t he date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Attorney’s Fees, Costs and Expenses . In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expens es, in addition to any other relief to which it may be entitled.
9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.18 Authority To Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 405
9.19 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.
The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit ad ditional funds, consistent with the City Manager’s contracting authority under the Rialto Municipal Code. [SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 406
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF RIALTO, a municipal
corporation
ST. FRANCIS ELECTRIC, LLC, a
California corporation
By: By:
Tanya Williams Guy Smith
City Manager President
ATTEST:
By: By:
Barbara A. McGee Ryan Dunham
City Clerk Vice President
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
By: **Two signatures are required if a
corporation** Eric S. Vail
City Attorney
Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035 407
Cost Proposal
A. Cost Proposal Identified by Task and Classification for Preventative Maintenance:
1) Task/Work Description: City of Rialto’s Routine Preventative Task (Signalized Intersection) Scope as per RPF Pg.3- Pg. 7
Completed by: Maintenance Technician or Field Traffic Signalman Proposed Rate $ 88.50 Per Intersection Per 60-day cycle 2) Task/Work Description: City of Rialto’s Routine Preventative Task (Solar powered wireless rectangular rapid flashing beacon) Scope as per RPF Pg.3- Pg. 7
Completed by: Maintenance Technician or Field Traffic Signalman Proposed Rate $ 33.00 Per Solar Powered Wireless RRFB Per 60-day cycle 3) Task/Work Description: City of Rialto’s Routine Preventative Task (Flashing Beacon) Scope as per RPF Pg.3- Pg. 7
Completed by: Maintenance Technician or Field Traffic Signalman Proposed Rate $ 33.00 Per Flashing Beacon Per 60-day cycle 4) Task/Work Description: City of Rialto’s Routine Preventative Task (In -roadway Lights) Scope as per RPF Pg.3- Pg. 7
Completed by: Maintenance Technician or Field Traffic Signalman Proposed Rate $ 33.00 Per In-roadway Lights Per 60-day cycle 5) Task/Work Description: City of Rialto’s Routine Preventative Task (Speed Feedback Sign) Scope as per RPF Pg.3- Pg. 7
Completed by: Maintenance Technician or Field Traffic Signalman Proposed Rate $ 33.00 Per Speed Feedback Sign Per 60-day cycle B. Cost Proposal Identified by Task and Classification for Extraordinary Maintenance:
1) Task/Work Description: City of Rialto’s Extraordinary Maintenance Task Scope as per RPF Pg.7- Pg. 9 Emergency repairs are typically limited to those repairs needed to restore safe conditions for drivers and pedestrians.
Completed by: Maintenance Technician, Field Traffic Signalman & Labor Please see Fee Schedule for Extraordinary Maintenance on Attachment “I”
19 Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035408 C. Cost Proposal Identified by Task and Classification for Work Required to Restore Full Function:
Scheduled E xtraordinary Maintenance to restore full function and efficiency will be scheduled to be conducted during normal work hours. This type of work will be quoted and proposed to the City for written approval before any work is conducted.
Hourly rates will be per the attached Cost Proposal Form Attachment “I” , per DIR determinations and billed Port-to-Port for Labor and Equipment.
SFE’s will provide a computerized period activity report to the City by the fifteenth (15th) working day of each month for the previous period’s activities. The assigned Service Coordinator for the City has and is able to provide customized reports per the City’s request to assist with specialized invoicing for Accident insurance claims, and has developed separate zone invoicing for shared intersections in the City of Rialto to make it easier to provide those charges to the other municipalities from which those intersections are shared with.
SFE agrees to send (email) the monthly report to the City with the monthly invoice and understands that no payment will be made without submittal of the report. The report will include the followings:
1. Unscheduled and Emergency Response Work: Time the service calls were received, time arrived at the location, the response time, nature of the problem, the number of hours spent for each repair, materials used, whether the activity is related to an accident , vandalism or malfunction, and a special listing of locations with three or more calls in one month.
2. Scheduled Repairs: A complete record of all work that was performed during the previous month including the date and time, make, model, and serial number of any major components or other equipment that was newly installed at each location/intersection.
3. Preventative Maintenance: Time and date the PM work was performed.
4. Pending Repair List: Provide a monthly report of all pending repair work needed at each location/intersection. The location/intersection name should be listed along with a description of the repair required, problem that created the repair, and level of se verity (high priority repair, medium priority repair, low priority repair).
All sub-consultant work will be billed cost + 15% markup with written approval from the City prior to commencement of any work.
20 Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035409 ATTACHMENT “I”
COST PROPOSAL FORM
I. Base Fee Schedule for Routine Preventive Maintenance Please provide a sixty (60) day cycle base fee for routine preventive maintenance as described in the Scope of Service. The sixty (60) day cycle fee shall consider the cost of labor, parts and material, equipment, tools, vehicles, overhead, and all other expenses needed to perform the routine preventive Maintenance Program, provide a monthly base fee for this service.
Item
No. Task Quantity Unit 60-day cycle
base fee
Total 60-day
cycle base fee
1 Signalized Intersection 108 Each $ $
2 Solar pow
ered wireless
rectangular rapid flashing beacon 3 Each $ $
3 Flashing beacon 12 Each $ $
4 In-roadway l
ights 1 Each $ $
5 Speed Feedb
ack Sign 6 Each $ $
Total $
II. Fee Schedule
for Extraordinary Maintenance
Please fee
schedule for labor, services, and equipment. With the exception of pole or cabinet knockdowns and other emergency situations, extraordinary maintenance requires prior written approval form the City before any work is scheduled. The Contractor shall prepare estimates showing the cost breakdown of material and labor for the services and submit this information to the city. The City reserves the right to obtain price quotes from more than one contractor to conduct extraordinary maintenance services.
A. Labor Fee Schedule:
Equipment Straight
Time (Per Hour) Overtime (Per Hour)
Maintenan
ce Superintendent $ $
Maintenan
ce Technician $ $
Field Traffic S
ignalman $ $
Laborer $ $
Painter $ $
Engineering T
echnician $ $
88.50 33.00
33.00 33.00
33.00 9,558.00
99.00 396.00
33.00 198.00
10,284.00
125.00
117.00
117.00
90.00 65.00
199.00
174.00
160.00
160.00
148.50
97.50 298.00
21 Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035410 ATTACHMENT “I”
A. Labor Fee Schedule (cont.) :
Equipment Straight Time (Per Hour) Overtime (Per Hour)
Graffiti Re
mover $ $
Re-lampe
r $ $
Labor
atory Technician $ $
B. E
quipment Fee Schedule:
Equipment Rate
(Per Hour)
Bucket
Truck $
Crane $
Flex Lift (H
ydraulic Boom) $
Service/ Utili
ty Truck $
Service Lad
der Truck $
Boom
Ladder Truck (Man Lift) $
Pickup
Truck/ Van $
Arro
w Board (per Day) $
$
$
$
Any
equipment not listed will be charged per the current Caltrans Labor Surcharge and Equipment Rental rates.
City shall pay to the contractor for materials used in extraordinary maintenance, the contractor's cost from the supplier plus not-to-exceed 15% mark-up . Contractor shall provide to the Director
of Public Works copies of the supplier's actual written invoice documents prior to installation/ use of materials.
Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside marked limits of work. No compensation will be allowed for disposing of rejected or excess material.
65.00 117.00
125.00
97.50 160.00
174.00
38.00 125.00
38.00 34.00
Not Safe
25.00 20.00
N/A
N/A
N/A
N/A
N/A
N/A
Not Safe
N/A
N/A
N/A
22 Docusign Envelope ID: 6138F100-6AA1-4DC3-9FA5-5E3E16CCA035411 412
413
414
415
416
417
418
419
420
421
422
Attachment 2: Cactus Trail Site Plan
Baseline
Rd
Rialto
Ave
Cactus
Trail
423
2100 Iowa Ave, Riverside, CA 92507
“EXPERIENCE, QUALITY & RELIABILITY…”
Mike Orona
City of Rialto
REQUEST FOR PROPOSALS TO
CITY OF RIAL TO
SOLAR LIGHT POSTS INSTALLATION –
CACTUS TRAIL
Submitted by St. Francis Electric, LLC.
335 W. Rialto Avenue, Rialto, CA 92376
Due by: June 12, 2026
424
TABLE OF CONTENTS
COVER LETTER ................................................................................................................................................... 1
1. LIGHT POST SPECIFICATIONS ........................................................................................................................ 2
2. LIGHT OUTPUT (LUMENS) ............................................................................................................................... 2
3. QUANTITY OF SUGGESTED POSTS ................................................................................................................ 3
4. PROJECT APPROACH ................................................................................................................................... 3 PHASE 1: PRE-CONSTRUCTION & ENGINEERING COORDINATION ................................................. 3 PHASE 2: PROCUREMENT & LOGISTICS MANAGEMENT ................................................................... 3 PHASE 3: SITE PREPARATION & CIVIL WORKS .................................................................................... 4 PHASE 4: ASSEMBLY, INSTALLATION & COMMISSIONING ................................................................ 4 PHASE 5: PROJECT CLOSEOUT & TRAIL RESTORATION ..................................................................... 4 ANTICIPATED CHALLENGES & MITIGATION STRATEGIES ................................................................... 4
5. SCHEDULE ...................................................................................................................................................... 5
6. EXPERIENCE AND REFERENCES .................................................................................................................... 5
7. COST PROPOSAL ........................................................................................................................................... 7
FIRST LIGHT TECHNOLOGIES BROCHURE
AND SPECIFICATIONS ................................................................... 8
425
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 1 Cover Letter
June 12, 2026
Mike Orona, Deputy Director of Maintenance & Facilities City of Rialto
335 W. Rialto Avenue
Rialto, CA 92376
RE: Solar Light Posts Installation – Cactus Trail
Dear Mr. Orona,
St. Francis Electric, LLC., (herein after referred to as SFE) is pleased to submit this proposal for the Solar Light Posts Installation on Cactus Trail from Rialto Avenue to Baseline Road. Our team understands the importance of this project in improving visibility, enhancing public safety, and supporting long-term infrastructure reliability.
Our proposed scope of work includes furnishing and installing solar- powered light posts at des ignated locations along the Cactus Trail, while ensuring all placement and construction activities comply with SBCFCD requirements for channel maintenance access. We recognize that any work proposed within or adjacent to SBCFCD property or maintained facilities must preserve the integrity of the flood control system and maintain required access for operations and maintenance.
In addition , we will coordinate closely with the City regarding final placement, construction scheduling, and compliance with all applicable standards and requirements. Our approach emphasizes proactive communication, careful planning, and adherence to approved specifications to support a smooth and efficient project delivery.
St. Francis Electric, LLC. , is the submitting organization, a firm in business for over 80 years and is qualified and experienced in providing these services throughout California.
All communication regarding this proposal should be directed to the following contact:
• Jill Petrie, SoCal Area Manager
• Mailing Address: 2100 Iowa Ave ,Riverside, CA 92507
• Phone: 951-203-4586
• Email: [email protected]
We appreciate the opportunity to present this proposal and look forward to the possibility of contributing to this important improvement project.
Respectfully Submitted,
Jill Petrie
Jill Petrie
SoCal Area Manager
2100 Iowa Avenue, Riverside, CA 92507
951-203-4586
[email protected] | https://www.stfranciselectric.com 426
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 2 1. Light Post Specifications
The proposed IPL-PTM fixture features an integrated solar engine mounted directly to the top of a structural steel pole, keeping vulnerable components out of reach from vandals.
Finished in an architectural Black (BK) powder coat , the post is highly resistant to coastal weathering, UV degradation, and graffiti. To address the specific public right -of-way challenges along the Cactus Trail, the fixture includes upgraded Security Fasteners (SEC) .
These tamper-resistant mechanical locks require specialized proprietary tools for removal, drastically reducing the risk of component theft or vandalism.
2. Light Output (Lumens):
The proposed lighting system utilizes a high-efficiency LED fixture delivering a precise light output of 1,550 lumens per post. To optimize this output for the Cactus Trail, the fixtures are engineered with a Type II (T2) asymmetric optical distribution, which shapes the light into a long, narrow linear footprint specifically designed for Class I bicycle and pedestrian paths. This specialized distribution ensures that the illumination is directed precisely onto the paved bike path and walkway, maximizing surface visibility while preventing wasteful light spill into the adjacent roadway or the San Bernardino County Flood Control District (SBCFCD) right -of-way. Operating on a continuous dusk-to-dawn profile (00), the system automatically engages at sunset to provide uniform, reliable illumination throughout all dark hours. Furthermore, the selection of an 2700K Extra Warm White (XW) color temperature provides high - contrast visibility that preserves natural night vision for trail users, ensures strict dark-sky compliance, and avoids disruption to local wildlife corridors near the Rialto Channel.
Proposed Solar Light Post Technical Specifications:
Component /
Feature
Specification Details RFP Compliance Value
Model / Series IPL Series (Integrated Pole-Top
Luminaire) Commercial-grade architectural trail lighting Mounting Style PTM: Post Top Mount Clean aesthetic; places solar engine above pedestrian reach
Finish & Color BK: Architectural Black Powder-coated, weather-resistant, vandalism- deterring
Optical Distribution T2: Type II Light Distribution Ideal for long, narrow spaces like paths and walkways Color Temperature XW: 2700K Extra Warm White Environmentally friendly; dark-sky and wildlife compliant
Operating Profile 00: Continuous Operation (Dusk-to-
Dawn)
Assures 100% night safety for extended evening trail
hours
Vandalism
Protection SEC: Security Fasteners Tamper-proof hardware prevents unauthorized access
427
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 3 3. Quantity of Suggested Posts:
By deploying exactly 99 solar light posts spaced uniformly at 80-foot intervals along the 1.5-mile Cactus Trail, this configuration delivers optimal, overlapping Type II trail illumination while satisfying all City of Rialto safety standards.
Final Technical Specifications Matrix
Component / Feature Engineering Specification RFP Compliance & Lifecycle Value Total Quantity 99 Posts Complete 1.5-mile path coverage Pole Height 14 Feet Ideal pedestrian-scale clearance
Light Output 1,550 Lumens High-efficiency safety lighting Optical Pattern Type II (T2) Linear path-optimized distribution Battery Chemistry LiFePO4 (Lithium Iron Phosphate) Extreme temperature resistance Battery Lifespan 10 Years Extended maintenance cycle
LED Lifespan 100,000 Hours Decades of operating life
Operating Profile Dusk-to-Dawn (00) Uninterrupted nighttime trail safety Vandalism Deterrence Security Fasteners (SEC) Tamper-proof hardware locking
4. Project Approach:
Phase 1: Pre-Construction & Engineering Coordination
This phase focuses on aligning stakeholders, securing permits, and finalizing technical placements before breaking ground.
• Stakeholder Alignment: Host a kickoff meeting with the City of Rialto (Lead Agency) and SBCFCD (If required) to establish communication protocols.
• SBCFCD Right-of-Way Validation: Conduct a field survey to map the exact boundaries of the Rialto Channel maintenance access zones.
• Utility Clearance: Submit a DigAlert (811) ticket to locate and mark all underground utilities prior to final design.
• Mapping: Finalize the exact locations of the light posts. • Permit Acquisition: Secure (no-Fee) encroachment permits as required from the City of Rialto, County of San Bernardino and if necessary, from SBCFCD.
Phase 2: Procurement & Logistics Management
Ensuring high-quality materials are ordered and safely staged minimizes project delays. • Vendor Selection: Order commercial-grade solar light posts featuring smart MPPT controllers and LiFePO4 batteries.
428
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 4 • Quality Assurance: Inspect all incoming solar panels, batteries, LED fixtures, and powder-coated steel poles for defects upon arrival.
• Staging Logistics: Materials to be stored at SFE warehouse & storage yard to hold materials, minimizing on-site footprints along Cactus Avenue.
Phase 3: Site Preparation & Civil Works
Civil works will be executed in rolling segments to keep the majority of the trail open to the public. • Segmented Work Zones: Divide the 1.5-mile trail into 0.25-mile construction segments to localize disruptions.
• Layout Marking: Stake out exact pole locations according to the approved plans and SBCFCD setback rules.
• Foundation Excavation: Drill pier foundations using a mini excavator auger parked on the street side where possible.
• Concrete Pouring: Pour rebar-reinforced concrete foundations with embedded anchor bolts, ensuring proper curing time.
Phase 4: Assembly, Installation & Commissioning
This phase brings the solar infrastructure online and ensures system performance. • Mechanical Assembly: Assemble the poles, solar panels, brackets, and LED luminaires on the ground within the closed trail segment.
• Erection & Securing: Erect the light posts onto the concrete foundations using a light crane or boom truck.
• Electrical Integration: Connect the pre-wired plug-and-play solar harnesses and program the smart controllers for autonomous night operation.
• System Testing: Perform daytime charging verification and nighttime illumination audits to confirm lumen coverage.
Phase 5: Project Closeout & Trail Restoration
The final phase returns the trail to pristine condition and hands operations over to the City. • Site Demobilization: Remove all construction debris, tools, and temporary safety fencing from the trail. • Maintenance Handover: Provide maintenance brief detailing. Panel cleaning schedules and battery lifecycle expectations.
Anticipated Challenges & Mitigation Strategies
• SBCFCD Maintenance Access Blockages
o Challenge: Equipment blocking the Rialto Channel access roads during installation. o Mitigation: Mount all light posts on the far outer edge of the Class I trail clearance zone. Keep all construction vehicles parked strictly within the designated street-side lane closures rather than on the flood control dirt roads.
• Pedestrian & Bicycle Disruption
o Challenge: Active trail users entering the construction zone, creating safety hazards. 429
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 5 o Mitigation: Implement a comprehensive Traffic Control Plan (TCP) using visual electronic message boards, robust barricades, and clear detour signs diverting users to the opposite sidewalk.
• Dust & Environmental Control
o Challenge: Excavation blowing dirt onto the newly paved Class I trail or into the Rialto Channel. o Mitigation: Utilize continuous water-misting during augering and sweep the paved bike path at the end of every afternoon shift.
• Solar Shade Interference
o Challenge: Nearby trees or structures blocking sunlight from hitting the solar panels. o Mitigation: Perform a solar path analysis during Phase 1. Adjust individual pole spacing slightly or utilize extended mounting arms to position panels into maximum direct sunlight.
5. Schedule:
To deliver a seamless installation and avoid any prolonged closures along the Cactus Trail, our team has structured a highly efficient, phased timeline that accounts for a standard 8 -week lead time for material procurement. By utilizing this lead time to finalize designs, secure required permits from the City of Rialto and the San Bernardino County Flood Control District (SBCFCD), and complete underground utility DigAlert, we guarantee that no physical trail disruptions will occur until all equipment is safely staged locally. Once materials arrive, the schedule transitions immediately into an intensive, 40 -day active construction window: a 25-day civil phase dedicated to drilling, reinforcing, and pouring the concrete foundations, followed by a 15-day mechanical phase to assemble, erect, and program the solar poles and LED fixtures. The comprehensive timeline below details this strategic workflow from contract award to final system testing and project handover.
Project Schedule Overview
Phase Task Description Duration Timeline Position Milestone / Note Phase 1 Procurement & Pre-Con
Engineering 8 Weeks Weeks 1 – 8 Materials arrive at local staging yard Phase 2 Civil Works & Foundation
Construction 25 Days Weeks 9 – 13 Critical Milestone: Foundations Complete Phase 3 Assembly, Installation & Wiring 15 Days Weeks 14 – 16 Critical Milestone: Lighting Fully Erected Phase 4 Testing, Commissioning &
Closeout 5 Days Week 17 Final inspection and project handover
6. Experience and References:
Experience
Our firm brings extensive experience delivering solar lighting solutions in environments that closely mirror the conditions and requirements of this project. We have successfully installed and maintained solar-powered lighting systems within public rights-of-way, including roadways, pedestrian corridors, and municipal infrastructure zones, where safety, reliability, and regulatory compliance are critical.
430
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 6 In addition, we have completed multiple projects within flood control channels, basins, and adjacent access roads, where unique environmental and structural considerations must be addressed. These projects required careful coordination with local agencies, adherence to hydraulic and environmental constraints, and the implementation of durable, self-sustaining solar lighting systems capable of operating in remote or non-energized locations.
Our experience includes site assessment, photometric planning, equipment specification, and installation of solar lighting assemblies designed to withstand variable weather conditions, limited grid access, and challenging terrain.
We are also well-versed in permitting processes and stakeholder coordination, ensuring that all installations meet applicable municipal, county, and agency standards.
Through these efforts, we have consistently delivered solutions that enhance visibility, improve public safety, and reduce long-term operational costs. Our familiarity with right-of-way constraints and flood control environments positions us to execute thi s project efficiently while minimizing disruption and maintaining compliance with all governing requirements.
