Wednesday, April 16, 2025
Closed Session Council Board Room 4:30 PM
Open Session Council Chambers 6:00 PM
** Revised agenda on Monday, April 14, 2025 at 11:17 a.m. Item 7.11 - Exhibit 2 was revised.
Revised agenda on Tuesday, April 15, 2025 at 4:30 p.m.
Previously Item 7.12 - moved under Administrative Reports and is now Item 10.4. The recommended action was revised.
Item 11.1 - title was revised**
This meeting will be conducted in person. You can participate remotely: https://coronaca-gov.zoom.us/j/83271016109
1. CONVENE CLOSED SESSION
1.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Yolanda Guzman v. City of Corona
Case Number: Riverside Superior Court Case No. CVRI 2300468
1.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: City of Corona v. Royal Ridge Investment, Inc et al.
Case Number: Riverside Superior Court Case No. RIC 2003117
1.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: City of Corona v. C.P.I. Properties, LLC et al.
Case Number: Riverside Superior Court Case No. RIC 2002846
2. INVOCATION - Pastor Shannon Scott, Grace Baptist Church The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Council Members. A list of volunteers is maintained by the City Clerk and interested persons should contact the Clerk for further information.
3. PLEDGE OF ALLEGIANCE
4. CONVENE OPEN SESSION
Individuals wishing to address the City Council are requested to complete a speaker card available at the rear of the Council Chambers. Please deliver the card to the City Clerk prior to the item being heard by the City Council or, for items not listed on the agenda, before the "Communications" section of the agenda is called.
Please observe a three-minute limit for communications and please note that the Communications section of the agenda is limited to items within the subject matter jurisdiction of the City Council that are not listed on the agenda. Once called upon to speak, you are requested to state your name and city of residence for the record.
5. PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS
5.1 PROCLAMATION: ARAB AMERICAN HERITAGE MONTH
5.2 RECOGNITION: ROCKY THE CFD SUPPORT CANINE
5.3 RECOGNITION: CALIFORNIA PARK & RECREATION SOCIETY AWARDS OF EXCELLENCE
5.4 RECOGNITION: CORONA HIGH SCHOOL GIRLS WRESTLING TEAM
5.5 PRESENTATION: MCKINLEY GRADE SEPARATION UPDATE
6. MEETING MINUTES
6.1 MINUTES - CITY COUNCIL MEETING APRIL 2, 2025
Approval of Minutes for the City Council, Successor Agency to the Redevelopment Agency of the City of Corona, Corona Public Financing Authority, Corona Utility Authority, Corona Housing Authority City Council Meeting of April 2, 2025
7. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine matters, status reports or documents covering previous City Council action. The items listed on the Consent Calendar may be enacted in one motion. With the concurrence of the City Council, a Council member or any person in attendance may request that an item be removed for further consideration.
7.1 CONTRACT WITH FLOCK SAFETY TO PROVIDE HARDWARE, SOFTWARE, TRAINING, AND
REGULATORY SERVICES FOR DRONE AS A FIRST RESPONDER PROGRAM Authorize the City Manager, or his designee, to execute an agreement with Flock Safety for a 36-month contract through June 30, 2028, to provide Drone as a First Responder hardware, software, training, and regulatory services the amount of $1,528,662. a.
Make a determination under Corona Municipal Code 3.08.140(E) that competitive bidding has been otherwise accomplished as provided for in the “Basis for Determination of Competitive Bidding” section of this agenda report.
b.
Authorize the City Manager, or his designee, to issue purchase orders to Flock Safety: in the amounts of $341,258 for FY 2026 and $593,702 for FY 2027 and FY 2028. c.
Authorize the City Manager, or his designee, to negotiate and execute any non-substantive extensions, amendments, and change orders up to $152,866 or 10% of the original purchase order amount as provided by the Corona Municipal Code (CMC) Section 3.08.060(j). d.