References
Project Name: Solano County Lighting Improvement Project 2025 Contract Amount: $275,813.60
Agency: County of Solano
Contact Name: Riley Martinson
Contact Phone: 707-784-3177
Project Description: SFE installed solar powered light fixtures on metal poles a various locations throughout Solano County. Work also included installation of concrete footings and object markers.
Project Name: 6
th Street Lighting Improvement Project, CIP C2203
Contract Amount: $183,084.00
Agency: City of Hollister
Contact Name: Cristian Builes
Contact Phone: 831-636-4340
Project Description: SFE installed solar street lights including solar lights, poles, and foundations in the City of Hollister along 6th Street between West Street and Monterey Street.
Project Name: Stockrest Springs Road Roundabout Project, CIP C1612 Contract Amount: $230,000.00
Agency: McCuen Construction, Inc. (Town of Truckee)
Contact Name: Cody Dales
Contact Phone: 916-652-7824
Project Description: SFE was subcontracted to furnish and install street lighting including; trenching and backfill, pull boxes, conduit, conductors, and traffic control.
Project Name: Caltrans 04-2Q5204
Contract Amount: $7,178,000.00
Agency: Bay Cities Paving & Grading, Inc. (Caltrans Project in the County of Solano) Contact Name: Chad Brown
Contact Phone: 925-687-6666
Project Description: SFE was subcontracted to furnish and install street lighting on City streets including; potholing, installing large foundations, modifying the existing signal and lighting systems, and modifying ped hybrid beacon systems.
431
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 7 7. Cost Proposal:
In order to provide the City of Rialto with maximum financial transparency and fiscal predictability, our itemized cost proposal has been structured into four distinct, comprehensive cost centers: Materials & Equipment procurement, Civil Works construction, Mechanic al Installation labor, and a dedicated project contingency. The values outlined in the matrix below reflect all- inclusive, commercial- grade pricing, encompassing all manufacturing, shipping to our local staging yard, safety traffic control, heavy machinery utilization, and specialized labor required to deliver the 99 solar light posts along the 1.5 -mile Cactus Trail corridor. All pricing is fully compliant with prevailing wage laws and standard public works practices within San Bernardino County, ensuring a fixed-price delivery with zero hidden administrative or overhead fees.
Project Cost Summary Matrix
Item # Cost Category Description Calculation Basis / Details Total Category Cost ($)
1.0 Labor Subtotal TS Electrician & Signal Maintenance Superintendent $183,940.00
2.0 Equipment Subtotal Bucket, Crane, Trucks, Arrow Board & Trailers $65,380.00
3.0 Subcontractor Base Cost SoCal Short Load (Concrete) $20,700.00
4.0 Subcontractor GM Markup General Manager Markup $3,652.94
5.0 Materials Subtotal FTL, United, Cages, Forms, Paint & Misc $327,621.00
6.0 Material Sales Tax 8.75% State & Local Sales Tax $28,666.84
7.0 Additional Fees & Freight Disposal Fees & TMAC Delivery Fees $8,600.00
8.0 Material GM Markup General Manager Markup on Materials + Tax + Fees $91,221.96 TOTAL GRAND TOTAL BID PRICE All-Inclusive Fixed Cost for 99 Posts $729,782.74
Again, we appreciate the opportunity to present this proposal and look forward to the possibility of contributing to this important imp rovement project. Please contact me at (951) 203 -4586 or [email protected] with any questions. Detailed specifications (outlined in red) and Brochure from First Light Technologies attached following this page.
Respectfully Submitted,
Jill Petrie
Jill Petrie
SoCal Area Manager
2100 Iowa Avenue, Riverside, CA 92507
951-203-4586
[email protected] | https://www.stfranciselectric.com 432
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 8 433
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 9 434
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 10 435
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 11 436
St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 12 437
City of Rialto
Legislation Text
File #: 26-0413, Version: 1, Agenda #: TAB7
For City Council Meeting June 23, 2026
TO: Honorable Mayor and City Council
APPROVAL: Eric Vail, City Attorney
FROM: Yazdan Emrani, P.E., Director of Public Works
Request City Council to: (1) Introduce for First Reading Ordinance No. 1714 to Amend Multiple Sections of the Municipal Code to provide the Public Works Director with the same Authority as the City Engineer; and (2) Provide Any Other Direction as Determined Appropriate. (ACTION)
Staff recommends that the City Council:
1) Introduce Ordinance, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO
AMENDING MISCELLANEOUS SECTIONS IN THE RIALTO MUNICIPAL CODE TO
PROVIDE THE PUBLIC WORKS DIRECTOR WITH THE SAME AUTHORITY AS THE CITY ENGINEER,” by title only and waive further reading; and 2) Provide any other direction as determined appropriate.
BACKGROUND:
In order to facilitate conducting City business, providing the Public Works Director with the same authority as the City Engineer will increase the City’s flexibility in completing City projects.
ANALYSIS/DISCUSSION:
The municipal code includes a significant number of provisions across most titles that provide the City Engineer with certain authority. A few examples include, under Chapter 2.48, Purchasing, the City Engineer handles certain aspects of public project procurement, under Chapter 5.44, Cable Systems Regulations, the City Engineer has approval authority over system construction, and under Chapter 10.41, Interstate Trucks, the City Engineer has authority over the designation of truck routes.
The municipal code rests much authority and responsibility on the City Engineer. Some of this work can be managed as effectively by the Public Works Director. In some cases, the authority can be shared with the Public Works Director only if the director is a registered Professional Engineer in California, and that language has been added in all the relevant provisions.
The amendment to the code will provide the City with additional flexibility in completing projects and issuing permits.
The proposed amendments include:
City of Rialto Printed on 6/18/2026Page 1 of 3
powered by Legistar™
438
File #: 26-0413, Version: 1, Agenda #: TAB7
· 96 sections are amended across 10 Titles (Titles 2, 3, 5, 9, 10, 11, 12, 15, 17, and 18). · The vast majority of changes add "or public works director" alongside "city engineer," with a condition that the Director holds a California Professional Engineer license. · Nine new sections are created (§§ 10.41.024, 11.04.014, 11.05.014, 11.12.020, 11.22.024,
12.08.014, 12.16.014, 12.60.034) - these are blanket provisions granting the Public Works Director chapter-wide co-equal authority with the city engineer rather than amending each individual section within those chapters.
· A handful of sections have slightly different changes (e.g., § 18.47.080 changes "city engineering division" to "public works department"; § 18.75.140 appoints the public works director as co-equal floodplain administrator).
A clean version of the proposed ordinance is included as Attachment 1.
The redline version of the proposed ordinance showing the specific edits to the municipal code is included as Attachment 2.
A chart summary of all the changes identifying the title, chapter, and sections is included as Attachment 3.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a “Project”as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project”means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
The City of Rialto General Plan establishes various guiding principles, goals and objectives through which the City looks to improve the community and protect the quality of life for our residents. This action is consistent with Guiding Principle 3 in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the Ordinance and approved it as to form.
FINANCIAL IMPACT:
Operating Budget Impact:
The proposed action will not affect the Operating Budget.
Capital Improvement Budget Impact:
The proposed action will not affect the Capital Improvement Budget.
Licensing:
City of Rialto Printed on 6/18/2026Page 2 of 3
powered by Legistar™
439
File #: 26-0413, Version: 1, Agenda #: TAB7
A business license application and payment of a business license tax are not required for this action.
ATTACHMENTS:
1. Proposed Ordinance
2. Redline version of proposed Ordinance
3. Chart listing all proposed amendments by title and chapter City of Rialto Printed on 6/18/2026Page 3 of 3
powered by Legistar™
440
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
08047-0001 4920-7052-4853 v1
ORDINANCE NO. 1714
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RIALTO AMENDING MISCELLANEOUS SECTIONS IN
THE RIALTO MUNICIPAL CODE TO PROVIDE THE
DIRECTOR OF PUBLIC WORKS WITH THE SAME
AUTHORITY AS THE CITY ENGINEER
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council desires to amend the Municipal Code to allow the director of public works to have the same authority as the city engineer in all instances where such authority is permissible; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorpora ted and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. AMENDMENTS TO RIALTO MUNICIPAL CODE
The following sections of the Rialto Municipal Code are hereby amended to read as follows:
2.42.060 - Master plan of streets and highways.
The master plan of streets and highways established by the city council and maintained in the office of the city engineer or public works director is incorporated by reference as set forth in detail in this code.
2.48.040 - Definitions of terms used in this chapter.
“Public Works Director” means the city’s public works director, or their designee. 441
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 2 -
2.48.190 - General procurement methods for public projects.
A. Method Determined by Cost Estimate. The procedure to be followed in awarding contracts for public projects is determined initially by the estimated cost as determined by the city engineer or public works director ( provided they are a registered Professional Engineer in California).
2.48.200 - Purchasing process.
A. Bidding Thresholds. The process applicable for the procurement of public projects shall be established in accordance with the following bidding thresholds dependent upon the city engineer's estimated cost of the public project, as follows. The estimated cost of the public project may be prepared by the public works director , provided they are a registered Professional Engineer in California. …
2.48.210 - Informal public project bidding procedure.
A. Adoption of Plans and Specifications; Authorization to Bid. The city engineer or public works director ( provided they are a registered Professional Engineer in California ), or designee, is authorized to review and approve engineering plans for purposes of design immunity pursuant to Government Code Section 830.6 for all public projects with an estimated cost less than the amount identified by Public Contract Code Section 22032(b). This shall include review and approval of the working details, drawings, plans and specifications prepared for the public project, including emergency and chan ge order work, which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property.
2.48.250 - Field orders.
A. Policy.
1. …
2. Field orders shall be limited to minor adj ustments to the scope of work directly related to the public project, and shall identify the description of the scope of work and the cost therefore, with such documentation justifying the price as deemed necessary by the city 442
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 3 -
engineer or public works dire ctor ( provided they are a registered Professional Engineer in California).
3. The city engineer or public works director (provided they are a registered Professional Engineer in California) shall maintain an accounting of all field orders approved and the balance remaining in the allowance specified therefore in the bid. Approval of field orders shall not increase the maximum price of the bid for the public project, and a reduction of the bid shall be made through a change order when the total cumulative price of field orders approved by the city engineer or public works director (provided they are a registered Professional Engineer in California) is less than the total allowance therefore specified in the bid.
4. The specifications issued for the public project m ay contain further regulations regarding the use of field orders as may be deemed necessary by the city engineer or public works director.
B. Approval Authority. The city engineer or public works director (provided they are a registered Professional Engineer in California ) shall have authority to approve field orders related to contracts for construction of public projects previously awarded by the city manager or city council, as the case may be, provided the specifications for the public project and the bid therefore incorporate an allowance for field orders that is included in the maximum price of the bid for the public project so awarded.
2.48.260 - Acceptance of public projects; notices of completion.
The city manager, or designee, upon a recommendation of the city engineer or public works director (provided they are a registered Professional Engineer in California), is authorized to accept the work completed by contractors associated with a public project on behalf of the city council, and is authorized to execute and cause to be recorded notices of completion where required or authorized by law. Upon acceptance of the work by the city manager or designee, the city clerk is authorized to release bonds and security instruments filed with the city associated with the public project as otherwise required in the specifications issued by the city for the public project.
3.33.030 - Definitions.
443
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 4 -
The definitions set forth in this section shall govern the construction of this chapter:
"Construction and credit agreement" means an agreement between the city and a developer that obligates the developer of a development project to construct a designated public facility, or portion thereof, and that entitles the developer to a credit toward the development project's obligation to pay development impact fees imposed hereunder in an amount not to exceed the cost to construct the public facility, or portion thereof, as determined by the building official, city engineer, or public works director based upon proof of the d eveloper's actual construction costs.
3.33.100 - Fee credits.
A. If as a condition of approval of a development project or in accordance with a construction and credit agreement or development agreement, a developer constructs a public facility identified in a Nexus Report for which a development impact fee is imposed, then the developer shall be eligible to receive a fee credit toward the development impact fee imposed on the development project for the same type of public facility so constructed. However, th e fee credit toward any development impact fee will be granted to a developer only where: (1) the public facility is constructed in accordance with plans approved by the building official, city engineer, or public works director and for which a building permit has been issued, (2) the public facility is inspected and approved by the building official, city engineer, or public works director, (3) the developer and city enter into a construction and credit agreement or development agreement and (4) the develo per submits a written request for credit toward a particular development impact fee together with evidence of the cost to construct the public facility to the building official, city engineer, or public works director no later than three months from the date of the inspection and approval of the public facility. The amount of the fee credit shall be determined, in the sole discretion, of the building official, the city engineer, or public works director based upon the evidence of the costs to construct the public facility. However, the amount of the fee credit shall not exceed the amount of the development impact fee imposed for the same type of public facility as the one constructed by the developer. The developer shall not be entitled to reimbursement for any excess in the costs to construct the public facility over the amount of 444
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 5 -
the developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the city council.
3.33.110 - Construction and credit agreements.
A. The city administrator may require a construction and credit agreement with a developer or may negotiate a construction and credit agreement requested by a developer, subject to city council approval, where the need to construct a particular public facility for which a development impact fee has been established is necessary or desirable prior to the construction of the development project. The construction and credit agreement shall describe the public facility to be constructed, the plans and specifications for its construction, the time of completion of the public facility, the permits and inspections required by the building official, or city engineer, or public works director and such other terms deemed n ecessary by the city administrator. Upon notice of completion of such facility by the developer, the building official, the city engineer, or public works director shall inspect the public facility and determine whether it conforms to the plans and specifications and building codes. From the date of written notice of acceptance of the public facility to the developer from the building official, city engineer or public works director, the developer may submit proof of its construction costs to the building o fficial, city engineer, or public works director no later than three months from the date of the written notice of acceptance; and the developer's failure to submit such costs within said period shall constitute a waiver of the developer's right to seek a fee credit hereunder. The amount of the fee credit shall be determined, in the sole discretion, of the city building official, the city engineer, or public works director based upon the evidence of the costs to construct the public facility submitted by the developer. However, the amount of the fee credit shall not exceed the amount of the development impact fee imposed for the same type of public facility as that constructed by the developer. The developer shall not be entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed.
3.33.120 - Appeal to city administrator.
445
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 6 -
A developer may appeal to the city administrator the decision of the building official, city engineer, or public works director about the amount of credit granted toward a developer's obligation to pay a development impact fee arising from the developer's construction of a public facility. The d eveloper shall file its appeal by submitting a written statement to the city clerk within ten days of the date of written notice of the decision of the building official, city engineer, or public works director. The written appeal shall contain the developer's grounds for appeal. The developer's failure to raise any ground in the written appeal shall constitute a waiver of any ground not stated in the written appeal. Within fifteen days of the filing of a timely and substantive appeal, the city administrato r shall set a hearing on the appeal no later than fifteen days from the date of the filing of the appeal with the city clerk. Within fifteen days following the completion of the hearing on the appeal, the city administrator shall issue a written decision on the appeal and mail it to the developer. The decision of the city administrator shall be final at the time it is mailed to the developer.
5.44.027 - System construction.
D. Any changes in or extensions of any poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to as "structures"), or the construction of any additional structures, in, upon, along, across, under or over the streets, alleys and public ways shall be made under the direction of grantor's city engineer or public works director (provided they are a registered Professional Engineer in California ), or their designee, who shall, if the proposed change, extension or construction conforms to the provisions hereof, issue written permits therefor. The height above public thoroughfares of all aerial wires shall conform to the requirements of the California regulatory body having jurisdiction thereof.
9.02.010 - Prohibited.
It is unlawful for any person to break, destroy, deface, mar, change the appearance of, or move any permanent survey mark, post or pipe placed in any street or park space within the city by the city engineer or public works director (provided they are a registered Professional Engineer in California), upon which has been placed the foll owing inscription: "City of Rialto, Survey Mark."
446
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 7 -
10.12.010 - Installation authority.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) has the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this title.
B. Whenever the Vehicle Code requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law the city engineer or public works director (provided they are a register ed Professional Engineer in California) is authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
C. The city engineer or public works director (provided they ar e a registered Professional Engineer in California) may also place and maintain or cause to place and maintain such additional traffic control devices as he/she deems necessary or proper to regulate traffic or to guide or warn traffic, but he/she shall mak e such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this title or as may be determined by ordinance or resolution of the council.
10.12.030 - Signal installation.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California ) is directed to install and maintain official traffic signals at those intersections and other places w here traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
B. The city engineer or public works dire ctor (provided they are a registered Professional Engineer in California ) shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his/her deter minations therefrom shall be made in accordance with those traffic 447
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 8 -
engineering and safety standards and instructions set forth in the California Traffic Manual issued by the Division of Highways of the State Department of Public Works.
C. When the city engineer or public works director (provided they are a registered Professional Engineer in California ) installs and maintains an official traffic signal at any intersection, he/she shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at any such intersection.
10.12.040 - Lane marking.
The city engineer or public works director (provided they are a registered P rofessional Engineer in California) is authorized to mark centerlines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway.
10.12.050 - Distinctive roadway markings.
The city engineer or public works director (provided they are a registered Professional Engineer in California ) is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and mar kings. Such marking or signs and marking have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code.
10.12.060 - Removal, relocation authority.
The city engineer or public works direct or (provided they are a registered Professional Engineer in California ) is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this title whenever he/she determines in any particular case that the conditions which warranted or required the installation no longer exist or obtain.
10.12.070 - Hours of operation.
448
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 9 -
The city engineer, public works director, and chief of police determine the hours and days during which any traff ic control device shall be in operation or in effect, except in those cases where such hours or days are specified in this title.
10.16.010 - Turner, multiple lane and intersection markers.
The city engineer or public works director (provided they are a reg istered Professional Engineer in California) is authorized to place official traffic control devices within or adjacent to intersections and indicating the course to be traveled by vehicles turning at such intersections, and the city engineer or public wor ks director (provided they are a registered Professional Engineer in California ) is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
10.16.020 - Restricted turn signs.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U -turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.
10.16.030 - Signal controlled intersections—Right turns.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California ) shall post appropriate signs giving effect to this section where he/she determines that the making of right turns against traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic.
10.20.010 - Posting authority.
Whenever any city ordinance or resolution designates any one-way street or alley, the city engineer or public works director (provided they are a registered Professional Engineer in California) shall place and maintain signs giving notice thereof, and no such regulations are effective unless such signs are in place. Signs indicating the direction of lawful traffic movement 449
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 10 -
shall be placed at every intersection where movement of traffic in the op posite direction is prohibited.
10.24.010 - Sign erection authority.
Whenever any city ordinance or resolution designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the city engineer or public works director (provided they are a registered Professional Engineer in California) shall erect and maintain stop signs as follows: …
10.28.030 - Maintenance of no stopping zones and no parking areas.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title.
10.28.040 - No parking areas.
No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:
C. In any area where the city engineer or public works director (provided they are a registered Professional Engineer in California ) determines that the parking or stopping of a vehicle constitutes a traffic hazard or endangers life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface;
10.28.090 - Adjacent to schools.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to erect signs indicating no parking upon that side of any street adjacent to any school proper ty when such parking would, in his/her opinion, interfere with traffic or create a hazardous situation.
10.28.100 - Narrow streets.
450
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 11 -
A. The city engineer or public works director (provided they are a registered Professional Engineer in California ) is authorize d to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet.
10.28.120 - Property transporter.
A. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the city engineer or public works director which shall designate the specific location where such vehicle may stand.
B. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, or wagon on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the city engineer or public works director upon the filing of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six months have elaps ed from the date of such revocation.
10.28.130 - Emergency parking signs.
A. Whenever the city engineer, public works director, or chief of police determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, the city engineer, public works director, or chief of police has power and authority to order temporary signs to be erected or posted indicating that the operation, parking, or standing of vehicles is prohibited on such streets and alleys as the city engineer, public works director, or chief of police directs during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the city engineer, public works director, or chief of police shall cause such signs to be removed promptly thereafter.
451
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 12 -
10.28.140 - Twenty-four minute.
…
When authorized signs, parking meters or curb markings have been determined by the city engineer or public works dire ctor (provided they are a registered Professional Engineer in California) to be necessary and is in place giving notice thereof no operator of any vehicle shall stop, stand or park the vehicle adjacent to any such legible curb marking or sign or parking meter in violation thereof.
10.28.150 - Forty minute.
When authorized signs, parking meters or curb markings have been determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between nine a.m. and six p.m. of any day except Sunday(s and holidays), for a period of time longer than forty minutes.
10.28.160 - One hour.
When authorized signs, parking meters or curb markings have been determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between nine a.m. and six p.m.. of any day except Sunday(s and holidays) for a period of time longer than one hour.
10.28.170 - Two hour.
When authorized signs, parking meters or curb markings are determ ined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand, or park the vehicle between nine a.m. and five p.m. of any day except Sunday(s and holidays) for a period of time longer than two hours.
10.28.180 - Parallel on one-way streets.
C. The city engineer or public works director (provided they are a registered Professional Engineer in California ) is authorized to determine when standing or parking is 452
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 13 -
prohibited upon the left hand side of any one -way street or when standing or parking may be permitted upon the left hand side of any one -way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.