Authorize the elimination of three (3) part-time vacant Public Safety Dispatcher II Flex positions and two (2) full-time vacant Public Safety Dispatch Call Taker positions. e.
Authorize the creation of a new Capital Improvement Project (CIP) titled, “DFR Infrastructure Upgrades.”
f.
Authorize a budgetary transfer in the amount of $100,000 from the salaries/benefits category in the Police Department’s operating budget to the newly created DFR Infrastructure Upgrades Capital Improvement Project within the General Fund 110 due to the elimination of vacant positions for required infrastructure upgrades to unmanned aerial vehicle launch sites and a radar deployment site.
g.
7.2 TERMINATE CONTRACTED EMERGENCY TRANSMISSION WATER MAIN AND PARKING LOT
REPAIRS AT 515 SOUTH PROMENADE AVENUE AND RATIFY MAINTENANCE/GENERAL SERVICES AGREEMENTS WITH MERLIN JOHNSON CONSTRUCTION, INC. AND CT&T CONCRETE PAVING, INC. FOR THE REPAIRS
That the City Council:
Terminate the emergency action for contracted emergency transmission water main line break and parking lot repairs at 515 South Promenade Avenue pursuant to Corona Municipal Code (CMC) Section 3.08.130(A).
a.
Ratify the Maintenance/General Services Agreement with Merlin Johnson Construction, Inc. of Mentone, CA, in the amount of $110,909.23, including any non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized in Corona Municipal Code (CMC) Section 3.08.060(J), which is equivalent to 10% or $11,090.92, for performing the emergency repair of the transmission water line at 515 South Promenade Avenue.
b.
Ratify the Maintenance/General Services Agreement with CT&T Concrete Paving, Inc. of Diamond Bar, CA, in the amount of $95,243.54, including any non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized in Corona Municipal Code (CMC) Section 3.08.060(J), which is equivalent to 10% or $9,524.35, for parking lot asphalt and concrete repairs at 515 South Promenade Avenue. c.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct the City Council to take the above actions.
7.3 CONSTRUCTION CONTRACT WITH ALFREDO BALANDRA DBA BALANDRA DEMOLITION IN THE AMOUNT OF $379,000 FOR THE NORTH MALL PROPERTIES DEMOLITION – PHASE 1 PROJECT; NOTICE INVITING BIDS 25-043SB
That the City Council:
Adopt the Specifications for the North Mall Demolition Properties – Phase 1 Project, Notice Inviting Bids 25-043SB.
a.
Award Notice Inviting Bids 25-043SB, to Alfredo Balandra DBA Balandra Demolition, the lowest responsive, responsible bidder, for the total bid amount of $379,000 and waive any and all minor irregularities in the bidding document as submitted by said bidder. b.
Approve the Construction Contract with Alfredo Balandra DBA Balandra Demolition for the demolition of the North Mall Properties – Phase 1 Project in the amount of $379,000. c.
Authorize the City Manager, or his designee, to execute the Construction contract with Alfredo Bandara DBA Balandra Demolition in the amount of $379,000, including any nonsubstantive extensions, change orders, purchase orders, and amendments up to 10% of total contract cost or $37,900 as authorized in Section 3.08.050(H) of the Corona Municipal Code. d.
Authorize the City Manager, or his designee, to issue a purchase order to Alfredo Balandra DBA Balandra Demolition in the amount of 379,000.
e.
Authorize an appropriation in the amount of $473,750 from the Measure X Fund 120 to the North Corona Mall Acquisitions and Improvements Project, No. 78390. f.