10.28.190 - Space markings.
The city engineer or public works director is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.
…
10.28.200 - No stopping zones.
The city engineer or public works director (provided they are a registered Professional Engineer in California) shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited. …
10.28.210 - Loading zone—Establishment authority.
A. The city engineer or public works director is authorized to determine and mark loading zones and passenger loading zones as follows: …
10.28.220 - Curb markings.
The city engineer or public works director (provided they are a registered Professional Engineer in California ) is authorized, subject to the provisions and limitations of this title, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and the curb markings have the meanings as herein set forth:
D. When the city engineer or public works director (provided they are a registered Professional Engineer in California) as authorized under this title has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
10.28.270 - Coach zones.
453
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 14 -
A. The city engineer or public works director is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and determine the location thereof.
10.28.280 - Taxicab stands.
A. The city engineer or public works director shall establish taxicab stands and determine the locations thereof.
B. The curb surface within each taxicab stand shall be painted white and marked "taxicab stand" in red lettering, or designated by signs of a type and s ize approved by the city engineer or public works director.
10.32.040 - Regulation of speed by traffic signals.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof.
10.36.040 - Riding or driving on sidewalk.
No person shall ride, drive, propel, or cause to be propelled any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any tem porary purpose to drive a loaded vehicle across a sidewalk; provided further, that the sidewalk area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the city engineer or public works director. Such wooden planks shall not be permitted to remain upon the sidewalk area from six p.m. to six a.m.
10.36.060 - Obedience to barriers and signs.
No person, public utility or department in the city shall erect or place any barrier or sign on any street unless of a type approved by the city engineer or public works director or disobey the instructions, remove, tamper with or destroy any banner or sign lawfully placed on any street by any person, public utility or by any department of this city.
10.36.080 - Intersection obstruction.
454
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 15 -
Whenever the city engineer or public works director finds that any hedge, shrubbery, or tree growing in a parkway obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, he/she shall cause the hedge, shrubbery or tree to be immediately removed or reduced in height.
10.40.010 - Routes.
A. Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exc eeding a maximum gross weight limit of five tons, the city engineer or public works director (provided they are a registered Professional Engineer in California ) is authorized to designate such street or streets by appropriate signs as "truck routes" for t he movement of vehicles exceeding a maximum gross weight limit of five tons.
10.40.020 - Commercial vehicles prohibited on certain streets.
A. Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the city engineer or public works director (provided they are a registered Professional Engineer in California ) shall erect and maintain appropriate signs on those streets affected by such ordinance.
10.41.010 - Definitions.
The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in the vehicle code, it shall have the meaning attributed to it in ordinary usage.
A. …
E. Public works director” means the city’s public works director.
10.41.010 - Definitions.
The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in the vehicle code, it shall have the meaning attributed to it in ordinary usage. 455
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 16 -
F. “Public works director” means the public works director of the city or his/her representative.
10.41.024 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
10.48.010 - Permit required.
A. No person shall move or operate upon any of the city streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the city engineer or public works director.
B. The city engineer or public works director may, by written permit, authorize a load or loads in excess of those allowed for in the Ve hicle Code, if, in his/her judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight, or if the applicant will guarantee to the city that all costs of repair to the streets or to the public property of the city damaged by the movement of such load or loads will be paid in full. Such permit shall be granted upon such conditions and upon depositing such bond as the city engineer or public works director in his/her discretion may require.
C. The applicant for such a permit shall pay a permit fee as established from time to time by city council resolution for a single trip or for an annual permit which will allow continuous operation.
10.52.010 - Crosswalk—Establishment.
A. The city engineer and public works director (provided they are a registered Professional Engineer in California ) establishes, designates and maintains crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows:
B. Crosswalks shall be established and maintained at all intersections where the city engineer or public works director (provided they are a registered Professional Engineer in California) determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in subsection B.
456
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 17 -
C. …
D. The city engineer or public works director (provided they are a registered Professional Engineer in California) may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated.
11.04.010 - Definitions.
The following words and phrases, for the purpose of this chapter, mean as defined in this section:
F. "Construction permit" means written authorization from the city engineer or public works director for constructing, replacing or repairing sidewalks, curbs, gutters, cross - gutters, driveways, sewers, storm drains, manholes, catch basins, paving, grading, culverts and appurtenant work.
G. "Street opening permit" means written author ization from the city engineer or public works director for excavation within the street right-of-way for the installing, constructing, replacing or repairing of gas facilities, water facilities, telephone facilities, electrical facilities, community antenna facilities, street light facilities and appurtenant work.
H. "Utility pole permit" means written authorization from the city engineer or public works director for the installation, replacement or relocation of telephone poles, electrical poles, community antenna television poles, or street light poles and appurtenant work.
I. "Encroachment permit" means written authorization from the city for the installation, replacement or relocation of signs, awnings, decorative planter boxes or other facilities within the street right -of-way that are owned by private individuals or corporations including all appurtenant work.
J. “Public works director” means the public works director of the City of Rialto.
11.04.014 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
11.05.010 - Defined.
457
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 18 -
An encroachment license agreement consists of a discretionary approval by the city council to allow installation of permanent structures or private utilities (the "encroachments") constructed within public right -of-way that require additional conditions imposed by the city council relative to their installation, operation and pe rpetual maintenance than is otherwise authorized by an encroachment permit administratively issued by the city engineer or public works director pursuant to Chapter 11.04. An encroachment license agreement shall be revocable for cause by the city council pursuant to the conditions, and subject to the notice, required by this Chapter 11.05.
11.05.014 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
11.12.020 Scope; Public works director authority
This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.
If two or more provisions of this chapter, and any other applicable law are in conflict, that which provides the greater safety shall prevail.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
11.22.020 - Definitions.
“Public Works Director” means the city’s public works director, or his or her designee. "Substantial change" has the same meaning as "substantial change" as defined by the FCC at 47 C.F.R. 1.61001(b)(7). Notwithstanding the definition above, if an existing pole -mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the city engineer or public works director and based upon his/her reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the 458
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 19 -
cabinet is technologically infeas ible such that it is materially inhibitive to the project, the city engineer or public works director may allow for a ground mounted cabinet. A modification or collocation results is a "substantial change" to the physical dimensions of an eligible support structure if it does any of the following: …
11.22.024 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
12.04.020 - Installation—Permit required.
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any water line or appurtenances thereto without first obtaining a written permit from the city eng ineer or public works director (provided they are a registered Professional Engineer in California).
12.08.014 Public works director authority.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
12.16.010 – Definitions.
F. “Public works director” means the city’s public works director, or their designee.
12.16.014 Public works director authority.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
12.32.030 - Definition of terms.
The following terms are defined for the purposes of this chapter: … “Public works director” means the city’s public works director or their designee.
12.32.090 - Existing potable water customers.
C. In making such determination, the city engineer or public works director (provided they are a registered Professional Engineer in California ), in consultations with the prospective recycled water customer(s), shall consider, but not be limited to, the following factors:
459
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 20 -
F. At the time of commencing the work, the property owner shall furnish the city engineer or public works director (provided they are a registered Professional Engineer in California) a schedule showing the time frame of when the conversion work will be completed.
The city engineer or public works director may grant an extension of time for the preparation of studies, environmental review or other good reason.
12.32.100 - Failure to commence use of recycled water.
The city engineer or public works director (provided they are a registered Professional Engineer in California) shall identify and give notice to all persons, firms, and corporations which have failed to commence the use of recycled water obligated under the general rule, and determine the reasons for such persons, firms, or corporations for failing to take recycled water, after being offered the opportunity.
12.32.110 - Procedures for instituting mandatory service.
The city of Rialto may initiate proceedings to institute mandatory service to a person, firm or corporation as follows:
A. The potential recycled water customer shall be notified in writing why the city engineer or public works director (provided they are a registered Professional Engineer in California) has determined it is feasible to convert to recycled water service; initiating a thirty - day period for filing protests or requesting a waiver.
B. After the thirty -day protests and waivers period has expired, findings shall be made, and the city engineer or public works director (provided they are a registered Professional Engineer in California) shall request of the city council and Rialto utility a uthority to conduct a joint hearing to find the conditions for mandatory use exist.
12.60.030 Definitions.
“Public works director” means the city’s public works director or their designee.
12.60.034 – Public works director authority.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
15.52.020 - City engineer and public works director's duty. 460
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 21 -
It is the duty of the city engineer and public works director to designate the respective starting points for numbers to be placed on, and also the respective numbers for, buildings and entrances fronting on streets, and to give written notice to the owner, occupant, lessee, tenant or subtenant of such building or entrance. The street and building numbers shall comply with the requirements of the California Fire Code as adopted and amended by this jurisdiction in RMC Chapter 15.28.
17.18.060 - Filing and processing.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Chapter
17.16 of this code for a tentative map, except as hereinafter provided:
B. …
1. … to and approved by the city engineer or public works director (provided they are a registered Professional Engineer in California);
5. A precise grading plan in conformance with the PPD -approved site plan for the proposed residential development shall be submitted to and approved by the city engineer or public works director (provided they are a registered Professional Engineer in California);
6. A preliminary soils report, and geological study if required, shall be submitted to the city engineer or public works director (provided they are a registered Professional Engineer in California);
7. An engineered hydrology and hydraulics report shall be submitted to and approved by the city engineer or public works director (provided they are a registered Professional Engineer in California);
8. All above requirements shall be met prior to the filing of a vesting tentative map.
17.20.080 - Improvements required.
C. If such improvement work is not completed satisfactorily before the final map is approved, the owner or owners of the subdivision shall, prior to approval of the final map, enter as contractor into an agreement with the city council whereby, in consideration of the acceptance 461
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 22 -
by the city council of the streets and easements offered for dedication, to complete the work within the time specified in the agreement. To assure the city that this work will be completed, a bond shall be furnished guaranteeing the faithful performance of the work in the sum equal to the cost as estimated by the city engineer or public works director. Ninety percent of this bond may be furnished by a qualified surety company, except in cases where a cash deposit is required by the city council. Ten percent of the bond amount must be cash or a letter of credit payable upon demand of the city. This money may be used as directed by the city administrator or a person designated by him/her to pay the cost of maintaining barricades, correcti ng street hazards or repairing any street irrigation line or other utility causing a hazard, nuisance or inconvenience to the public.
17.20.110 - Installation of landscaping and irrigation systems—Assessment districts.
No certificate of occupancy shall be issued for a lot abutting upon a parkway in an assessment district until all the required landscaping and irrigation systems have been installed.
Such installation may be in phases as determined by the city engineer or public works director.
17.24.010 - Required.
A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the director of development services (or the city engineer or public works director) for every subdivision.
17.24.030 - Soils investigation required when.
If the department of development services (or the city engineer or public works director) has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soil s problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of development services (or the city engineer or public works director). Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
17.24.030 - Soils investigation required when.
462
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 23 -
If the department of development services (or the city engineer or public works director) has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of development services (or the city engineer or public works director). Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
17.32.020 - Interior monuments.
Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city council security guaranteeing the pa yment of the cost of setting such monuments. Said sufficient security shall be determined by the city engineer or public works director (provided they are a registered Professional Engineer in California ) with the concurrence of the director of development services.
17.44.010 - Design standards.
…
In reviewing tentative subdivision maps, the planning commission will require:
A. Dedications of land for streets, alleys, floodways and easements for:
1. …
4. Easements:
a. For flood channels at such widths as the county flood control officer, city engineer, or public works director may indicate,
17.46.080 - Mergers initiated by application.
This section implements the procedures and prescribes the standards for owner -initiated merger and un -merger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20.2 through 66400.20.3, as may be amended from time to time.
A. …
463
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 24 -
B. By application of all owners of record, filed with the city engineer or public works director, contiguous parcels under common ow nership may be merged without reverting to acreage. To allow the merger, the city engineer or public works director, in consultation with the community development director or designee, must find that:
1. All parcels to be merged are contiguous, adjacent or may be consolidated into a single parcel;
2. All parcels to be merged are under identical ownership; and
3. The resulting parcel is consistent with the city's general plan, any applicable specific plan, and any other applicable provision of this code.
C. Upon approval of the merger by the city engineer or public works director, the city engineer or public works director shall file with the county recorder an instrument evidencing the merger.
D. Appeal. A determination of the city engineer or public works director to approve or deny the application may be appealed by an interested party to the city manager, or his or her designee ("city manager"), by filing a written notice of appeal within ten calendar days from the date of the city engineer or public works director's decision. The city manager, at his or her discretion, may request a hearing on the matter, or may decide the matter based on the record and written appeal. The city manager shall review the matter de novo, and shall issue a decision within forty-five days of receipt of the written appeal. The city manager's decision shall be final.
17.50.020 - Definitions.
Whenever in this chapter the words or phrases defined hereinafter in this section are used, they have the meanings assigned to them in the following definitions:
"Estimated construction cost" means the estimated cost of construction as outlined in the engineering report and approved by the city engineer or public works director.
17.50.030 - Procedure.
A. …
B. Application. A property owner/financing party requesti ng a reimbursement agreement shall submit an application on a form provided by the city and shall provide 464
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 25 -
information as required by the community development director , city engineer, or public works director, including the area of the proposed benefit area. The city shall prepare a reimbursement agreement in conformance with the requirements of Section 17.50.040. The applicant shall also submit a deposit to cover the city's estimated administrative costs to review, process, and approve the reimbursement agreement.
C. Review. The community development director , city engineer , or public works director will review and recommend that the cit y council either approve, approve with modification, or reject the proposed reimbursement agreement, in accordance with the procedures set forth in Section 17.50.050.
17.50.040 - Contents of the reimbursement agreement.
A reimbursement agreement shall include, but is not limited to, the following provisions:
A. …
B. A detailed plat drawn at an engineering scale approved by the city engineer or public works director showing each property included within the benefit area and a list of each property by county assessor parcel number, as well as the precise location of all public improvements;
17.50.050 - Notice and hearing.
…
D. After the public hearing, the city council may, by resolution, approve, approve with modifications, or deny a reimbursement agreement. Before granting approval, the city council shall make each of these findings:
1. The improvements for which reimbursement is sought is a public improvement which will, upon completion, be dedicated to and accepted by the city, if constructed to the applicable standard set by the city engineer or public works director;
17.50.060 - Payment by benefited property owner.
A. …
B. The contribution charge applies only: (1) after the reimbursement agreement is recorded; (2) during the period a reimbursement agreement is in effect; and (3) if the city engineer 465
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 26 -
or public works director determines that the land use approval involves the scope and type of development contemplated by the reimbursement agreement.
18.47.080 - Site development standards.
…
D. Circulation. All internal roads and all access roads to the proposed facility shall be constructed or improved to city standards as approved by the public works department.
18.49.050 - Sign requirements.
G. Temporary Advertising Signs. …
3. Street light banner signage may be permitted subject to review and approval by the public works department and approval of an encroachment permit by the city engineer or public works director.
…
H. Exempt Signs. The following signs shall be exempt from the requirements of this chapter:
1. …
10. Street light banner signs subject to review by the public works department and approval of an encroachment permit by the city engineer or public works director;
11. Seasonal signage displayed within the public right -of-way and subject to approval of an encroachment permit by the city engineer or public works director.
18.58.030 - Office, commercial and industrial design standards.
Design standards in this section establish minimum dimensions and guidelines for the design, construction and maintenance of off -street office, commercial and industrial parking facilities, as follows:
…
D. Paving. All parking areas, loading facilities and drive aisles shall be surfaced and maintained with asphaltic concrete, cement or other permanent impervious surfacing material which is approved by the community development department and is acceptable to the city engineer or public works director, and shall be maintained in good order. 466
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 27 -
E. Drainage. All parking and loading facilities shall be graded and provided with permanent stormwater drainage facilities which are approved by the community development department and are acceptable to the city engineer or public works director. …
L. Safety Features. Safety features in agreement with city standards shall be incorporated into the design of the parking facility, as follows:
1. Safety banners protective curbing, directional markers and signs, striping and other devices as deemed necessary by the city engineer or public works director shall be installed.
2. Internal circulation for vehicles and pedestrians shall be designed and maintained in agreement with accepted principles of traffic engineering and traffic safety. …
M. Parking Structures. Parking structures having two or more stories or levels shall be constructed in accordance with design standards which are approved by the community development director or planning commission, as applicable, and acceptable to the city engineer or public works director.
N. …
O. Loading Spaces.
3. Markings. A loading space shall be marked, striped, signed and otherwise designated for loading purposes as deemed necessary by the city engineer or public works director.
18.58.040 - Residential design standards.
The design standards in this section establish minimum dimensions and guidelines for off-street single-family and multiple-family residential parking as follows:
A. …
3. Driveway. The driveway to a garage shall have a minimum width of sixteen feet and shall have a minimum clearance of fourteen feet. Driveways shall have a maximum grade of twelve percent, or as approved by the city engineer or public works director. 467
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 28 -
B. …
C. General Residential Standards. Unless otherwise specified, the following standards shall apply in all residential zones:
6. …
e. …
v. The parking area for the commercial vehicle including the driveway providing ingress and egress to the parking area, shall be surfaced and maintained with asphaltic concrete, concrete or other impervious surfacing material as approved by the city engineer or public works director, and shall be maintained in good order thereafter. vi. …
vii. The exact route by which the commercial vehicle is permitted to travel between the residential lot and the nearest truck route will be prescribed as approved by the city engineer or public works director and planning commission. …
7. Paving. Requirements for paving in residential zones shall be as follows:
a. All driveways shall be surfaced and maintained with asphaltic concrete, concrete or other impervious surfacing material which is acceptable to the city engineer or public works director, and shall be maintained in good order thereafter. b. All parking areas, other than driveways, and used for the parking or storing of dismounted campers, camper shells, boats, trailers or similar recreational items, and open to public view, shall be surfa ced with a surfacing material which is acceptable to the city engineer or public works director, and shall be maintained in good order thereafter.
8. Drainage. All parking facilities shall be graded and provided with permanent stormwater drainage facilities w hich are acceptable to the city engineer or public works director.
18.59.030 - Design standards.
468
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 29 -
The following design standards shall be incorporated into the precise plan of design approval process for all new and revised nonresidential and multi-family developments of ten or more units, except as specifically provided below:
…
F. Provide transit improvements such as bus pullouts, bus pads and bus shelters for all new residential and nonresidential development along existing or planned transit routes. The need for and nature of such improvements to be defined by the city engineer or public works director in cooperation with Omnitrans.
…
K. Sidewalks shall be installed or widened when possible, as approved by the city engineer or public works director, to accommodate pedestrians
18.75.140 - Designation of the floodplain administrator.
The City engineer and/or the public works director are hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
18.78.040 - Definitions.
For the purpose of this chapter, the following specific words and terms shall have the following meanings. Other words and terms not specifically defined shall be defined in accordance with the city zoning ordinance.
A. …
G. "Development review committee (DRC)" means a committee composed of the director of development services, city engineer or public works director, police chief, fire chief and chief building official or their designated representatives with specif ied duties and responsibilities of reviewing and approving precise plans of design for development proposed within the city, pursuant to city council Resolution No. 2326.
18.100.080 - Development standards.
The following minimum development standards conta ined in this section shall apply to all proposed mobile home parks or subdivisions, unless specified in this section:
469
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 30 -
J. …
3. All roadways, both public and private shall be designed and constructed to the satisfaction of the city engineer or public works dire ctor (provided they are a registered Professional Engineer in California).
18.102.050 - General provisions.
B. Prohibited Signs. All signs not expressly permitted are prohibited in all zones, including, but not limited to, the following:
1. …
6. Signs within the public right-of-way, except where required by a governmental agency, or an encroachment permit has been obtained from the city engineer or public works director in accordance with Section 11.04.070 of this code; …
18.102.060 - Sign requirements.
Sign permits may be issued for signs that are permitted in this section, provided the signs are in compliance with all other applicable laws and ordinances.
A. Permitted Signs …
1. A noncommercial sign shall not be placed, posted or otherwise displayed within the public right -of-way or on any public property without an encroachment permit from the city engineer or public works director in accordance w ith the provisions of Section 11.04.070 of this code.
…
B. Permitted Signs—…
3. Permitted Signs—…
a. …
iv. Sign structures may be placed on private property with written consent of the property owner, or within the public right -of-way with issuance of an encroachment permit by the city engineer or public works director. Each sign structure shall be 470
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 31 -
located a mi nimum distance of twelve hundred feet from a similarly approved directory sign structure.
18.103.070 - Requirements for lawful operation —Conditional development permit—Physical premises.