7.4 RESOLUTION INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 84-2, ZONE 14, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT That the City Council adopt Resolution No. 2025-024, initiating proceedings to levy and collect assessments for FY 2026 for Landscape Maintenance District No. 84-2, Zone 14 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
7.5 RESOLUTION INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 84-2, ZONE 20, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT That the City Council adopt Resolution No. 2025-025, initiating proceedings to levy and collect assessments for FY 2026 for Landscape Maintenance District No. 84-2, Zone 20 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
7.6 RESOLUTION ADOPTING THE CITY OF CORONA UTILITIES DEPARTMENT 10-YEAR ENERGY EFFICIENCY TARGETS PURSUANT TO PUBLIC UTILITIES CODE § 9505 That the City Council:
Adopt Resolution 2025-019, approving the 10-Year Energy Efficiency Savings Targets for the Utilities Department.
a.
Authorize the Utilities Director, or his designee, to approve all future updates to the 10-Year Energy Efficiency Savings Targets.
b.
7.7 RESOLUTIONS INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2026 FOR LIGHTING MAINTENANCE DISTRICTS NO. 84-1 AND 2003-1, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF ENGINEER’S
REPORTS
That the City Council:
Adopt Resolution No. 2025-021, initiating proceedings to levy and collect assessments for Fiscal Year 2026 for Lighting Maintenance District No. 84-1 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
a.
Adopt Resolution No. 2025-022, initiating proceedings to levy and collect assessments for Fiscal Year 2026 for Lighting Maintenance District No. 2003-1 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
b.
7.8 RESOLUTION INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSSESSMENTS FOR FISCAL YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 84-2, ZONES 1, 2, 4, 6, 7, 10, 15, 17, 18, AND 19, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF ENGINEER’S REP
That the City Council adopt Resolution No. 2025-023, initiating proceedings to levy and collect assessments for FY 2026 for landscape Maintenance District No. 84-2, Zones 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering the preparation of an Engineer’s Report.
7.9 RESOLUTION APPROVING THE SEWER SYSTEM MANAGEMENT PLAN AND REPEALING RESOLUTION NO. 2023-022
That City Council adopt Resolution No. 2025-026, approving the Sewer System Management Plan and repealing Resolution No. 2023-022.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.
7.10 RESOLUTION ORDERING THE SUMMARY VACATION OF UTILITY AND ACCESS EASEMENTS
AND ACCEPTANCE OF A GRANT DEED FROM THE RIVERSIDE COUNTY TRANSPORTATION
COMMISSION FOR LAND GENERALLY LOCATED ON THE WEST SIDE OF SHERMAN AVENUE, SOUTH OF STATE ROUTE 91
That the City Council:
Adopt Resolution No. 2025-027, ordering the summary vacation of a permanent exclusive utility easement and permanent non-exclusive access easement located generally on the west side of Sherman Avenue, South of State Route 91.
a.
Authorize the City Manager, or his designee, to execute the Quitclaim Deed for the permanent exclusive utility easement and permanent non-exclusive access easement. b.
Accept the grant deed for the real property in the City of Corona for the well site from the Riverside County Transportation Commission, a Public Agency of the State of California. c.
7.11 UPDATED CITY LOGO USAGE FOR YOUTH SPORTS ORGANIZATIONS POLICY That the City Council approves the logo usage policy and application for nonprofit youth sports and ensures alignment with Council goals and City priorities.
8. COMMUNICATIONS FROM THE PUBLIC
Persons wishing to address the City Council are requested to state their name and city of residence for the record. This portion of the agenda is intended for general public comment only, which means it is limited to items within the subject matter jurisdiction of the City Council that are not listed on the agenda. Please note that state law prohibits the City Council from discussing or taking action on items not listed on the agenda. The City Council will appreciate your cooperation in keeping your comments brief. Please observe a three-minute limit for communications.
9. PUBLIC HEARINGS
This portion of the agenda is for advertised public hearing items where formal public testimony on each individual item is accepted prior to City Council action.
10. ADMINISTRATIVE REPORTS
The portion of the agenda is for Council discussion and action on staff reports and new topics that may not be routine status reports, or documents covering previous City Council action.
10.1 PROPOSED OPERATIONS PLAN FOR THE HISTORIC CIVIC CENTER That the City Council provide feedback on the proposed Historic Civic Center Operations Plan.
10.2 CORONA PUBLIC LIBRARY W.D. ADDISON HERITAGE ROOM POLICY
That the City Council review and approve the W.D. Addison Heritage Room Policy.
10.3 ATHLETIC FIELD RATES AD-HOC COMMITTEE RECOMMENDATION FOR EVERYONE PLAYS
YOUTH SPORTS GROUPS
That the City Council:
Receive an update on the Ad-Hoc Committee’s recommendations for Everyone Plays youth sports groups.
a.
Approve the proposed cost recovery target for Everyone Plays Youth Sports Groups of 20- 30%.
b.
Approve the proposed athletic field reservation rates for Everyone Plays Youth Sports Groups of $7/hr. for FY 2026 and $10/hr. for FY 2027.
c.
10.4 FISCAL YEAR 2026 COMMUNITY EVENTS CO-SPONSORSHIP PROGRAM REQUESTS That the City Council approve Phase I of the Co-Sponsorship Program Requests occurring July through December 2025.
11. LEGISLATIVE MATTERS
The portion of the agenda is for proposed ordinances presented for the City Council's consideration.
11.1 ORDINANCE ADDING SECTION 1.04.165 AND AMENDING 1.04.170 OF THE CORONA
MUNICIPAL CODE TO REGULATE THE USE OF THE CITY LOGO AND WORDMARK That the City Council introduce by title only, and waive full reading of Ordinance No. 3415, first reading of an ordinance adding section 1.04.165 and amending of the Corona Municipal Code to regulate use of the City Logo and Wordmark.
12. REPORTS FROM BOARDS AND COMMISSIONS
This portion of the agenda lists items from Commissions and Boards from the City Council, Commissioners, and Staff.
12.1 Library Board of Trustees
12.2 Planning & Housing Commission
12.3 Parks & Recreation Commission
12.4 Regional Meetings
12.4.a UPDATE FROM VICE MAYOR JACQUE CASILLAS ON THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG) MEETING OF APRIL 7, 2025
12.4.b UPDATE FROM MAYOR JIM STEINER ON THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) BOARD MEETING OF APRIL 9, 2025
13. CITY ATTORNEY'S REPORTS AND COMMENTS
14. CITY MANAGER'S REPORTS AND COMMENTS
15. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS
16. FUTURE AGENDA ITEMS
This portion of the agenda is for items requested by the Mayor, Council Members or Staff for consideration at a future meeting. No immediate action is taken on Future Agenda Items; this section serves to highlight topics that will be considered at upcoming meetings. Council action on items that have appeared in this section takes place under Administrative Reports, when accompanied by a staff report.