A. …
1. …
2. All dismantling of vehicles, drainage of fluids, processing of vehicle parts, and storage of recyclable units or parts will be accumulated, stored or stacked so that no recyclable unit or part is touching a pervious ground surface, with the exception that whole bodies or parts of vehicles which have been drained of flui ds and other hazardous liquid materials may be stored on pervious ground surfaces. All such dismantling, processing and storage activities, other than the storage of whole bodies or parts of vehicles which have been drained of fluids and other hazardous li quid materials, shall be conducted upon an impervious surface of asphaltic concrete, asphalt, or other impervious surfacing material which is approved in advance by the city engineer or public works director. Such surfaces shall be effective in protecting soil and groundwater from contamination of spilled or drained fluids. Adequate drainage, including retention basins, may be required as determined by the city engineer or public works director.
18.108.040 - Criteria and standards for recycling facilities. …
B. Small collection facilities and bulk reverse vending machines:
11. The operator shall provide a quarterly report to the city engineer or public works director identifying the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939); …
D. Processing Facilities.
13. The operator shall provide a quarterly report to the city engineer or public works director (provided they are a registered Professional Engineer in California ) identifying 471
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 32 -
the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939)
18.111.040 - Standards for wireless telecommunication facilities.
Any facility shall be constructed, operated and maintained at all times in compliance with this chapter and all applicable laws and regulations of the city, county, state and federal government.
A. …
B. General Development Requirements. Any facility shall comply with all of the following requirements:
13. A facility may be subject to righ t of way improvements at the discretion of the city engineer or public works director.
18.112.050 - Development standards.
A. …
D. Parking and Access Standards.
1. …
2. All passenger vehicle parking lots, drive-aisles, and truck parking areas or truck courts shall be paved with asphalt or concrete, as required by the city engineer or public works director.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect 30 days after its passage by the City Council of the City of Rialto.
SECTION 4. SEVERABILITY
If any section, 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, then such decision shall not affect the validi ty of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that 472
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 33 -
one or more section, subsection , subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 5. CEQA DETERMINATION
The City Council finds and determines this ordinance is not a project within the meaning of section 15378 of the CEQA Guideli nes because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
SECTION 6. CERTIFICATION, PUBLICATION, AND EFFECTIVE DATE The City Clerk shall certify to the adoption of this ordinance and publish and post the ordinance in accordance with Government Code section 36933. This ordinance shall take effect 30 days after its date of adoption
PASSED, APPROVED AND ADOPTED at the regular meeting of Rialto City Council on the ____ day of _______, 2026.
________________________________
JOE BACA, Mayor
ATTEST:
________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
473
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2026.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2026.
___________________________________
BARBARA A. MCGEE, City Clerk
474
475
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
08047-0001 4912-9290-0531 v2
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RIALTO AMENDING MISCELLANEOUS SECTIONS
IN THE RIALTO MUNICIPAL CODE TO PROVIDE THE
DIRECTOR OF PUBLIC WORKS WITH THE SAME
AUTHORITY AS THE CITY ENGINEER
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council desires to amend the Municipal Code to allow the director of public works to have the same authority as the city engineer in all instances where such authority is permissible; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. AMENDMENTS TO RIALTO MUNICIPAL CODE
The following sections of the Rialto Municipal Code are hereby amended to read as follows:
2.42.060 - Master plan of streets and highways.
The master plan of streets and highways established by the city council and maintained in the office of the city engineer or public works director is incorporated by reference as set forth in detail in this code.
2.48.040 - Definitions of terms used in this chapter.
“Public Works Director” means the city’s public works director, or their designee.
2.48.190 - General procurement methods for public projects. 476
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 2 -
A. Method Determined by Cost Estimate. The procedure to be followed in awarding contracts for public projects is determined initially by the estimated cost as determined by the city engineer or public works director (provided they are a registered Professional Engineer in California).
2.48.200 - Purchasing process.
A. Bidding Thresholds. The process applicable for the procurement of public projects shall be established in accordance with the following bidding thresholds dependent upon the city engineer's estimated cost of the public project, as follows. The estimated cost of the public project may be prepared by the public works director, provided they are a registered Professional Engineer in California. …
2.48.210 - Informal public project bidding procedure.
…
A. Adoption of Plans and Specifications; Authorization to Bid. The city engineer or public works director (provided they are a registered Professional Engineer in California), or designee, is authorized to review and approve engineering plans for purposes of design immunity pursuant to Government Code Section 830.6 for all public projects with an estimated cost less than the amount identified by Public Contract Code Section 22032(b).
This shall include review and approval of the working details, drawings, plans and specifications prepared for the public project, including emergency and change order work, which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property.
2.48.250 - Field orders.
A. Policy.
1. …
2. Field orders shall be limited to minor adjustments to the scope of work directly related to the public project, and shall identify the description of the scope of work and the cost therefore, with such documentation justifying the price as deemed necessary by 477
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 3 -
the city engineer or public works director (provided they are a registered Professional Engineer in California).
3. The city engineer or public works director (provided they are a registered Professional Engineer in California) shall maintain an accounting of all field orders approved and the balance remaining in the allowance specified therefore in the bid. Approval of field orders shall not increase the maximum price of the bid for the public project, and a reduction of the bid shall be made through a change order when the total cumulative price of field orders approved by the city engineer or public works director (provided they are a registered Professional Engineer in California) is less than the total allowance therefore specified in the bid.
4. The specifications issued for the public project may contain further regulations regarding the use of field orders as may be deemed necessary by the city engineer or public works director.
B. Approval Authority. The city engineer or public works director (provided they are a registered Professional Engineer in California) shall have authority to approve field orders related to contracts for construction of public projects previously awarded by the city manager or city council, as the case may be, provided the specifications for the public project and the bid therefore incorporate an allowance for field orders that is included in the maximum price of the bid for the public project so awarded.
2.48.260 - Acceptance of public projects; notices of completion.
The city manager, or designee, upon a recommendation of the city engineer or public works director (provided they are a registered Professional Engineer in California), is authorized to accept the work completed by contractors associated with a public project on behalf of the city council, and is authorized to execute and cause to be recorded notices of completion where required or authorized by law. Upon acceptance of the work by the city manager or designee, the city clerk is authorized to release bonds and security instruments filed with the city associated with the public project as otherwise required in the specifications issued by the city for the public project.
478
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 4 -
3.33.030 - Definitions.
The definitions set forth in this section shall govern the construction of this chapter:
"Construction and credit agreement" means an agreement between the city and a developer that obligates the developer of a development project to construct a designated public facility, or portion thereof, and that entitles the developer to a credit toward the development project's obligation to pay development impact fees imposed hereunder in an amount not to exceed the cost to construct the public facility, or portion thereof, as determined by the building official, city engineer, or public works director based upon proof of the developer's actual construction costs.
3.33.100 - Fee credits.
A. If as a condition of approval of a development project or in accordance with a construction and credit agreement or development agreement, a developer constructs a public facility identified in a Nexus Report for which a development impact fee is imposed, then the developer shall be eligible to receive a fee credit toward the development impact fee imposed on the development project for the same type of public facility so constructed.
However, the fee credit toward any development impact fee will be granted to a developer only where: (1) the public facility is constructed in accordance with plans approved by the building official, city engineer, or public works director and for which a building permit has been issued, (2) the public facility is inspected and approved by the building official, city engineer, or public works director, (3) the developer and city enter into a construction and credit agreement or development agreement and (4) the developer submits a written request for credit toward a particular development impact fee together with evidence of the cost to construct the public facility to the building official, city engineer, or public works director no later than three months from the date of the inspection and approval of the public facility. The amount of the fee credit shall be determined, in the sole discretion, of the building official, the city engineer, or public works director based upon the evidence of the costs to construct the public facility. However, the amount of the fee credit shall not exceed the amount of the development impact fee imposed for the same type of 479
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 5 -
public facility as the one constructed by the developer. The developer shall not be entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the city council.
3.33.110 - Construction and credit agreements.
A. The city administrator may require a construction and credit agreement with a developer or may negotiate a construction and credit agreement requested by a developer, subject to city council approval, where the need to construct a particular public facility for which a development impact fee has been established is necessary or desirable prior to the construction of the development project. The construction and credit agreement shall describe the public facility to be constructed, the plans and specifications for its construction, the time of completion of the public facility, the permits and inspections required by the building official, or city engineer, or public works director and such other terms deemed necessary by the city administrator. Upon notice of completion of such facility by the developer, the building official, the city engineer, or public works director shall inspect the public facility and determine whether it conforms to the plans and specifications and building codes. From the date of written notice of acceptance of the public facility to the developer from the building official, city engineer or public works director, the developer may submit proof of its construction costs to the building official, city engineer, or public works director no later than three months from the date of the written notice of acceptance; and the developer's failure to submit such costs within said period shall constitute a waiver of the developer's right to seek a fee credit hereunder. The amount of the fee credit shall be determined, in the sole discretion, of the city building official, the city engineer, or public works director based upon the evidence of the costs to construct the public facility submitted by the developer. However, the amount of the fee credit shall not exceed the amount of the development impact fee imposed for the same type of public facility as that constructed by the developer. The developer shall not be 480
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 6 -
entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed.
3.33.120 - Appeal to city administrator.
A developer may appeal to the city administrator the decision of the building official, city engineer, or public works director about the amount of credit granted toward a developer's obligation to pay a development impact fee arising from the developer's construction of a public facility. The developer shall file its appeal by submitting a written statement to the city clerk within ten days of the date of written notice of the decision of the building official, city engineer, or public works director. The written appeal shall contain the developer's grounds for appeal. The developer's failure to raise any ground in the written appeal shall constitute a waiver of any ground not stated in the written appeal. Within fifteen days of the filing of a timely and substantive appeal, the city administrator shall set a hearing on the appeal no later than fifteen days from the date of the filing of the appeal with the city clerk. Within fifteen days following the completion of the hearing on the appeal, the city administrator shall issue a written decision on the appeal and mail it to the developer. The decision of the city administrator shall be final at the time it is mailed to the developer.
5.44.027 - System construction.
D. Any changes in or extensions of any poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to as "structures"), or the construction of any additional structures, in, upon, along, across, under or over the streets, alleys and public ways shall be made under the direction of grantor's city engineer or public works director (provided they are a registered Professional Engineer in California), or their designee, who shall, if the proposed change, extension or construction conforms to the provisions hereof, issue written permits therefor. The height above public thoroughfares of all aerial wires shall conform to the requirements of the California regulatory body having jurisdiction thereof.
9.02.010 - Prohibited.
481
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 7 -
It is unlawful for any person to break, destroy, deface, mar, change the appearance of, or move any permanent survey mark, post or pipe placed in any street or park space within the city by the city engineer or public works director (provided they are a registered Professional Engineer in California), upon which has been placed the following inscription: "City of Rialto, Survey Mark."
10.12.010 - Installation authority.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) has the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this title.
B. Whenever the Vehicle Code requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law the city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
C. The city engineer or public works director (provided they are a registered Professional Engineer in California) may also place and maintain or cause to place and maintain such additional traffic control devices as he/she deems necessary or proper to regulate traffic or to guide or warn traffic, but he/she shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this title or as may be determined by ordinance or resolution of the council.
10.12.030 - Signal installation.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) is directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. 482
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 8 -
B. The city engineer or public works director (provided they are a registered Professional Engineer in California) shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his/her determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Traffic Manual issued by the Division of Highways of the State Department of Public Works.
C. When the city engineer or public works director (provided they are a registered Professional Engineer in California) installs and maintains an official traffic signal at any intersection, he/she shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at any such intersection.
10.12.040 - Lane marking.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to mark centerlines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway.
10.12.050 - Distinctive roadway markings.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and marking have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code.
10.12.060 - Removal, relocation authority.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this title whenever he/she determines in 483
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 9 -
any particular case that the conditions which warranted or required the installation no longer exist or obtain.
10.12.070 - Hours of operation.
The city engineer, public works director, and chief of police determine the hours and days during which any traffic control device shall be in operation or in effect, except in those cases where such hours or days are specified in this title.
10.16.010 - Turner, multiple lane and intersection markers.
The city engineer or public works director(provided they are a registered Professional Engineer in California) is authorized to place official traffic control devices within or adjacent to intersections and indicating the course to be traveled by vehicles turning at such intersections, and the city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
10.16.020 - Restricted turn signs.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.
10.16.030 - Signal controlled intersections—Right turns.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) shall post appropriate signs giving effect to this section where he/she determines that the making of right turns against traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic.
10.20.010 - Posting authority.
484
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 10 -
Whenever any city ordinance or resolution designates any one-way street or alley, the city engineer or public works director (provided they are a registered Professional Engineer in California) shall place and maintain signs giving notice thereof, and no such regulations are effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
10.24.010 - Sign erection authority.
Whenever any city ordinance or resolution designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the city engineer or public works director (provided they are a registered Professional Engineer in California) shall erect and maintain stop signs as follows: …
10.28.030 - Maintenance of no stopping zones and no parking areas.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title.
10.28.040 - No parking areas.
No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:
C. In any area where the city engineer or public works director (provided they are a registered Professional Engineer in California) determines that the parking or stopping of a vehicle constitutes a traffic hazard or endangers life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface;
10.28.090 - Adjacent to schools.
485
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 11 -
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his/her opinion, interfere with traffic or create a hazardous situation.
10.28.100 - Narrow streets.
A. The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet.
10.28.120 - Property transporter.
A. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the city engineer or public works director which shall designate the specific location where such vehicle may stand.
B. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, or wagon on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the city engineer or public works director upon the filing of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation.
10.28.130 - Emergency parking signs.
A. Whenever the city engineer, public works director, or chief of police determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, the city engineer, public works director, or chief of police has power and authority to order temporary signs to be erected 486
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 12 -
or posted indicating that the operation, parking, or standing of vehicles is prohibited on such streets and alleys as the city engineer, public works director, or chief of police directs during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the city engineer, public works director, or chief of police shall cause such signs to be removed promptly thereafter.
10.28.140 - Twenty-four minute.
…
When authorized signs, parking meters or curb markings have been determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and is in place giving notice thereof no operator of any vehicle shall stop, stand or park the vehicle adjacent to any such legible curb marking or sign or parking meter in violation thereof.
10.28.150 - Forty minute.
When authorized signs, parking meters or curb markings have been determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between nine a.m. and six p.m. of any day except Sunday(s and holidays), for a period of time longer than forty minutes.
10.28.160 - One hour.
When authorized signs, parking meters or curb markings have been determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between nine a.m. and six p.m.. of any day except Sunday(s and holidays) for a period of time longer than one hour.
10.28.170 - Two hour.
When authorized signs, parking meters or curb markings are determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand, or 487
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 13 -
park the vehicle between nine a.m. and five p.m. of any day except Sunday(s and holidays) for a period of time longer than two hours.
10.28.180 - Parallel on one-way streets.
C. The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to determine when standing or parking is prohibited upon the left hand side of any one-way street or when standing or parking may be permitted upon the left hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.
10.28.190 - Space markings.
The city engineer or public works director is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. …
10.28.200 - No stopping zones.
The city engineer or public works director (provided they are a registered Professional Engineer in California) shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited. …
10.28.210 - Loading zone—Establishment authority.
A. The city engineer or public works director is authorized to determine and mark loading zones and passenger loading zones as follows: …
10.28.220 - Curb markings.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized, subject to the provisions and limitations of this title, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and the curb markings have the meanings as herein set forth:
D. When the city engineer or public works director (provided they are a registered Professional Engineer in California) as authorized under this title has caused curb 488
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 14 -
markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
10.28.270 - Coach zones.
A. The city engineer or public works director is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and determine the location thereof.
10.28.280 - Taxicab stands.
A. The city engineer or public works director shall establish taxicab stands and determine the locations thereof.
B. The curb surface within each taxicab stand shall be painted white and marked "taxicab stand" in red lettering, or designated by signs of a type and size approved by the city engineer or public works director.
10.32.040 - Regulation of speed by traffic signals.
The city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof.
10.36.040 - Riding or driving on sidewalk.
No person shall ride, drive, propel, or cause to be propelled any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that the sidewalk area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the city engineer or public works director. Such wooden planks shall not be permitted to remain upon the sidewalk area from six p.m. to six a.m.
10.36.060 - Obedience to barriers and signs.
No person, public utility or department in the city shall erect or place any barrier or sign on any street unless of a type approved by the city engineer or public works director or disobey the 489
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 15 -
instructions, remove, tamper with or destroy any banner or sign lawfully placed on any street by any person, public utility or by any department of this city.
10.36.080 - Intersection obstruction.
Whenever the city engineer or public works director finds that any hedge, shrubbery, or tree growing in a parkway obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, he/she shall cause the hedge, shrubbery or tree to be immediately removed or reduced in height.
10.40.010 - Routes.
A. Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of five tons, the city engineer or public works director (provided they are a registered Professional Engineer in California) is authorized to designate such street or streets by appropriate signs as "truck routes" for the movement of vehicles exceeding a maximum gross weight limit of five tons.
10.40.020 - Commercial vehicles prohibited on certain streets.
A. Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the city engineer or public works director (provided they are a registered Professional Engineer in California) shall erect and maintain appropriate signs on those streets affected by such ordinance.
10.41.010 - Definitions.
The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in the vehicle code, it shall have the meaning attributed to it in ordinary usage.
A. …
E. Public works director” means the city’s public works director.
10.41.010 - Definitions.
490
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 16 -
The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided, that if any such word or phrase is not defined in the vehicle code, it shall have the meaning attributed to it in ordinary usage.
F. “Public works director” means the public works director of the city or his/her representative.
10.41.024 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
10.48.010 - Permit required.
A. No person shall move or operate upon any of the city streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the city engineer or public works director.
B. The city engineer or public works director may, by written permit, authorize a load or loads in excess of those allowed for in the Vehicle Code, if, in his/her judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight, or if the applicant will guarantee to the city that all costs of repair to the streets or to the public property of the city damaged by the movement of such load or loads will be paid in full. Such permit shall be granted upon such conditions and upon depositing such bond as the city engineer or public works director in his/her discretion may require.
C. The applicant for such a permit shall pay a permit fee as established from time to time by city council resolution for a single trip or for an annual permit which will allow continuous operation.
10.52.010 - Crosswalk—Establishment.
A. The city engineer and public works director (provided they are a registered Professional Engineer in California) establishes, designates and maintains crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows:
491
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 17 -
B. Crosswalks shall be established and maintained at all intersections where the city engineer or public works director (provided they are a registered Professional Engineer in California) determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in subsection B.
C. …
D. The city engineer or public works director (provided they are a registered Professional Engineer in California) may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated.
11.04.010 - Definitions.
The following words and phrases, for the purpose of this chapter, mean as defined in this section:
F. "Construction permit" means written authorization from the city engineer or public works director for constructing, replacing or repairing sidewalks, curbs, gutters, cross-gutters, driveways, sewers, storm drains, manholes, catch basins, paving, grading, culverts and appurtenant work.
G. "Street opening permit" means written authorization from the city engineer or public works director for excavation within the street right-of-way for the installing, constructing, replacing or repairing of gas facilities, water facilities, telephone facilities, electrical facilities, community antenna facilities, street light facilities and appurtenant work.
H. "Utility pole permit" means written authorization from the city engineer or public works director for the installation, replacement or relocation of telephone poles, electrical poles, community antenna television poles, or street light poles and appurtenant work.
I. "Encroachment permit" means written authorization from the city for the installation, replacement or relocation of signs, awnings, decorative planter boxes or other facilities within the street right-of-way that are owned by private individuals or corporations including all appurtenant work.
J. “Public works director” means the public works director of the City of Rialto.
11.04.014 Public works director authority
492
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 18 -
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
11.05.010 - Defined.
An encroachment license agreement consists of a discretionary approval by the city council to allow installation of permanent structures or private utilities (the "encroachments") constructed within public right-of-way that require additional conditions imposed by the city council relative to their installation, operation and perpetual maintenance than is otherwise authorized by an encroachment permit administratively issued by the city engineer or public works director pursuant to Chapter 11.04. An encroachment license agreement shall be revocable for cause by the city council pursuant to the conditions, and subject to the notice, required by this Chapter 11.05.
11.05.014 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
11.12.020 Scope; Public works director authority
This chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.
If two or more provisions of this chapter, and any other applicable law are in conflict, that which provides the greater safety shall prevail.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
11.22.020 - Definitions.
“Public Works Director” means the city’s public works director, or his or her designee. "Substantial change" has the same meaning as "substantial change" as defined by the FCC at 47 C.F.R. 1.61001(b)(7). Notwithstanding the definition above, if an existing pole- mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such 493
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 19 -
modification may be deemed a non-substantial change, in the discretion of the city engineer or public works director and based upon his/her reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project, the city engineer or public works director may allow for a ground mounted cabinet. A modification or collocation results is a "substantial change" to the physical dimensions of an eligible support structure if it does any of the following: …
11.22.024 Public works director authority
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
12.04.020 - Installation—Permit required.
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any water line or appurtenances thereto without first obtaining a written permit from the city engineer or public works director (provided they are a registered Professional Engineer in California).
12.08.014 Public works director authority.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
12.16.010 – Definitions.
F. “Public works director” means the city’s public works director, or their designee.
12.16.014 Public works director authority.
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
12.32.030 - Definition of terms.
The following terms are defined for the purposes of this chapter: … “Public works director” means the city’s public works director or their designee.
12.32.090 - Existing potable water customers.
494
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 20 -
C. In making such determination, the city engineer or public works director (provided they are a registered Professional Engineer in California), in consultations with the prospective recycled water customer(s), shall consider, but not be limited to, the following factors:
F. At the time of commencing the work, the property owner shall furnish the city engineer or public works director (provided they are a registered Professional Engineer in California) a schedule showing the time frame of when the conversion work will be completed. The city engineer or public works director may grant an extension of time for the preparation of studies, environmental review or other good reason.
12.32.100 - Failure to commence use of recycled water.
The city engineer or public works director (provided they are a registered Professional Engineer in California) shall identify and give notice to all persons, firms, and corporations which have failed to commence the use of recycled water obligated under the general rule, and determine the reasons for such persons, firms, or corporations for failing to take recycled water, after being offered the opportunity.
12.32.110 - Procedures for instituting mandatory service.
The city of Rialto may initiate proceedings to institute mandatory service to a person, firm or corporation as follows:
A. The potential recycled water customer shall be notified in writing why the city engineer or public works director (provided they are a registered Professional Engineer in California) has determined it is feasible to convert to recycled water service; initiating a thirty-day period for filing protests or requesting a waiver.
B. After the thirty-day protests and waivers period has expired, findings shall be made, and the city engineer or public works director (provided they are a registered Professional Engineer in California) shall request of the city council and Rialto utility authority to conduct a joint hearing to find the conditions for mandatory use exist.
12.60.030 Definitions.
“Public works director” means the city’s public works director or their designee.
12.60.034 – Public works director authority.
495
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 21 -
Any authority provided to the city engineer in this chapter shall also apply to the public works director, if the director is a registered Professional Engineer in California.
15.52.020 - City engineer and public works director's duty.
It is the duty of the city engineer and public works director to designate the respective starting points for numbers to be placed on, and also the respective numbers for, buildings and entrances fronting on streets, and to give written notice to the owner, occupant, lessee, tenant or subtenant of such building or entrance. The street and building numbers shall comply with the requirements of the California Fire Code as adopted and amended by this jurisdiction in RMC Chapter 15.28.
17.18.060 - Filing and processing.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Chapter
17.16 of this code for a tentative map, except as hereinafter provided:
B. …
1. … to and approved by the city engineer or public works director (provided they are a registered Professional Engineer in California);
5. A precise grading plan in conformance with the PPD-approved site plan for the proposed residential development shall be submitted to and approved by the city engineer or public works director (provided they are a registered Professional Engineer in California);
6. A preliminary soils report, and geological study if required, shall be submitted to the city engineer or public works director (provided they are a registered Professional Engineer in California);
7. An engineered hydrology and hydraulics report shall be submitted to and approved by the city engineer or public works director (provided they are a registered Professional Engineer in California);
8. All above requirements shall be met prior to the filing of a vesting tentative map.
17.20.080 - Improvements required.
496
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 22 -
C. If such improvement work is not completed satisfactorily before the final map is approved, the owner or owners of the subdivision shall, prior to approval of the final map, enter as contractor into an agreement with the city council whereby, in consideration of the acceptance by the city council of the streets and easements offered for dedication, to complete the work within the time specified in the agreement. To assure the city that this work will be completed, a bond shall be furnished guaranteeing the faithful performance of the work in the sum equal to the cost as estimated by the city engineer or public works director. Ninety percent of this bond may be furnished by a qualified surety company, except in cases where a cash deposit is required by the city council. Ten percent of the bond amount must be cash or a letter of credit payable upon demand of the city. This money may be used as directed by the city administrator or a person designated by him/her to pay the cost of maintaining barricades, correcting street hazards or repairing any street irrigation line or other utility causing a hazard, nuisance or inconvenience to the public.
17.20.110 - Installation of landscaping and irrigation systems—Assessment districts.
No certificate of occupancy shall be issued for a lot abutting upon a parkway in an assessment district until all the required landscaping and irrigation systems have been installed. Such installation may be in phases as determined by the city engineer or public works director.
17.24.010 - Required.
A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the director of development services (or the city engineer or public works director) for every subdivision.
17.24.030 - Soils investigation required when.
If the department of development services (or the city engineer or public works director) has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of development services (or the city engineer or public works director). Such soils investigation shall be done by a 497
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 23 -
civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
17.24.030 - Soils investigation required when.
If the department of development services (or the city engineer or public works director) has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of development services (or the city engineer or public works director). Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
17.32.020 - Interior monuments.
Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city council security guaranteeing the payment of the cost of setting such monuments. Said sufficient security shall be determined by the city engineer or public works director (provided they are a registered Professional Engineer in California) with the concurrence of the director of development services.
17.44.010 - Design standards.
…
In reviewing tentative subdivision maps, the planning commission will require:
A. Dedications of land for streets, alleys, floodways and easements for:
1. …
4. Easements:
a. For flood channels at such widths as the county flood control officer, city engineer, or public works director may indicate,
17.46.080 - Mergers initiated by application.
498
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 24 -
This section implements the procedures and prescribes the standards for owner-initiated merger and un-merger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20.2 through 66400.20.3, as may be amended from time to time.
A. …
B. By application of all owners of record, filed with the city engineer or public works director, contiguous parcels under common ownership may be merged without reverting to acreage. To allow the merger, the city engineer or public works director, in consultation with the community development director or designee, must find that:
1. All parcels to be merged are contiguous, adjacent or may be consolidated into a single parcel;
2. All parcels to be merged are under identical ownership; and
3. The resulting parcel is consistent with the city's general plan, any applicable specific plan, and any other applicable provision of this code.
C. Upon approval of the merger by the city engineer or public works director, the city engineer or public works director shall file with the county recorder an instrument evidencing the merger.
D. Appeal. A determination of the city engineer or public works director to approve or deny the application may be appealed by an interested party to the city manager, or his or her designee ("city manager"), by filing a written notice of appeal within ten calendar days from the date of the city engineer or public works director's decision. The city manager, at his or her discretion, may request a hearing on the matter, or may decide the matter based on the record and written appeal. The city manager shall review the matter de novo, and shall issue a decision within forty-five days of receipt of the written appeal. The city manager's decision shall be final.
17.50.020 - Definitions.
Whenever in this chapter the words or phrases defined hereinafter in this section are used, they have the meanings assigned to them in the following definitions:
499
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 25 -
"Estimated construction cost" means the estimated cost of construction as outlined in the engineering report and approved by the city engineer or public works director.
17.50.030 - Procedure.
A. …
B. Application. A property owner/financing party requesting a reimbursement agreement shall submit an application on a form provided by the city and shall provide information as required by the community development director, city engineer, or public works director, including the area of the proposed benefit area. The city shall prepare a reimbursement agreement in conformance with the requirements of Section 17.50.040.
The applicant shall also submit a deposit to cover the city's estimated administrative costs to review, process, and approve the reimbursement agreement.
C. Review. The community development director, city engineer, or public works director will review and recommend that the city council either approve, approve with modification, or reject the proposed reimbursement agreement, in accordance with the procedures set forth in Section 17.50.050.
17.50.040 - Contents of the reimbursement agreement.
A reimbursement agreement shall include, but is not limited to, the following provisions:
A. …
B. A detailed plat drawn at an engineering scale approved by the city engineer or public works director showing each property included within the benefit area and a list of each property by county assessor parcel number, as well as the precise location of all public improvements;
17.50.050 - Notice and hearing.
…
D. After the public hearing, the city council may, by resolution, approve, approve with modifications, or deny a reimbursement agreement. Before granting approval, the city council shall make each of these findings:
500
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 26 -
1. The improvements for which reimbursement is sought is a public improvement which will, upon completion, be dedicated to and accepted by the city, if constructed to the applicable standard set by the city engineer or public works director;
17.50.060 - Payment by benefited property owner.
A. …
B. The contribution charge applies only: (1) after the reimbursement agreement is recorded; (2) during the period a reimbursement agreement is in effect; and (3) if the city engineer or public works director determines that the land use approval involves the scope and type of development contemplated by the reimbursement agreement.
18.47.080 - Site development standards.
…
D. Circulation. All internal roads and all access roads to the proposed facility shall be constructed or improved to city standards as approved by the public works department.
18.49.050 - Sign requirements.
G. Temporary Advertising Signs. …
3. Street light banner signage may be permitted subject to review and approval by the public works department and approval of an encroachment permit by the city engineer or public works director.
…
H. Exempt Signs. The following signs shall be exempt from the requirements of this chapter:
1. …
10. Street light banner signs subject to review by the public works department and approval of an encroachment permit by the city engineer or public works director;
11. Seasonal signage displayed within the public right-of-way and subject to approval of an encroachment permit by the city engineer or public works director.
18.58.030 - Office, commercial and industrial design standards. 501
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 27 -
Design standards in this section establish minimum dimensions and guidelines for the design, construction and maintenance of off-street office, commercial and industrial parking facilities, as follows:
…
D. Paving. All parking areas, loading facilities and drive aisles shall be surfaced and maintained with asphaltic concrete, cement or other permanent impervious surfacing material which is approved by the community development department and is acceptable to the city engineer or public works director, and shall be maintained in good order.
E. Drainage. All parking and loading facilities shall be graded and provided with permanent stormwater drainage facilities which are approved by the community development department and are acceptable to the city engineer or public works director. …
L. Safety Features. Safety features in agreement with city standards shall be incorporated into the design of the parking facility, as follows:
1. Safety banners protective curbing, directional markers and signs, striping and other devices as deemed necessary by the city engineer or public works director shall be installed.
2. Internal circulation for vehicles and pedestrians shall be designed and maintained in agreement with accepted principles of traffic engineering and traffic safety. …
M. Parking Structures. Parking structures having two or more stories or levels shall be constructed in accordance with design standards which are approved by the community development director or planning commission, as applicable, and acceptable to the city engineer or public works director.
N. …
O. Loading Spaces.
502
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 28 -
3. Markings. A loading space shall be marked, striped, signed and otherwise designated for loading purposes as deemed necessary by the city engineer or public works director.
18.58.040 - Residential design standards.
The design standards in this section establish minimum dimensions and guidelines for off-street single-family and multiple-family residential parking as follows:
A. …
3. Driveway. The driveway to a garage shall have a minimum width of sixteen feet and shall have a minimum clearance of fourteen feet. Driveways shall have a maximum grade of twelve percent, or as approved by the city engineer or public works director.
B. …
C. General Residential Standards. Unless otherwise specified, the following standards shall apply in all residential zones:
6. …
e. …
v. The parking area for the commercial vehicle including the driveway providing ingress and egress to the parking area, shall be surfaced and maintained with asphaltic concrete, concrete or other impervious surfacing material as approved by the city engineer or public works director, and shall be maintained in good order thereafter.
vi. …
vii. The exact route by which the commercial vehicle is permitted to travel between the residential lot and the nearest truck route will be prescribed as approved by the city engineer or public works director and planning commission.
…
503
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 29 -
7. Paving. Requirements for paving in residential zones shall be as follows:
a. All driveways shall be surfaced and maintained with asphaltic concrete, concrete or other impervious surfacing material which is acceptable to the city engineer or public works director, and shall be maintained in good order thereafter.
b. All parking areas, other than driveways, and used for the parking or storing of dismounted campers, camper shells, boats, trailers or similar recreational items, and open to public view, shall be surfaced with a surfacing material which is acceptable to the city engineer or public works director, and shall be maintained in good order thereafter.
8. Drainage. All parking facilities shall be graded and provided with permanent stormwater drainage facilities which are acceptable to the city engineer or public works director.
18.59.030 - Design standards.
The following design standards shall be incorporated into the precise plan of design approval process for all new and revised nonresidential and multi-family developments of ten or more units, except as specifically provided below:
…
F. Provide transit improvements such as bus pullouts, bus pads and bus shelters for all new residential and nonresidential development along existing or planned transit routes. The need for and nature of such improvements to be defined by the city engineer or public works director in cooperation with Omnitrans.
…
K. Sidewalks shall be installed or widened when possible, as approved by the city engineer or public works director, to accommodate pedestrians
18.75.140 - Designation of the floodplain administrator. 504
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 30 -
The City engineer and/or the public works director are hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.
18.78.040 - Definitions.
For the purpose of this chapter, the following specific words and terms shall have the following meanings. Other words and terms not specifically defined shall be defined in accordance with the city zoning ordinance.
A. …
G. "Development review committee (DRC)" means a committee composed of the director of development services, city engineer or public works director, police chief, fire chief and chief building official or their designated representatives with specified duties and responsibilities of reviewing and approving precise plans of design for development proposed within the city, pursuant to city council Resolution No. 2326.
18.100.080 - Development standards.
The following minimum development standards contained in this section shall apply to all proposed mobile home parks or subdivisions, unless specified in this section:
J. …
3. All roadways, both public and private shall be designed and constructed to the satisfaction of the city engineer or public works director (provided they are a registered Professional Engineer in California).
18.102.050 - General provisions.
B. Prohibited Signs. All signs not expressly permitted are prohibited in all zones, including, but not limited to, the following:
1. …
6. Signs within the public right-of-way, except where required by a governmental agency, or an encroachment permit has been obtained from the city engineer or public works director in accordance with Section 11.04.070 of this code; …
505
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 31 -
18.102.060 - Sign requirements.
Sign permits may be issued for signs that are permitted in this section, provided the signs are in compliance with all other applicable laws and ordinances.
A. Permitted Signs …
1. A noncommercial sign shall not be placed, posted or otherwise displayed within the public right-of-way or on any public property without an encroachment permit from the city engineer or public works director in accordance with the provisions of Section 11.04.070 of this code.
…
B. Permitted Signs—…
3. Permitted Signs—…
a. …
iv. Sign structures may be placed on private property with written consent of the property owner, or within the public right-of-way with issuance of an encroachment permit by the city engineer or public works director. Each sign structure shall be located a minimum distance of twelve hundred feet from a similarly approved directory sign structure.
18.103.070 - Requirements for lawful operation—Conditional development permit— Physical premises.
A. …
1. …
2. All dismantling of vehicles, drainage of fluids, processing of vehicle parts, and storage of recyclable units or parts will be accumulated, stored or stacked so that no recyclable unit or part is touching a pervious ground surface, with the exception that whole bodies or parts of vehicles which have been drained of fluids and other hazardous liquid materials may be stored on pervious ground surfaces. All such dismantling, processing and storage activities, other than the storage of whole 506
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 32 -
bodies or parts of vehicles which have been drained of fluids and other hazardous liquid materials, shall be conducted upon an impervious surface of asphaltic concrete, asphalt, or other impervious surfacing material which is approved in advance by the city engineer or public works director. Such surfaces shall be effective in protecting soil and groundwater from contamination of spilled or drained fluids. Adequate drainage, including retention basins, may be required as determined by the city engineer or public works director.
18.108.040 - Criteria and standards for recycling facilities. …
B. Small collection facilities and bulk reverse vending machines:
11. The operator shall provide a quarterly report to the city engineer or public works director identifying the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939);
…
D. Processing Facilities.
13. The operator shall provide a quarterly report to the city engineer or public works director (provided they are a registered Professional Engineer in California) identifying the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939)
18.111.040 - Standards for wireless telecommunication facilities.
Any facility shall be constructed, operated and maintained at all times in compliance with this chapter and all applicable laws and regulations of the city, county, state and federal government.
A. …
507
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 33 -
B. General Development Requirements. Any facility shall comply with all of the following requirements:
13. A facility may be subject to right of way improvements at the discretion of the city engineer or public works director.
18.112.050 - Development standards.
A. …
D. Parking and Access Standards.
1. …
2. All passenger vehicle parking lots, drive-aisles, and truck parking areas or truck courts shall be paved with asphalt or concrete, as required by the city engineer or public works director.
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect 30 days after its passage by the City Council of the City of Rialto.
SECTION 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decis ion of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 5. CEQA DETERMINATION
The City Council finds and determines this ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 508
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 34 -
15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
SECTION 6. CERTIFICATION, PUBLICATION, AND EFFECTIVE DATE The City Clerk shall certify to the adoption of this ordinance and publish and post the ordinance in accordance with Government Code section 36933. This ordinance shall take effect 30 days after its date of adoption
PASSED, APPROVED AND ADOPTED at the regular meeting of Rialto City Council on the ____ day of _______, 2026.
________________________________
JOE BACA, Mayor
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
509
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2026.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2026.
____________________________________
Barbara A. McGee, City Clerk
510
511
4938-5586-2965 v1 1
Sections Amended by Ordinance No. ___
Ordinance: An Ordinance Amending Miscellaneous Sections in the Rialto Municipal Code to Provide the Director of Public Works with the Same Authority as the City Engineer
Summary of Change: Unless otherwise noted below, each amended section adds or public works director (with the condition that the Director holds a California Professional Engineer license, where applicable) to grant the Director of Public Works co-equal authority with the City Engineer.