16.1 AUTOMATIC GATES AT PARKS (STAFF) MAY 7, 2025
16.2 CORPORATE AND COMMUNITY GIVING POLICY (STAFF) MAY 7, 2025
16.3 WRCRWA REPRESENTATIVE CHANGE (W. SPEAKE) – May 7, 2025
16.4 SKYLINE MASTER PLAN (STAFF) MAY/JUNE
16.5 UPDATE CMC 9.52.030, NO EXCEPTION - CERTAIN CCW PERMITS (T. DADDARIO) JUNE
16.6 INCLUSIONARY HOUSING ORDINANCE (W. SPEAKE) – JUNE/JULY
16.7 FUTURE CIP FOR DEDICATED RIGHT TURN LANE FOR WB BEDFORD TO CAJALCO (W.
SPEAKE) TBD
16.8 FEATHER FLAG PERMIT AMENDMENTS (W. SPEAKE) TBD
16.9 EXPLORE CMC ORDINANCE CHANGES TO SET TIME LIMITS FOR SPECIFIC FOR TEMPORARY FENCING AND BOARDED UP WINDOWS (W. SPEAKE) TBD
16.10 EXPLORE CORDON PRICING OF THE FOOTHILL CORRIDOR TO DETER CUT THROUGH TRAFFIC (W. SPEAKE) TBD
16.11 REVIEW/AMEND SECTION 17.63.120 ALTERATION, RELOCATION OR DEMOLITION OF HISTORIC RESOURCES, SPECIFICALLY (D)(6) (W. SPEAKE) TBD
17. ADJOURNMENT
The next regular meeting of the City Council is scheduled for May 7, 2025, or thereafter as noted on the posted agenda for closed session items in the City Council Board Room followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted agenda in the City Council Chambers.
This meeting is being conducted in person as well as via teleconference. For members of the public wishing to submit written comments, please email comments to the City Clerk at [email protected] prior to the City
Council meeting and your comments will be made part of the official record of proceedings.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the ADA Coordinator at (951) 736-2235. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Meeting is Being Recorded.
McKinley Street Grade Separation
City of Corona
Public Works Department
& Mark Thomas and Company, Inc.
April 16, 2025
City of Corona
Project Status
2 • Recent Construction Activities
• Roadway
• Underground Utilities
• Retaining Walls & Structures
• Construction Look Ahead
• Right of Way Status
• Economic Development
• Public Outreach
City of Corona
Construction
Roadway • Estelle Street Improvements • Loop Road / Paseo Los Arcos • SR 91 On & Off-Ramps • Sampson Road Underground Utilities • WMWD Effluent Line • City Water / Storm Drain Retaining Walls & Structures • Retaining Walls
3 3
City of Corona
Construction Look Ahead
4 Construction Items
• Corona Water Line Transmission
Connection
• Paseo Los Arcos / McKinley Street
Intersection Connection
• East Half Roadway Improvements
• Final Construction / Ribbon Cutting
Safety
• Pedestrian / Bike Access During Final
Construction
• Traffic
City of Corona
Construction · Detour
City of Corona
Construction · Detour
City of Corona
Construction · Detour
R/W Requirements – Acquisition Progress
• Rail / Flood
• Private Properties (Complete)
• BNSF/RCFC (Complete)
• Overview
• Possession secured – All properties
• Settlement reached – 12 properties
• Businesses Settled - 27
• Remaining Offers/Negotiations
• 2 Properties
• 1 Business
https://www.coronaca.gov/home/showpublish
eddocument/20374/637750798403470000
City of Corona
Economic Development Outreach
9 88
Businesses
Connected with
via phone calls, inperson visits, and
email
Business
Spotlights
10 completed
City of Corona
Economic Development Support
10 Targeted Business Promotion
• Bi-Monthly Newsletter
• Business/Shopping Center Spotlight
• Social Media (Instagram)
Workforce Support
• Live Work Corona Website
• Subsidized Training (On-the-Job Training) through Riverside County
City of Corona
Public Outreach
11 Virtual Presentations • 11/12/2020 • 5/4/2021 • 8/11/2022 • 5/16/2023, 9/25/2023 • 4/10/2025 In-Person/Virtual Presentations
• 12/7/2021 • 1/24/2023, 10/3/2023 • 11/21/2024
Next Public Outreach Meeting – Ribbon Cutting
Routine Outreach Efforts During Construction • Text Program – Text MCKINLEY to 844-518-1409 to stay in the loop! • Bi-monthly Public Notifications / Broadcasts • 24 Hour Hot-Line Phone Number – (800) 546-3299 • Project Email – [email protected] • Interactive Map on the Project Website • Aerial Drone, Time Lapse, Ground Photography
City of Corona
Questions?
12 (800) 546-3299
[email protected]
McKinleyUpdates.com
Text MCKINLEY to 844-518-1409
McKinley Street Grade Separation
Thank you
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1 City of Corona
City Council Minutes
Wednesday, April 2, 2025, 6:00 p.m.