Title 2 — Administration
Chapter 2.42 — Public Works Department
Section Section Name Description of Change
2.42.060 Master plan of streets and
highways
Adds or public works director to reference for
office maintaining the master plan
Chapter 2.48 — Purchasing
Section Section Name Description of Change
2.48.040 Definitions Adds definition of Public Works Director
2.48.190 General procurement
methods for public
projects
Adds public works director (with PE
requirement) as authority for determining
estimated cost of public projects
2.48.200 Purchasing process Adds public works director (with PE requirement) as authority for preparing
estimated cost used to set bidding thresholds
2.48.210 Informal public project
bidding procedure
Adds public works director (with PE
requirement) as authority to review/approve
engineering plans, and which may effect
design immunity under Gov. Code Section
830.6
2.48.250 Field orders Adds public works director (with PE requirement) as authority to approve field
orders, maintain field order accounting, and
approve related change orders
2.48.260 Acceptance of public
projects; notices of
completion
Adds public works director (with PE
requirement) as authority whose
recommendation supports acceptance of
completed public project work
512
4938-5586-2965 v1 2
Title 3 — Revenue and Finance
Chapter 3.33 — Development Impact Fees
Section Section Name Description of Change
3.33.030 Definitions Adds public works director to definition of approval authority for construction and credit
agreement for determining construction costs
3.33.100 Fee credits Adds public works director as authority for plan approval, facility inspection, and
determining fee credit amounts
3.33.110 Construction and credit
agreements
Adds public works director as authority for
permits, inspections, acceptance, and cost
determinations under credit agreements
3.33.120 Appeal to city
administrator
Adds public works director as official whose
credit decisions may be appealed
Title 5 — Business Licenses and Regulations
Chapter 5.44 — Cable Systems Regulations
Section Section Name Description of Change
5.44.027 System construction Adds public works director (with PE requirement) as authority directing
changes/extensions to cable system
structures in public ways and issuing permits
Title 9 — Public Peace, Morals and Welfare
Chapter 9.02 — Interference with Survey Mark
Section Section Name Description of Change
9.02.010 Prohibited Adds public works director (with PE requirement) as authority placing survey
marks that protected from destruction or
defacement by the code
Title 10 — Vehicles and Traffic
Chapter 10.12 — Traffic Control Devices
Section Section Name Description of Change
10.12.010 Installation authority Adds public works director (with PE requirement) as authority to place/maintain
traffic control devices (subsections A, B, and
C)
513
4938-5586-2965 v1 3
Section Section Name Description of Change
10.12.030 Signal installation Adds public works director (with PE requirement) as authority to install/maintain
traffic signals, conduct field investigations,
and erect street name signs (subsections A,
B, and C)
10.12.040 Lane marking Adds public works director (with PE requirement) as authority to mark centerlines
and lane lines
10.12.050 Distinctive roadway
markings
Adds public works director (with PE
requirement) as authority to place/maintain
distinctive roadway markings
10.12.060 Removal, relocation
authority
Adds public works director (with PE
requirement) as authority to remove, relocate,
or discontinue traffic control devices
10.12.070 Hours of operation Adds public works director as authority (alongside city engineer and chief of police) to
determine hours/days of traffic control device
operation
Chapter 10.16 — Turning Movements
Section Section Name Description of Change
10.16.010 Turner, multiple lane and
intersection markers
Adds public works director (with PE
requirement) as authority to place intersection
traffic control devices and designate turn
lanes
10.16.020 Restricted turn signs Adds public works director (with PE requirement) as authority to determine and
sign restricted-turn intersections
10.16.030 Signal controlled
intersections — Right
turns
Adds public works director (with PE
requirement) as authority to post signs
restricting right turns at signal-controlled
intersections
Chapter 10.20 — One-Way Streets and Alleys
Section Section Name Description of Change
10.20.010 Posting authority Adds public works director (with PE requirement) as authority to place/maintain
one-way street signs
Chapter 10.24 — Special Stops
Section Section Name Description of Change
10.24.010 Sign erection authority Adds public works director (with PE requirement) as authority to erect/maintain
stop signs on through streets and at railroad
grade crossings
514
4938-5586-2965 v1 4
Chapter 10.28 — Parking
Section Section Name Description of Change
10.28.030 Maintenance of no
stopping zones and no
parking areas
Adds public works director (with PE
requirement) as authority to maintain no
stopping/no parking signage and curb
markings
10.28.040 No parking areas Adds public works director (with PE requirement) as authority to determine traffic
hazard parking restrictions (subsection C)
10.28.090 Adjacent to schools Adds public works director (with PE requirement) as authority to erect no-parking
signs near schools
10.28.100 Narrow streets Adds public works director (with PE requirement) as authority to place no-parking
signs/markings on narrow streets
10.28.120 Property transporter Adds public works director as authority to issue/revoke permits for parking property
transport vehicles on streets
10.28.130 Emergency parking signs Adds public works director as authority (alongside city engineer and chief of police) to
order temporary emergency parking
restrictions
10.28.140 Twenty-four minute Adds public works director (with PE requirement) as authority to determine
necessity of time-limit parking signage/meters
10.28.150 Forty minute Adds public works director (with PE requirement) as authority to determine
necessity of 40-minute parking restrictions
10.28.160 One hour Adds public works director (with PE
requirement) as authority to determine
necessity of 1-hour parking restrictions
10.28.170 Two hour Adds public works director (with PE
requirement) as authority to determine
necessity of 2-hour parking restrictions
10.28.180 Parallel on one-way
streets
Adds public works director (with PE
requirement) as authority to regulate parking
on one-way streets (subsection C)
10.28.190 Space markings Adds public works director as authority to install/maintain parking space markings
10.28.200 No stopping zones Adds public works director (with PE requirement) as authority to designate and
sign no stopping zones
10.28.210 Loading zone —
Establishment authority
Adds public works director as authority to
determine and mark loading zones and
passenger loading zones
10.28.220 Curb markings Adds public works director (with PE requirement) as authority to place/maintain
curb markings indicating parking regulations
(subsection D)
515
4938-5586-2965 v1 5
Section Section Name Description of Change
10.28.270 Coach zones Adds public works director as authority to establish bus zones
10.28.280 Taxicab stands Adds public works director as authority to establish taxicab stands and approve stand
signage
Chapter 10.32 — Speed Limits
Section Section Name Description of Change
10.32.040 Regulation of speed by
traffic signals
Adds public works director (with PE
requirement) as authority to regulate traffic
signal timing for speed management
Chapter 10.36 — Miscellaneous Regulations
Section Section Name Description of Change
10.36.040 Riding or driving on
sidewalk
Adds public works director as authority to
grant written permission for temporary vehicle
crossing of sidewalks
10.36.060 Obedience to barriers and
signs
Adds public works director as authority to
approve barrier/sign types placed on streets
10.36.080 Intersection obstruction Adds public works director as authority to remove obstructing vegetation at intersections
Chapter 10.40 — Truck Routes
Section Section Name Description of Change
10.40.010 Routes Adds public works director (with PE
requirement) as authority to designate truck
routes
10.40.020 Commercial vehicles
prohibited on certain
streets
Adds public works director (with PE
requirement) as authority to erect/maintain
signs prohibiting commercial vehicles
Chapter 10.41 — Interstate Trucks
Section Section Name Description of Change
10.41.010 Definitions Adds new definitions of Public works director (subsections E and F)
10.41.024 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Chapter 10.48 — Heavy Vehicles and Equipment
Section Section Name Description of Change
10.48.010 Permit required Adds public works director as authority to issue overweight load permits and set permit
conditions/bonds
516
4938-5586-2965 v1 6
Chapter 10.52 — Pedestrians
Section Section Name Description of Change
10.52.010 Crosswalk —
Establishment
Adds public works director (with PE
requirement) as authority to
establish/maintain crosswalks and post
pedestrian crossing restrictions (subsections
A, B, and D)
Title 11 — Streets and Sidewalks
Chapter 11.04 — Improvements
Section Section Name Description of Change
11.04.010 Definitions Adds public works director to definitions of “construction permit,” street opening permit,
and utility pole permit; adds new definition of
Public works director (subsections F, G, H,
and J)
11.04.014 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Chapter 11.05 — Encroachment License Agreements
Section Section Name Description of Change
11.05.010 Defined Adds public works director to reference for administrative issuance of encroachment
permits
11.05.014 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Chapter 11.12 — Excavation and Fills
Section Section Name Description of Change
11.12.020 Scope; Public works
director authority
Adds new provision granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Chapter 11.22 — Wireless Telecommunications Facilities in the Public Right-of-Way
Section Section Name Description of Change
11.22.020 Definitions Adds new definition of Public Works Director; adds public works director as authority for
substantial-change determinations and
cabinet modifications
517
4938-5586-2965 v1 7
Section Section Name Description of Change
11.22.024 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Title 12 — Utilities
Chapter 12.04 — Water System
Section Section Name Description of Change
12.04.020 Installation — Permit
required
Adds public works director (with PE
requirement) as authority to issue water line
permits
Chapter 12.08 — Sewer System
Section Section Name Description of Change
12.08.014 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Chapter 12.16 — Underground Utility Districts
Section Section Name Description of Change
12.16.010 Definitions Adds new definition of Public works director
12.16.014 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Chapter 12.32 — Public Utilities
Section Section Name Description of Change
12.32.030 Definition of terms Adds new definition of Public works director
12.32.090 Existing potable water
customers
Adds public works director (with PE
requirement) as authority for recycled water
conversion determinations, schedules, and
extensions (subsections C and F)
12.32.100 Failure to commence use
of recycled water
Adds public works director (with PE
requirement) as authority to identify and notify
persons failing to use recycled water
12.32.110 Procedures for instituting
mandatory service
Adds public works director (with PE
requirement) as authority for feasibility
determinations and hearing requests for
mandatory recycled water service
(subsections A and B)
518
4938-5586-2965 v1 8
Chapter 12.60 — Municipal Separate Sewer System (MS4)
Section Section Name Description of Change
12.60.030 Definitions Adds new definition of Public works director
12.60.034 Public works director
authority
New section granting the public works
director (with PE requirement) the same
authority as the city engineer throughout the
chapter
Title 15 — Buildings and Construction
Chapter 15.52 — House Numbering
Section Section Name Description of Change
15.52.020 City engineer and public
works director’s duty
Retitled to include and public works director;
adds public works director as co-equal
authority for designating building/street
numbers
Title 17 — Subdivisions
Chapter 17.18 — Vesting Tentative Maps
Section Section Name Description of Change
17.18.060 Filing and processing Adds public works director (with PE requirement) as authority for approval of
improvement plans, grading plans, soils
reports, and hydrology reports (subsection B,
items 1, 5, 6, and 7)
Chapter 17.20 — Dedications and Improvements
Section Section Name Description of Change
17.20.080 Improvements required Adds public works director as authority for estimating performance bond amounts
(subsection C)
17.20.110 Installation of landscaping
and irrigation systems —
Assessment districts
Adds public works director as authority to
determine phasing of landscaping/irrigation
installation
Chapter 17.24 — Soils Reports
Section Section Name Description of Change
17.24.010 Required Adds public works director as authority to receive preliminary soils reports for
subdivisions
17.24.030 Soils investigation
required when
Adds public works director as authority to
require soils investigations for expansive or
problem soils
519
4938-5586-2965 v1 9
Chapter 17.32 — Monuments
Section Section Name Description of Change
17.32.020 Interior monuments Adds public works director (with PE requirement) as authority to determine
security for monument-setting costs
Chapter 17.44 — Design Standards
Section Section Name Description of Change
17.44.010 Design standards Adds public works director as authority to set flood channel easement widths (subsection
A.4.a)
Chapter 17.46 — Merger of Parcels
Section Section Name Description of Change
17.46.080 Mergers initiated by
application
Adds public works director as authority to
receive merger applications, approve
mergers, file instruments with county
recorder, and issue appealable
determinations (subsections B, C, and D)
Chapter 17.50 — Reimbursement for Public Improvements
Section Section Name Description of Change
17.50.020 Definitions Adds public works director as authority for approving estimated construction costs
17.50.030 Procedure Adds public works director as authority for application review and city council
recommendations (subsections B and C)
17.50.040 Contents of the
reimbursement
agreement
Adds public works director as authority for
approving engineering-scale plats (subsection
B)
17.50.050 Notice and hearing Adds public works director as authority for setting applicable construction standards
(subsection D.1)
17.50.060 Payment by benefited
property owner
Adds public works director as authority for
determining applicability of contribution
charges (subsection B)
Title 18 — Zoning
Chapter 18.47 — Hazardous Waste Overlay Zone
Section Section Name Description of Change
18.47.080 Site development
standards
Changes city engineering division to public
works department for road
construction/improvement approvals
(subsection D)
520
4938-5586-2965 v1 10
Chapter 18.49 — Downtown Revitalization Overlay Zone
Section Section Name Description of Change
18.49.050 Sign requirements Adds public works director as authority for encroachment permit approval for street light
banner signage and seasonal signage
(subsections G.3, H.10, and H.11)
Chapter 18.58 — Off-Street Parking
Section Section Name Description of Change
18.58.030 Office, commercial and
industrial design
standards
Adds public works director as authority for
approving paving materials, drainage
facilities, safety features, parking structures,
and loading space markings (subsections D,
E, L.1, M, and O.3)
18.58.040 Residential design
standards
Adds public works director as authority for
driveway grade approvals, commercial vehicle
parking surface approvals, route approvals,
driveway paving, recreational vehicle parking
surfaces, and drainage facilities (subsections
A.3, C.6.e.v, C.6.e.vii, C.7.a, C.7.b, and C.8)
Chapter 18.59 — Transportation Control Measures (TCM)
Section Section Name Description of Change
18.59.030 Design standards Adds public works director as authority for defining transit improvements and approving
sidewalk installations (subsections F and K)
Chapter 18.75 — Floodplain Management Ordinance
Section Section Name Description of Change
18.75.140 Designation of the
floodplain administrator
Adds public works director as co-equal
floodplain administrator alongside city
engineer
Chapter 18.78 — Specific Plans
Section Section Name Description of Change
18.78.040 Definitions Adds or public works director to definition of Development Review Committee membership
(subsection G)
Chapter 18.100 — Mobile Home Development (MHD) Zone
Section Section Name Description of Change
18.100.080 Development standards Adds public works director (with PE requirement) as authority for roadway
design/construction approval (subsection J.3)
521
4938-5586-2965 v1 11
Chapter 18.102 — Regulation of Signs and Advertising Structures Section Section Name Description of Change
18.102.050 General provisions Adds public works director as authority for encroachment permits for signs in public right-
of-way (subsection B.6)
18.102.060 Sign requirements Adds public works director as authority for encroachment permits for noncommercial and
directory signs in public right-of-way
(subsections A.1 and B.3.a.iv)
Chapter 18.103 — Vehicle Wrecking, Storage and Dismantling Section Section Name Description of Change
18.103.070 Requirements for lawful
operation
Adds public works director as authority for
approving impervious surfaces and
drainage/retention requirements at
dismantling facilities (subsection A.2)
Chapter 18.108 — Regulation of Recycling Facilities
Section Section Name Description of Change
18.108.040 Criteria and standards for
recycling facilities
Adds public works director as authority to
receive quarterly recycling reports from small
collection facilities and processing facilities
(subsections B.11 and D.13)
Chapter 18.111 — Wireless Telecommunications Facilities Section Section Name Description of Change
18.111.040 Standards for wireless
telecommunication
facilities
Adds public works director as authority for
requiring right-of-way improvements
(subsection B.13)
Chapter 18.112 — Indoor Storage Uses
Section Section Name Description of Change
18.112.050 Development standards Adds public works director as authority for paving requirements for parking lots, drive-
aisles, and truck courts (subsection D.2)
522
City of Rialto
Legislation Text
File #: 26-0386, Version: 1, Agenda #: TAB8
For City Council Meeting June 23, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Christopher P. Jensen, Fire Chief
Request City Council to: (1) Approve a Purchase Order with Life-Assist for the Procurement of Medical Supplies and Equipment in an Annual Amount of $125,000 for four years with a one year extension; (2) Authorize the use of a Cooperative Master Purchasing Agreement via National Purchasing Partners (NPPGov), Contract No. PS25830; and (3) Authorize the City Manager, or Designee, to Execute all Necessary Documents Related to the Agreement. (ACTION)
RECOMMENDATION
Staff recommends that the City Council:
1. Approve a purchase order with Life-Assist, Inc. for the procurement of medical supplies and equipment in the annual amount of $125,000 for a not-to-exceed $625,000 for four years, with 1 one-year extension for a total of five years.
2. Authorize continued use of the cooperative purchasing agreement through its expiration date of November 19, 2030.
3. Approve participation in the NPPGov Master Price Agreement, Contract No. PS25830, and authorize the City Manager or designee to execute all necessary documents.
BACKGROUND
A significant number of Rialto Fire Department emergency calls for service involve the delivery of prehospital medical care. As part of the Department’s first responder and ambulance transport emergency medical services program, the Department purchases a wide variety of medical supplies, medications, and equipment to support ongoing field operations.
Staff has worked with Life-Assist, Inc. for many years and has been consistently satisfied with the quality of products, customer service, rapid shipping, and responsiveness to inventory issues that routinely arise on weekends and after business hours. Life-Assist also maintains a return policy that the Department finds to be convenient and fair.
An updated procurement contract is required at this time. To facilitate this process, the City Purchasing Division has recommended utilizing the National Purchasing Partners (NPPGov) cooperative purchasing agreement to maximize cost savings and procurement efficiency.
City of Rialto Printed on 6/18/2026Page 1 of 3
powered by Legistar™
523
File #: 26-0386, Version: 1, Agenda #: TAB8
ANALYSIS/DISCUSSION
The City of Rialto Fire Department requests continued authorization to procure necessary medical supplies and equipment through Life-Assist under a cooperative purchasing agreement. The benefits of utilizing this cooperative purchasing program include reduced costs through bulk purchasing power and access to pre-established, competitively solicited pricing.
The updated League of Oregon Cities (LOC) Master Price Agreement, Contract No. PS25830, was executed in November 2025 and provides competitively solicited pricing for medical products, monitors, software, data transmission, and related services through National Purchasing Partners (NPPGov). The agreement allows participating governmental agencies to utilize the established pricing and procurement structure through November 19, 2030.
The agreement includes discounted pricing on medical supplies, pharmaceuticals, cardiac monitors, life support equipment, training products, and related EMS operational supplies utilized by the Fire Department. The cooperative purchasing structure meets the requirements outlined in Rialto Municipal Code Section 2.48.210, as confirmed by the Fire Chief and City Attorney.
The Fire Department is requesting authorization to continue utilizing Life-Assist for the procurement of medical supplies and equipment in the annual amount of $125,000 not-to-exceed $625,000 for the complete five-year term, to support ongoing EMS operations and emergency response readiness.
ENVIRONMENTAL IMPACT
The proposed action is exempt from the California Environmental Quality Act (CEQA) because it does not meet the definition of a “project”under CEQA Guidelines Section 15378. The purchase of medical supplies and EMS equipment constitutes an administrative activity involving the acquisition of supplies and equipment and does not result in a direct or reasonably foreseeable indirect physical change in the environment. Pursuant to Section 15378(b)(2), continuing administrative or maintenance activities, including the purchase of supplies and equipment, are not considered projects under CEQA. Additionally, Section 15378(b)(5) excludes organizational and administrative activities of governments that will not result in direct environmental impacts. As the acquisition of medical supplies does not involve construction, land use changes, or any commitment to a physical environmental modification, no further CEQA review is required.
GENERAL PLAN CONSISTENCY
Our City government will lead by example, and will operate in an open, transparent and responsive manner that meets the needs of the citizens and is a good place to do business. This action is also consistent with the following General Plan goal:
5-3.1: Provide for fire personnel, equipment and fire stations to have adequate and appropriate resources to meet the needs and serve all areas of Rialto.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
FINANCIAL IMPACTS
Operating Budget Impact
Funding in the amount of $125,000 has been included in the Fire Department’s FY 2026-27 City of Rialto Printed on 6/18/2026Page 2 of 3
powered by Legistar™
524
File #: 26-0386, Version: 1, Agenda #: TAB8
Funding in the amount of $125,000 has been included in the Fire Department’s FY 2026-27 Operating Budget, Account No. 10105175-52021, for the annual purchase of medical supplies and equipment.
Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.
Licensing
This action does not require a business license.
ATTACHMENTS
1. NPPGov Master Price Agreement, Contract No. PS2583
2. Life-Assist Quote / Pricing Documentation
City of Rialto Printed on 6/18/2026Page 3 of 3
powered by Legistar™
525
Contract Number: PS25830
LEAGUE OF OREGON CITIES
MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the dat e of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and Life-Assist, Inc. (“Vendor”).
RECITALS
WHEREAS, the Vendor is in the bu siness of selling certain Medical Products, Monitors, Software, Data Transmission, and Related Services, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purc haser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and
WHEREAS, through a solicitation for Medical Products, Monitors, Software, Data Transmission, and Related Services the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2535 for Medical Products, Monitors, Software, Data Transmission, and Related Services; and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and
WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;
NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:
ARTICLE 1 – CERTAIN DEFINITIONS
1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-G attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2535 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).
1.2 “Applicable Law(s)” shall mean all applicable federal, state, tribal, and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.
1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state, tribal or local law.
1.4 “Purchaser’s Destination” shall mean such de livery location(s) or destination(s) as Purchaser may prescribe from time to time.
(-+$"''.!%()!
526
Contract Number: PS25830
2 1.5 “Products and Services” shall mean the prod ucts and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.
1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.
1.7 “Unemployment Insurance” shall mean the contri bution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.
1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.
The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.
1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.
1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.
1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.
ARTICLE 2 – AGREEMENT TO SELL
2.1 Vendor hereby agrees to sell to Purchaser su ch Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.
2.2 Vendor may add additional products and service s to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.
Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.
2.3 All Purchase Orders issued by Purchaser to Vend or for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements.
(-+$"''.!%()!
527
Contract Number: PS25830
3 2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.
2.5 In case of any conflict or inconsistency betw een any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;
2.6 Extension of contract terms to Participating Agencies:
2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists.
Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.
2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Ag encies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with al l local, tribal, and state solicitation requirements.
2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number VA25830, with NPPGov, pursuant to the terms of the RFP.
2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.
See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.
ARTICLE 3 – TERM AND TERMINATION
3.1 The initial contract term sha ll be for four (4) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original four (4) year term, this Agreement shall automatically extend for a one (1) year period; (“Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.
(-+$"''.!%()!
528
Contract Number: PS25830
4 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.
ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY
4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.
Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.
4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.
4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.
Attachment A or Vendor’s Proposal (Attachment E) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.
4.4 Except as specifically set forth on Attachments A and G, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).
4.5 Price reductions or discount increases may be of fered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.
4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, E, and G herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.
4.7 Unless otherwise directed by Purchaser for ex pedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.
4.8 Vendor shall have the risk of loss of or dama ge to any Products until delivery to Purchaser.
Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.
ARTICLE 5 – INSURANCE
5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts (-+$"''.!%()!
529
Contract Number: PS25830
5 generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.
5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
5.3 Vendor shall carry Workers’ Compensation in surance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.
5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.
5.5 Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Purchaser and other additional insureds for losses paid under the insurance policies required by this Agreement. The waiver must apply to all deductibles and/or self-insured retentions applicable to the necessary insurance that the Vendor maintains.
ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS
6.1 Vendor agrees that it shall indemnify, defe nd and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as (-+$"''.!%()!
530
Contract Number: PS25830
6 limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.
6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS
OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.
ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.
ARTICLE 8 - INSPECTION AND REJECTION
8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.
8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.
8.3 The provisions of this Article shall survive th e expiration or termination of this Agreement.
ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.
ARTICLE 10 - COMPLIANCE WITH LAWS
(-+$"''.!%()!
531
Contract Number: PS25830
7 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.
10.2 Purchaser has taken all required government al action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.
10.3 When a Participating Agency procures Products and Services under this Agreement using United States federal funds, including but not limited to federal grants or FEMA funding, the procurement shall be subject to the terms and conditions set forth in Attachment D – Requirements for Procurements Utilizing Federal Funds and Grants, which is incorporated herein by reference. The Vendor shall comply with all applicable federal laws, regulations, and requirements outlined in Attachment D, including but not limited to those specified in 2 C.F.R. § 200, as amended, and any additional stipulations based on the source of funding. All references to “federal” in this section and Attachment D pertain exclusively to the United States federal government.
10.4 When a Participating Agency accesses Vendor ’s Products and Services with United States federal funds, Vendor shall comply with the provisions set forth in Attachment D – Provisions for Non-United States Federal Entity Procurements Under United States Federal Awards or Other Awards, which is incorporated herein by reference.
ARTICLE 11 – PUBLICITY / CONFIDENTIALITY
11.1 No news releases, public announcements, ad vertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.
11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.
ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.
ARTICLE 13 - REMEDIES
(-+$"''.!%()!
532
Contract Number: PS25830
8 Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:
If to Lead Contracting Agency:
LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Kevin Toon
Email: [email protected]
If to Vendor:
Life-Assist, Inc
11277 Sunrise Park Drive
Rancho Cordova, CA 95742
ATTN: Andy Selby
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.
ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, (-+$"''.!%()!
533
Contract Number: PS25830
9 deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.
ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.
ARTICLE 19 - SURVIVABILITY/PARTICIPATING AGENCY DISCRETIONARY EXTENSION
Provided the laws of the jurisdiction of the Participating Agency permit survivability of the contract term through a mutually agreed upon extension of the agreement between the Participating Agency and the Vendor beyond the term of the publicly awarded Agreement, to be determined and confirmed by the Participating Agency at its sole discretion, all applicable agreements and warranties that were entered into between Vendor and the Participating Agency under the terms and conditions of the Agreement shall survive the expiration or termination of the Agreement if mutually agreed upon between the Vendor and the Participating Agency. All purchase orders issued and accepted by Vendor shall survive expiration or termination of the Agreement for the term of the purchase order or subscription, unless the Participating Agency terminates the purchase order sooner. However, regardless of the term of the purchase order or subscription, no purchase order shall survive the expiration or termination of the Agreement unless the Participating Agency makes an express finding and justification for the longer term as mutually agreed upon by the Participating Agency and Vendor.
The finding and justification must either be included in the purchase order or referenced in the purchase order and maintained in the Participating Agency’s procurement record. Contract maintenance and adjustments contemplated after the maturity date of the Lead Public Agency cooperative procurement contract, and prior to the expiration date of the Purchase Order or subscription, shall be individually negotiated directly between the awarded Vendor and the Participating Agency identified in that Purchase Order or subscription. Rights and obligations under this Agreement which by their nature should survive, including, but not limited to, the administrative fee provided in the Vendor Administrative Agreement and any and all payment obligations invoiced prior to the termination or expiration hereof, obligations of confidentiality, and indemnification will remain in effect after termination or expiration hereof.
ARTICLE 20 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.
ARTICLE 21 - INCORPORATION; ENTIRE AGREEMENT
(-+$"''.!%()!
534
Contract Number: PS25830
10 21.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.
21.2 This Agreement (inclu ding Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.
ARTICLE 22 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.
ARTICLE 23 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.
ARTICLE 24 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.
[Signature page to follow]
(-+$"''.!%()!
535
Contract Number: PS25830
11 ARTICLE 25 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties ha ve executed this Agreement as of the day and year last written below.
PURCHASER:
Signature: ____________ ________________________
Printed Name:
Title: ____________________________________________
LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:
Signature: ______________________________
Printed Name:
Title: _____________________________
LIFE-ASSIST, INC
Dated: ____________________________
(-+$"''.!%()!
**$!
(( /(*,#
(',*
,+
'
"!*
(.!&
!*
1
,*$$
-%.$#$%%
(.!&
!*
1
0!-,$.!$*!,(*
536
Contract Number: PS25830
12 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION,
AND RELATED SERVICES
Product Category Percentage (%) off
List Price
MEDICAL PRODUCTS AND SUPPLIES 31%
PHARMACEUTICLAS 31%
MEDICAL MONITORS, DEFIBRILLATORS, AND DIAGNOSTICS 31%
MEDICAL LIFE SUPPORT EQUIPMENT 31%
TRAINING, SIMULATION, AND CERTIFICATION 15%
OTHER
- CAPITAL EQUIPMENT
- OPERATIONS
15%
EXCLUDES ITEMS ON SALE
Vendor pays freight for all standard ground shipments in the Continental US. Alaska and Hawaii shipments are sent via Priority Mail or UPS 2nd Day Air, and freight is added to the invoice. Vendor will only charge the actual freight amount that we are charged; it will never be marked up in price.
Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.
Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, may be updated from time to time. [A current list may be obtained from Vendor.]
(-+$"''.!%()!
537
Contract Number: PS25830
13 ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.
(-+$"''.!%()!
538
Contract Number: PS25830
14 ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.
PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.
Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.
(-+$"''.!%()!
539
Contract Number: PS25830
15 ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.
REQUIREMENTS FOR PROCUREMENTS UTILIZING FEDERAL FUNDS AND GRANTS
Summary of Key Provisions for Participating Agencies Utilizing U.S. Federal Funds Participating Agencies acquiring goods or services through this contract using United States federal grants or FEMA funding are subject to specific requirements, including those outlined in 2 C.F.R. § 200.
Additional stipulations may apply based on the source of funding. For reference, “federal” pertains exclusively to the United States federal government.
The following provisions are applicable solely when a Participating Agency procures Vendor equipment, products, or services with United States federal funds:
A. Equal Employment Opportunity
Contracts classified as “federally assisted construction contracts” under 41 C.F.R. § 60-1.3 must incorporate the Equal Opportunity clause pursuant to 41 C.F.R. § 60-1.4(b), ensuring compliance with Executive Order 11246 (as amended) and relevant Department of Labor regulations. This provision is included by reference.
B. Davis-Bacon Act, as Amended (40 U.S.C. § 3141-3148)
Prime construction contracts exceeding $2,000 require adherence to the Davis-Bacon Act and related Department of Labor regulations (29 C.F.R. § 5). Contractors must pay at least the prevailing wage determined by the Secretary of Labor, with weekly payments mandated. Each solicitation must feature the current wage determination, and any violations must be reported to the awarding agency.
Compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145; 29 C.F.R. § 3) is also required.
C. Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701-3708) Contracts exceeding $100,000 involving mechanics or laborers must comply with 40 U.S.C. §§ 3702 and 3704, and 29 C.F.R. § 5. Wages must reflect a standard 40-hour work week, with overtime compensated at no less than one and a half times the basic rate. Workers must not be subjected to hazardous or unsafe conditions. These rules exclude supply purchases and transportation contracts.
The Vendor confirms compliance throughout the contract duration.
D. Rights to Inventions Made Under a Contract or Agreement If the federal award qualifies as a “funding agreement” per 37 C.F.R. § 401.2(a), recipients contracting with small businesses or nonprofit organizations for research must observe 37 C.F.R. § 401 and associated regulations.
E. Clean Air Act and Federal Water Pollution Control Act For contracts and subgrants exceeding $150,000, full compliance with the Clean Air Act (42 U.S.C. § 7401–7671Q) and Federal Water Pollution Control Act (33 U.S.C. § 1251–1387) is mandatory. Any violations should be reported to both the awarding agency and the EPA. Vendors certify their compliance.
(-+$"''.!%()!
540
Contract Number: PS25830
16 F. Debarment and Suspension (Executive Orders 12549 and 12689) No contract shall be awarded to entities listed in the System for Award Management (SAM) exclusions under 2 C.F.R. § 180 and Executive Orders 12549 and 12689. Vendors confirm they are neither debarred nor excluded by any federal agency.
G. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352)
Vendors must submit requisite certifications and refrain from utilizing federal funds to influence government officials in relation to contracts, grants, or awards. All lobbying with non-federal funds must be disclosed and communicated across all tiers. Vendors agree to adhere strictly to the Byrd Anti- Lobbying Amendment.
H. Record Retention Requirements
Vendors shall retain records in accordance with 2 C.F.R. § 200.333 for three years beyond final report submission and until all matters have been resolved.
I. Energy Policy and Conservation Act Compliance
Where relevant, Vendors must comply with mandatory energy efficiency standards detailed in the state energy conservation plan under the Energy Policy and Conservation Act.
J. Buy American Provisions Compliance
When applicable, Vendors must comply with the Buy American Act and ensure purchases adhere to procurement rules that require free and open competition.
K. Access to Records (2 C.F.R. § 200.336)
Vendors grant authorized representatives of federal agencies access to pertinent books, documents, papers, and records for audits, examinations, excerpts, and transcriptions, as well as personnel interviews relating to such records.
L. Procurement of Recovered Materials (2 C.F.R. § 200.322) Non-federal entities that are state agencies or political subdivisions and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. This includes procuring items designated in EPA guidelines (40 C.F.R. § 247) containing the highest practical percentage of recovered materials, maximizing energy and resource recovery for solid waste management, and establishing affirmative procurement programs for recovered materials as specified by EPA.
Entities utilizing United States federal grant or FEMA funds for procurement may be subject to further requirements, including those under 2 C.F.R. § 200, with all references to “federal” denoting the United States federal government.
Entities using U.S. federal grant or FEMA funds for procurement may be subject to additional requirements under 2 C.F.R. § 200. All references to “federal” are specific to the United States federal government.
(-+$"''.!%()!
541
Contract Number: PS25830
17 ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.
Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is inco rporated by reference herein.)
(-+$"''.!%()!
542
Contract Number: PS25830
18 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.
Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)
(-+$"''.!%()!
543
Contract Number: PS25830
19 ATTACHMENT G
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
TERMS AND CONDITIONS
===============================
WARRANTIES AND LIABILITY LIMITS
===============================
Warranties are limited to those offered by the manufacturer. Life-Assist, Inc. gives no express or implied warranties on any items shown in its catalog, price list, or otherwise offered for sale and shall not be responsible for the proper use and servicing of goods purchased nor does the company give any express or implied warranty that goods purchased are merchantable or fit for a particular purpose. Life- Assist, Inc. shall not be liable for special or consequential damage or injury to person or property which results from the use of these products. All products sold by Life-Assist, Inc. are intended for use by trained medical personnel.
========
SHIPPING
========
Free Standard Shipping within the contiguous U.S. on orders over $100! Orders under $100 will be charged a $14.50 shipping and handling fee. All other orders are shipped FOB origin and freight charges will be applied at time of shipment.
It is our service policy to ship orders the same day we receive them, providing the order is placed by 4:00 pm Monday through Friday. Most orders are shipped by UPS ground complete within 24 hours (M- F). If, by chance, an item is backordered, it will be shipped to you immediately upon our receipt.
Refrigerated items are only shipped Monday – Wednesday and will arrive in 1 – 2 days. Destinations outside of the 2-day shipping zone must be shipped 2nd Day Air and the air freight charges will apply.
Refrigerated items cannot be returned.
Freight charges will be applied to special orders, overweight orders, oversized products, and requested rush deliveries.
=======
RETURNS
=======
If a product does not meet your specifications, you may return the item in its original and unaltered* packaging, in resalable condition, within 45 days. Prior to returning any purchase, please contact Customer Care at (800) 824-6016 or email [email protected] to obtain a return authorization number.
*Please note, we are unable to provide credit for items where packaging has been altered (i.e., marked with permanent marker or internal agency labels affixed).
Returned merchandise must be sent freight prepaid and be received in new, resalable condition.
To expedite the process, please have your shipping or invoice document available for reference. (-+$"''.!%()!
544
Contract Number: PS25830
20 Items returned within 45 days of shipment will not be subject to a restocking fee. Items returned 46 days or more will be subject to a 15% restocking fee ($25.00 minimum) plus freight.
Non-returnable items include:
Pharmaceutical products
Custom / special order items
Refrigerated products
Items listed as non-returnable
Short dated or expired products
Items not in original packaging
Some goods, such as refrigerated items, special order items, short dated product and/or items more than 90 days old, etc., are not be eligible for credit. Products shipped directly from vendor partners require a vendor return authorization and are subject to the vendor’s return policy and any applicable fees. If we make an error in filling or shipping your order, we will promptly rectify the mistake at no cost to you.
Please note: Issuance of a Return Authorization Number is required and does not guarantee credit.
Credit will be issued only after the product is received, inspected, and confirmed to meet our return requirements.
If a damaged shipment is received, please note the extent of the damage to the carrier at the time of delivery. Keep all boxes and packaging materials and immediately contact Customer Care at (800) 824- 6016 or email [email protected].
Damage claims must be made within 5 days of receipt of merchandise.
======
CREDIT
======
Municipalities, fire and police departments, recognized volunteer organizations, government agencies and related: may purchase on terms of Net 30 days from shipping date without prior arrangement.
Please fax or mail your first order on agency letterhead.
Commercial businesses: may apply for open account status by submitting a completed Life-Assist, Inc.
Credit Application Form.
Resellers may request price quotations online only. Rx items are not available for resale.
Overdue accounts: will be assessed a 1 1/2% monthly (18% year) charge. Payment on account will be credited upon receipt at Life-Assist’s office in Rancho Cordova, California. Delinquent accounts will be referred for collection. Purchaser will be liable for all costs of collection on overdue accounts, plus reasonable attorney’s fees. A $20 service charge will be assessed on all returned checks.
©2003-2025 Life-Assist, Inc. All Rights Reserved. No part of this website may be reproduced in whole or part without expressed written permission by Life-Assist, Inc.
(-+$"''.!%()!
545
Item No UoM List Price Contract Description
AA599 cs-50 65.00 45.0000 Guedel Airway, Red, 100mm
AB330 bx-10 55.00 25.7000 Robertazzi Nasopharyngeal Airway, 30 fr.
AB43954 bx-10 59.50 41.1000 Robertazzi Nasopharyngeal Airway, 24 fr.
AB43956 bx-10 59.50 41.1000 Robertazzi Nasopharyngeal Airway, 26 fr.
AC170 bx-25 218.75 84.5000 Laerdal THOMAS ET Tube Holder, Adult AC8703 cs-6 262.20 180.9000 Intersurgical i-gel Supraglottic Airway,Resus Pack, Small Adult,Size 3 AC8704 cs-6 262.20 180.9000 Intersurgical i-gel Supraglottic Airway,O2 Resus Pack,Med Adult,Size 4 AC8705 cs-6 262.20 180.9000 Intersurgical i-gel Supraglottic Airway,Resus Pack,Large Adult,Size 5 AE23470 bx-10 44.50 30.7000 MedSource Endotracheal/Stylette, CUFFED, 7.0 AE23475 bx-10 44.50 30.7000 MedSource Endotracheal/Stylette, CUFFED, 7.5 AE23480 bx-10 44.50 30.7000 MedSource Endotracheal/Stylette, CUFFED, 8.0 AE780 bx-10 95.00 42.4000 FLEXI-SET Endotracheal/Stylette, CUFFED, 8.0 AL10 cs-1000 130.00 89.7000 PVP Iodine Prep Pads
AL1007 cs-4000 85.00 38.8000 Cardinal Health Alcohol Prep Pad, 2 ply, Medium AL353A cs-12 153.00 54.9600 SANI-HANDS ALC Hand Wipe (Tub of 135) AL525 cs-12 131.40 66.0000 SUPER SANI-CLOTH Wipe, Large, TUB of 160 Wipes AL75 bx-50 13.50 6.3000 Povidone-Iodine Swabstick
AM62 pk-1 5.55 3.0300 Ammonia Inhalant, Towelettes (Pack of 10) AT0056 ea-1 15.99 11.0300 ARS for Needle Decompression, 14 GA x 3.25" AT0298 ea-1 24.95 15.9300 ARS for Needle Decompression, 10 GA x 3.25" AT98 ea-1 279.99 193.1900 QUICKTRACH Emergency Cricothyrotomy Device, 2.0mm, Pedi AT99 ea-1 279.99 154.0000 QUICKTRACH Emergency Cricothyrotomy Device, 4.0mm, Adult BA0636 bx-10 159.50 110.1000 QuikClot EMS 4"x 4" Dressing BA1030 cs-25 71.25 24.5000 DUKAL Trauma Dressing, 10" x 30", Sterile BA3640 cs-96 129.60 89.2800 DUKAL Fluff Bandage Roll, 3.5", Sterile BA3645 cs-100 205.00 121.0000 DUKAL Fluff Bandage Roll, 4.5", Sterile BA415 bx-50 97.50 45.0000 Xeroform Petrolatum Gauze Dressing w/ 3% Bismuth, 5" x 9" BA44119 cs-3600 324.00 223.5600 CURITY Adhesive Bandage, Sheer Strips, 1" x 3" BA8042 cs-1500 231.00 159.4500 CURITY All-Purpose Sponge, 2" x 2", Sterile (pks/2) BA8044 cs-600 162.00 114.0000 CURITY All-Purpose Sponge, 4" x 4", Sterile (pks/2) BE2 bx-36 132.84 86.7600 3M COBAN Self-Adherent Wrap, 2" BJ2275 ea-1 3.49 2.4100 Lubricating Jelly, 4 oz. Flip Top Tube BJ8999 bx-144 20.16 9.5000 Lubricating Jelly, 2.7g Foil Pack BS06 cs-30 149.70 94.8000 Taylor Poly Tissue Emergency Blanket 56" x 90" - Yellow (Indv Wrapped) BS800 cs-10 389.50 180.0000 Graham MegaMover, White, 1000lbs, 40" x 80" BT2032 ea-1 5.95 4.1100 Lithium Coin 3 Volt Battery
CXACE cs-30 307.50 123.0000 Ambu Perfit ACE Extrication Collar CXMINI cs-30 307.50 123.0000 Ambu Perfit Mini ACE Extrication Collar DI9850 cs-24 37.20 17.5200 Instant Cold Pack (non-toxic), 6" x 8" DR0064-00EA ea-1 17.50 6.0500 Magnesium Sulfate 5gm/10mL (500mg/1mL) Vial DR0064-11 bx-25 166.00 95.5000 Magnesium Sulfate 5gm/10mL (500mg/1mL) Vial DR0210-01 ea-1 285.00 190.0400 Nitroglycerin Lingual Spray, 0.4mg/Spray, 4.9gm, 60 Sprays DR0301-67 bx-10 375.00 258.8000 Adenosine 6 mg/2mL (3mg/1mL) Luer-Lock Syringe DR0301-68 bx-10 565.00 389.9000 Adenosine 12 mg/4mL (3mg/1mL) Luer-Lock Syringe DR0318-02 bx-10 135.00 42.9000 Adenosine 6 mg/2mL (3mg/mL) Vial DR0318-04 bx-10 210.00 144.9000 Adenosine 12 mg/4mL (3mg/1mL) Vial DR0326-09 bx-48 240.00 165.6000 Nitro-Bid Ointment 2%, 1 gm packs DR0376-25 bx-25 64.50 32.5000 Diphenhydramine 50mg/1mL (50mg/1mL) Vial DR0376-25EA ea-1 13.50 3.7700 Diphenhydramine 50mg/1mL (50mg/1mL) Vial DR0418-82 bx-10 499.00 344.3000 Tranexamic Acid (TXA) 0.7% Sodium Chloride 1gm/100mL (10mg/1mL) IV Bag DR0436-01 bt-1 76.00 52.4400 Nitroglycerin Tablets, 0.4mg/Tablet (Bottle of 100) DR0593-03 ea-1 399.00 275.3100 Glucagon w/Diluent, 1 mg, 1 ml VIALS DR0696-25 pk-25 715.00 493.2500 Epinephrine 1:1000 1mg/1mL (1mg/1mL) Vial DR1754-10 bx-10 825.00 551.2000 Magnesium Sulfate 5gm/10mL (500mg/1mL) ANSYR Syringe DR2051-05 bx-10 413.92 196.6000 Ketamine 500mg/5mL (100mg/1mL) Vial DR2157-14 pk-30 43.50 15.3000 Ondansetron 4mg/1pill Oral Dissolving Tabs, Blister Pack DR2308-11 bx-10 74.40 22.0000 Midazolam 5mg/1mL (5mg/1mL) Vial DR3065-46 cs-16 480.00 252.0000 BD PosiFlush Saline Syringe 10mL/syringe (Pack 30) 546
DR3304-00 bx-10 192.50 115.9000 Calcium Chloride 10%, 1 gm/10mL (100mg/1mL) Luer-Jet Syringe DR3304-01EA ea-1 27.50 13.9000 Calcium Chloride 10%, 1 gm/10mL (100mg/1mL) Luer-Jet Syringe DR3318-01 bx-10 272.50 150.0000 Epinephrine 1:10,000 1 mg/10 ml (0.1mg/1mL) Luer-Jet Syringe DR3318-01EA ea-1 35.50 20.4700 Epinephrine 1:10,000 1 mg/10 ml (0.1mg/1mL) Luer-Jet Syringe DR3352-00 bx-10 393.50 239.0000 Sodium Bicarb, 8.4%, 50mEq/50 ml (1mEq/1mL) Luer-Jet Syringe DR3352-01EA ea-1 47.25 26.5600 Sodium Bicarb, 8.4%, 50mEq/50 ml (1mEq/1mL) Luer-Jet Syringe DR3369-00 bx-10 575.50 350.0000 Naloxone 2mg/2mL (1mg/1mL) Luer-Jet Syringe DR3369-00EA ea-1 68.50 40.0000 Naloxone 2mg/2mL (1mg/1mL) Luer-Jet Syringe DR3390-00 bx-10 159.95 104.0000 Lidocaine 2% 100mg/5mL (20mg/1mL) Luer-Jet Syringe DR3390-01EA ea-1 24.50 15.0500 Lidocaine 2% 100mg/5mL (20mg/1mL) Luer-Jet Syringe DR5850-00 ea-1 499.00 344.3100 Glucagon 1mg/1mL (1mg/mL) Vial and Syringe EMERGENCY KIT DR6027-26 bx-25 239.12 99.2500 Fentanyl, 100mcg/2mL (50mcg/1mL) Vial DR6061-25 bx-25 147.28 101.5000 Midazolam, 5mg/ml 1mL Vial DR6063-25 bx-25 150.00 103.5000 Midazolam 10mg/2mL (5mg/1mL) Vial DR6078-25 bx-25 69.50 21.5000 Ondansetron 4mg/2mL (2mg/1mL) SDV DR6130-05 bx-25 71.50 19.7500 Ondansetron 4mg/2mL (2mg/1mL) SDV DR70201-01 bx-30 55.50 38.4000 Albuterol/Ipratropium, 2.5-0.5mg/3ml, Indiv Wrap DR7809-22 cs-18 545.04 282.2400 Dopamine in D5W, 400mg/250mL (1600mcg/mL) IV Bag DR9094-22 bx-25 509.20 178.2500 Fentanyl, 100mcg/2mL (50mcg/1mL) Vial DR9386-10 cs-10 325.00 224.3000 Acetaminophen, 1,000mg/100mL (10mg/1mL), Premix Bag DR9501-02 bx-30 24.50 15.3000 Albuterol 2.5 mg/3mL (0.83MG/1Ml), Individually Wrapped Vials DR9501-26 bx-25 18.95 8.7500 Albuterol 2.5mg/3mL (0.83MG/1Ml) Vial DR9594-20 cs-24 280.56 174.9600 Lidocaine in D5W 1gm/250ml (4mg/1mL) IV Bag DR9801-02 bx-30 36.50 20.4000 Ipratropium Bromide 0.5mg/2.5mL (0.2mg/1mL), Vial DR9801-26 bx-25 45.50 9.0000 Ipratropium Bromide 0.5mg/2.5mL (0.2mg/1mL), Vial EL0402-01 cs-8 1,164.00 803.2000 Zoll CPR Stat-padz, Defib Electrodes w/Real CPR Help, Adult EL0810-01 ea-1 223.00 153.8700 Zoll Pedi-padz II Defib Electrodes, Pediatric EL101ZOLL bx-20 173.00 52.8000 EKG Paper, Zoll Series Fanfold Paper EL1410Z bx-10 899.90 396.2000 MEDI-TRACE DEFIB Electrodes, Zoll Connector, Adult EL1850C cs-20 359.00 193.0000 CONMED Positrace® RTL Electrode w/Solid Gel (Pack Of 50) EL18593 pk-5 45.00 14.5000 EKG Paper, Zoll X Series Paper with Grid EL2277P cs-5 690.00 273.3000 Medi-Trace Cadence Defib Defib Electrode, Zoll, Pediatric FB1550EMS ea-1 559.00 329.1800 Pelican EMS Equipment Case #1550EMS, Orange FS32-BLU ea-1 359.50 248.0600 Ultra SofBox Plus Trauma Bag, Blue FS80-BLU ea-1 61.50 42.4400 Conterra DELUXE ORGANIZER Bag, Blue FS85-BLU ea-1 465.00 299.8000 IDX ULTRA BREATHSAVER Bag, Blue GU0244-50 bx-1 148.50 98.0100 ONETOUCH Ultra Glucometer Test Strips (Box of 50) GU0448-01 ea-1 65.00 28.4600 ONETOUCH Ultra 2 Glucometer GU71002 bx-1 36.20 16.9300 Unistik 3 Lancets, Normal, 23g/1.8mm, Medium Flow, Yellow (Box of 100) GU71012 bx-1 36.50 19.9300 Unistik 3 Lancets, Extra, 21g/2.0mm, Hi Flow, Orange (Box of 100) GU971041 bx-1 64.50 36.2500 OptiumEZ Blood Glucose Test Strips (Box of 50) IC75-CLR bx-10 28.50 15.3000 StarLite Squared Eyewear, Clear Lens IC91018 bx-50 15.00 10.5000 Face Mask, 3 Layer, Disposable ID100 ea-1 65.50 36.0000 ClearTopBox Locking Drug Container, Small ID5116-BLU ea-1 65.99 41.3400 FERNO Professional Intravenous Bag, Blue IN001-RED bx-10 79.50 26.0000 MEDICUT Paramedic Shears, 7 1/4", Red IN375 ea-1 7.99 4.7300 Magill Forcep, Adult
IN555-RED bx-50 122.50 84.5000 Economy Paramedic Shears, 7 1/4", Red IN845 bx-1 38.00 23.0900 GALLANT Prep Razors (Box of 50) IN920 ea-1 32.95 12.9300 ADC Ring Cutter
IP4010 bx-5 174.75 109.7500 INFU-SURG Pressure Infuser Bag, 1000cc IS8513-1 cs-20 213.80 98.6000 Covidien SharpSafety Sharps Containers, 5 Quart IS8900 cs-100 535.00 209.0000 Covidien Sharps Containers, 1 Quart IT100 bx-25 362.50 185.5000 MAD Device with 3cc Syringe IT103 cs-100 1,250.00 651.0000 MAD Device
IT10CCLLA cs-1200 420.00 288.0000 Syringe, LUER LOCK, 10cc w/ markings to 12cc IT11101 cs-5 339.95 177.6500 MedSource IV Guard IV Dressing (Box of 100) IT140 bx-25 387.50 225.0000 MAD Device with 3cc Syringe and Vial Adapter IT1412 cs-200 790.00 400.0000 BD Insyte Autoguard IV Catheter, 24g x 0.75" 547
IT1423 cs-200 790.00 400.0000 BD Insyte Autoguard IV Catheter, 22g x 1" IT1434 cs-200 790.00 400.0000 BD Insyte Autoguard IV Catheter, 20g x 1.16" IT1444 cs-200 790.00 400.0000 BD Insyte Autoguard IV Catheter, 18g x 1.16" IT1454 cs-200 790.00 400.0000 BD Insyte Autoguard IV Catheter, 16g x 1.16" IT18GA bx-100 13.00 8.3300 Needle, 18 GA x 1.5"
IT1CCLL bx-100 78.00 25.0000 Syringe, LUER LOCK, 1cc
IT20CCLL bx-50 31.50 21.5000 Syringe, LUER LOCK, 20 cc
IT3CC bx-100 25.00 12.9400 Syringe, LUER SLIP, 3cc
IT3CC23 bx-100 23.00 16.0000 Syringe, LUER LOCK, 3cc with 23 GA x 1" needle IT4431 cs-5 435.00 198.0000 Veni-Gard Site Dressing (Box of 100) IT5902 bx-50 45.00 18.0000 BD SafetyGlide Needle, 23 GA x 1" IT5903 bx-50 82.50 32.5000 BD SafetyGlide 1 ml Syringe with 25 GA x 5/8" Needle IT5905 bx-50 77.50 30.0000 BD SafetyGlide Syringe, 3 cc with 23 GA x 1" Needle IT60CCLL bx-25 47.50 18.2500 Syringe, LUER LOCK, 60 cc
IT82512 cs-200 780.00 538.0000 BD Insyte Autoguard IV Catheter w/ Blood Control, 24g x 0.75" IT82523 cs-200 780.00 538.0000 BD Insyte Autoguard IV Catheter w/ Blood Control, 22g x 1" IT82534 cs-200 780.00 538.0000 BD Insyte Autoguard IV Catheter w/ Blood Control, 20g x 1.16" IT82544 cs-200 780.00 538.0000 BD Insyte Autoguard IV Catheter w/ Blood Control, 18g x 1.16" IT82554 cs-200 780.00 538.0000 BD Insyte Autoguard IV Catheter w/ Blood Control,16g x 1.16" IV010 cs-100 215.00 135.0000 MedSource PRN Connector Injection Site, 400 psi IV0200 cs-100 365.00 215.0000 SureLok Connector (Clave Compatible) IV3108B cs-100 395.00 273.0000 AMSINO Extension Set, 1.2ml, 8" Sure-Lok, Bonded IV38301 cs-50 589.50 320.0000 AMSafe3 IV Set, AMSAFE/PRESLIT IV4001 cs-100 479.00 331.0000 MicroClave Clear Needleless Connector, 400 psi IV407T cs-50 399.50 275.5000 AMSAFE Extension Set, MicroClave, T-Connector, 6" IV4207 cs-50 330.00 192.5000 AMSAFE Extension Set, 0.69ml, 7", MicroClave, Bonded IV Site IV5311 cs-50 107.50 51.5000 Stopcock Only, 3-Way
IV6117 cs-25 433.75 278.0000 AMSAFE Burette Set, 3-MicroClave, 60 Drop IVV16325B ea-1 215.00 148.3500 Emergency Thoracentesis Kit w/14 GA x 3.25" Cath KT1702B cs-10 195.00 134.6000 OB Kit, Boxed
KT800LF cs-10 229.50 122.5000 Deluxe Obstetrical Kit with Cap and Blanket KT901V cs-10 750.00 517.5000 SAM Stop the Bleed Kit
KTTBND ea-1 4.55 3.1400 Basic Refill SubKit, Bandages
LY1 ea-1 42.95 15.4700 ADC Standard Laryngoscope Handle, Medium (C cell) LY1421 bx-10 189.50 115.0000 BriteView Laryngoscope Blade, Mac #1, Pink LY1422 bx-10 189.50 130.8000 BriteView Laryngoscope Blade, Mac #2, Yellow LY1423 bx-10 189.50 115.0000 BriteView Laryngoscope Blade, Mac #3, Orange LY1424 bx-10 189.50 115.0000 BriteView Laryngoscope Blade, Mac #4, Green LY1520 bx-10 189.50 130.8000 BriteView Laryngoscope Blade, Miller #0, White LY1521 bx-10 189.50 130.8000 BriteView Laryngoscope Blade, Miller #1, Pink LY1522 bx-10 189.50 130.8000 BriteView Laryngoscope Blade, Miller #2, Yellow LY1523 bx-10 189.50 115.0000 BriteView Laryngoscope Blade, Miller #3, Orange LY1524 bx-10 189.50 115.0000 BriteView Laryngoscope Blade, Miller #4, Green LY2 ea-1 42.95 15.4700 ADC Standard Laryngoscope Handle, Small (AA cell) MD150 ea-1 2.20 .8700 Aspirin Chewable 81mg/pill (Bottle of 36) MD4 cs-48 328.80 144.4800 Eye Wash, 4 oz.
MD62 pk-3 18.45 11.5500 Glutose 15, Delivers 15 gm, Lemon MD63 ea-1 6.75 3.6800 INSTA-GLUCOSE, 31 gm Tube, Delivers 24 gm MD7030 pk-3 18.45 16.5600 Glutose 15, Delivers 15 gm, Grape MD80547 ea-1 7.99 4.7700 Neo-Synephrine Nasal Spray, 0.5%, 15ml MF10026 ea-1 169.95 117.2700 MedFlats, Small Shipper, 9" x 6" x 3.25" OC7555XNF cs-10 919.50 634.5000 O2-MAX CPAP 3-SET, Adult Large Mask w/Nebulizer OC7556XNF cs-10 919.50 634.5000 O2-MAX CPAP 3-SET, Adult Medium Mask w/Nebulizer OC7557XNF cs-10 979.50 599.9000 O2-MAX CPAP 5-SET, Adult Medium Mask w/Nebulizer OC7557XNF-1 cs-10 989.50 682.8000 O2-MAX CPAP 5-SET, Adult Medium Mask w/Nebulizer, Ohmeda Quick Connect OC7720 ea-1 19.25 13.2800 O2-RESQ CPAP Valve with connector, 15 cm OG777-02 ea-1 191.50 107.9900 INOVO All Brass O2 Regulator, 2 DISS/Liter Flow OH4024 cs-50 267.50 184.5000 S-SCORT HI-D BIG STICK Suction Handle OH5013 cs-20 195.00 67.8000 YANKAUER Suction Handle, Control Vent w/ 6' Tubing 548
OK1200 cs-48 288.00 188.1600 Suction Canister, 1200cc
OK200 ea-1 46.95 29.6200 Laerdal V-VAC Suction Cartridge OK2310BV ea-1 1,899.00 1,308.2500 S-SCORT VX-2 Suction Unit with charging retention bracket OK300 ea-1 58.95 38.7500 Laerdal V-VAC Adapter Tips (set of 4) OK4906 bx-10 169.90 109.1000 ARGYLE Salem Sump Tube, 6 fr.
OK4908 bx-10 169.90 93.0000 ARGYLE Salem Sump Tube, 8 fr.
OK4929 cs-50 225.00 155.5000 ARGYLE Salem Sump Tube, 12 fr.
OK4945 cs-50 225.00 155.5000 ARGYLE Salem Sump Tube, 14 fr.
OK4960 cs-50 225.00 118.0000 ARGYLE Salem Sump Tube, 16 fr.
OK4986 cs-50 225.00 118.0000 ARGYLE Salem Sump Tube, 18 fr.
OK5216 ea-1 3.55 2.4500 Naso-Gastric Tube, 16 fr.
OK5218 ea-1 3.55 2.4500 Naso-Gastric Tube, 18 fr.
OK60CCA bx-50 99.50 68.5000 60cc Syringe with catheter tip, Sterile OK9506C cs-50 34.50 20.0000 Suction Catheter, Thumb Control, 6 fr.
OK9508C cs-50 34.50 20.0000 Suction Catheter, Thumb Control, 8 fr.
OK9512C cs-50 34.50 20.0000 Suction Catheter, Thumb Control, 12 fr.
OK9518C cs-50 34.50 20.0000 Suction Catheter, Thumb Control, 18 fr.
OM1059 cs-50 199.50 70.5000 HUDSON O2 Mask, Non-Rebreather w/reservoir, Adult OM1103 cs-50 65.00 32.0000 HUDSON Nasal Cannula, Non-flared, Adult OM1883 cs-50 137.50 80.0000 MICRO MIST Nebulizer with tee and mouthpiece OM1885 cs-50 146.00 66.0000 MICRO MIST Nebulizer with adult mask OM22885 cs-50 144.50 70.5000 MedSource Nebulizer with Mask, Adult OM24003 cs-50 42.50 17.5000 MedSource Nasal Cannula, Non-flared, Adult OM24004 cs-50 42.50 20.5000 MedSource Nasal Cannula, Flared, Adult OM24101 cs-50 122.50 50.5000 MedSource Nasal Cannula, Pediatric OM2438 cs-50 165.00 58.0000 AirLife Misty Max 10 Nebulizer, Handheld w/ Mouthpiece OM25058 cs-50 162.50 112.0000 MedSource O2 Mask, Non-Rebreather, Pedi OM26042 cs-50 105.00 72.5000 MedSource O2 Mask, Medium Concentration, Pedi OM5200 cs-12 203.40 110.2800 Ambu SPUR II BVM, Adult w/ Adult Medium Mask OM5400 cs-12 285.00 196.6800 Ambu SPUR II BVM, Infant w/ Infant Mask, Pop-Off OR650 ea-1 139.50 96.2600 Conterra Pro-2 Caddy
OS01T ea-1 250.00 84.0000 Aluminum Oxygen Cylinder with Toggle, D Size PA285 cs-50 299.50 206.5000 Spit Hood
PA3933 cs-100 130.00 48.0000 Emesis Bag
PA80328 cs-144 201.00 138.2400 Emesis Bag
PERF_FCP-01 ea-1 21.50 8.6700 The Emergency ISRAELI BANDAGE, 4", Black PL1008 pk-6 10.50 6.1800 ADLITE Penlight with pupil gauge PO2514 bx-20 570.00 393.4000 Masimo M-LNCS SpO2 Sensor, Single Use, Neonate/Adult, 3' PO54454 cs-25 224.75 155.0000 Masimo NomoLine-O LH Intubated ETCO2, Short-Term, Adult/Pedi, 6.5' PO64620 bx-25 356.25 245.7500 Medtronic Intubated ETCO2, Short-Term, Adult/Pedi, 6.5' SL0162Q cs-36 538.20 232.9200 Dextrose 10%, 25g/250mL (0.1grams/1mL) IV Bag SL0470-30 cs-30 329.70 63.6000 Sodium Chloride IV Solution, 0.9%, 250 mL Freeflex IV Bag SL0472-20 cs-20 205.00 106.0000 Sodium Chloride IV Solution, 0.9%, 500 mL Freeflex IV Bag SL0474-10 cs-10 102.50 31.3000 Sodium Chloride IV Solution, 0.9%, 1000 mL Freeflex IV Bag SL1307 cs-96 585.60 360.0000 Sodium Chloride IV Solution, 0.9%, 100ml SL1322 cs-36 378.00 261.0000 Sodium Chloride, 0.9%, Baxter, 250 ml Bag SL1323 cs-24 270.00 186.2400 Sodium Chloride, 0.9%, Baxter, 500 ml Bag SL410090 cs-24 595.00 410.6400 Acetaminophen Injection, 1000mg/100mL (10mg/1mL), Bag SL7113 cs-18 146.70 71.4600 Baxter Sterile Water, 500 ml Bottle SL7122 cs-24 188.40 80.8800 Baxter 0.9% Sodium Chloride, 250 ml Bottle SL7984-23 cs-48 376.80 166.0800 Sodium Chloride, 0.9%, 100ml/170ml, Parital Fill IV Bag SL8001 cs-24 270.00 186.2400 Sodium Chloride IV Solution, 0.9%, B Braun, 500 ml Bag SL88151 bx-1 44.95 14.8600 SALJET Saline Rinse, 30 ml vials (Box of 12) SP301 ea-1 867.95 564.9000 Sager Form III Traction Splint, Single SS120 cs-36 97.20 38.5200 Cardboard Splint, Padded with Foam, 12" SS180 cs-36 135.00 59.7600 Cardboard Splint, Padded with Foam, 18" SS240 cs-36 192.60 65.1600 Cardboard Splint, Padded with Foam, 24" SS360 cs-50 190.00 57.5000 Cardboard Splint, 36"
ST5620 ea-1 225.00 130.6500 3M LITTMANN Classic III Stethoscope, Black 549
ST5622 ea-1 225.00 130.6500 3M LITTMANN Classic III Stethoscope, Navy Blue ST603-BLK ea-1 68.00 36.1700 Adscope 603 Stethoscope, Black SW7423 ea-1 246.50 170.0900 Pediatric Immobilization Board SW940P-BLU ea-1 485.00 334.6500 Iron Duck ULTRA SPACESAV Backboard with PINS, Blue SX2510 cs-48 444.00 233.7600 POSEY Limb Holder, Economy with Foam Cuff SX97152-ORG cs-36 216.00 81.7200 Restraint Strap, Disposable, Loop-Lock, 2pc, Org SY975 cs-30 238.50 136.2000 Laerdal Sta-Blok Head Immobilizer TA7137C cs-240 275.00 170.4000 Kendall Silk Tape, 1/2"
TA7138C cs-120 270.00 162.0000 Kendall Silk Tape, 1"
TA7139C cs-60 270.00 159.6000 Kendall Silk Tape, 2"
TA7827-1 cs-120 318.00 120.0000 TRANSPORE Transparent Tape, 1" TA7827-HALF cs-240 265.00 182.4000 TRANSPORE Transparent Tape, 1/2" TH131001 ea-1 136.50 54.6000 Infrared Non-contact Thermometer, IR200 TH6000 ea-1 445.00 307.0500 BRAUN ThermoScan Pro6000 Ear Thermometer TH6000PC bx-1 22.95 13.5000 BRAUN ThermoScan Pro6000 Probe Covers (Bx/200) TQ0023-ORG ea-1 44.50 27.3100 Combat Application Tourniquet (C-A-T) Polymer Windless - Orange TQ1800 bx-1 33.95 20.6000 Free-Band Tourniquet, FLAT, 1" x 18" (Box/100) TQ3139 cs-2500 493.50 340.5000 DYNAREX Tourniquet, Latex Free, Rolled, 1" x 18" TQ31W-ORG ea-1 49.95 27.4100 SOF Tourniquet, Wide Edition, Aluminum Windlass - Orange, 5th Gen TQ400 ea-1 23.25 10.1800 SWAT-T (Stretch Wrap & Tuck) Tourniquet - Black TQ4200 bg-250 57.50 40.0000 Tourniquet, Latex Free, Rolled, 1" x 18" TX5420 pk-50 147.95 76.0000 ALL RISK START Triage Tag with Wristband ZOLL_8900-0004 cs-1 209.99 144.8900 Zoll ECG Electrodes w/Wet Gel (Case = 120, Packs Of 4) 550