Closed Session- Council Board Room
Council Present: Jim Steiner, Jacque Casillas, Tom Richins, Wes Speake Council Absent: Tony Daddario
_____________________________________________________________________
1. CONVENE CLOSED SESSION
Closed Session Convened at 5:05 p.m. for the purposes listed below. Present were Mayor Steiner, Vice Mayor Casillas, Council Member Richins, and Council Member Speake. Council Member Daddario was absent. Closed Session adjourned at 5:25 p.m.
1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1)
United States, et al. ex rel John Hendrix v. J-M Manufacturing Company Inc., and Formosa Plastics Corporation, U.S.A., Case No. ED CV06-00055-GW
1.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 365 N Main St (APN 119-280-060)
Agency Negotiator: Jacob Ellis, City Manager
Negotiating Party: Dalia Gadelmawla
Under Negotiation: Price & Terms of Payment
2. INVOCATION
None.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Steiner.
4. CONVENE OPEN SESSION
Mayor Steiner called the meeting to order at 6:01 p.m.
5. PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS
5.1 PROCLAMATION: DONATE LIFE MONTH
Kat Mantz and Rita Jackson from One Legacy accepted the proclamation.
5.2 RECOGNITION: BORDER PICKLE BALL COURTS
DRAFT
2 Mike Halzle, John Straser, Mike Wagoner and Mitch Unger accepted the recognition.
5.3 PRESENTATION: NATIONAL MAYOR'S CHALLENGE FOR WATER
CONSERVATION
Kathlyn Meadors, Sustainability Supervisor, provided a presentation.
6. MEETING MINUTES
Moved by: Tom Richins
Seconded by: Wes Speake
That the City Council approve the meeting minutes.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
MotionAPPROVED (4 to 0)
6.1 MINUTES - CITY COUNCIL MEETING MARCH 19, 2025
Approval of Minutes for the City Council, Successor Agency to the Redevelopment Agency of the City of Corona, Corona Public Financing Authority, Corona Utility Authority, Corona Housing Authority City Council Meeting of March 19, 2025
6.2 MINUTES - SPECIAL MEETING MARCH 19, 2025
Approval of Minutes for the City Council, Successor Agency to the Redevelopment Agency of the City of Corona, Corona Public Financing Authority, Corona Utility Authority, Corona Housing Authority Special Meeting of March 19, 2025.
7. CONSENT CALENDAR
The Consent Calendar was approved with the exception of Items 7.2, 7.7 and 7.8, which were voted on separately.
Moved by: Wes Speake
Seconded by: Tom Richins
That the City Council approve the Consent Calendar.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
MotionAPPROVED (4 to 0)
7.1 CITY COUNCIL ADOPTION OF ORDINANCE NO. 3413, SECOND READING
OF AN ORDINANCE OF THE CITY OF CORONA, CALIFORNIA
THIS ORDINANCE WAS ADOPTED.
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3 7.2 RESOLUTION ORDERING THE SUMMARY VACATION OF TWO
EASEMENTS TRAVERSING TRACT 37030 AND TRACT 37644 LOCATED SOUTH OF EAGLE GLEN PARKWAY AND WEST OF INTERSTATE 15 IN THE
BEDFORD COMMUNITY
Councill Member Speake had inquiries and Joanne Coletta, Planning and Development Director, provided clarification.
Moved by: Wes Speake
Seconded by: Tom Richins
That the City Council adopt Resolution No. 2025-018, ordering the summary vacation of the two public trail easements on Lots “C” and “F” of Tract 37030 and Lot “H" of Tract 37644.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
MotionAPPROVED (4 to 0)
7.3 PUBLIC IMPROVEMENT AGREEMENT, SURVEY MONUMENTATION
AGREEMENT AND FINAL TRACT MAP 36634 LOCATED ON THE EASTSIDE
OF HUDSON AVENUE AT POPPYSEED LANE
THIS ITEM WAS APPROVED.
That the City Council:
a. Approve the Final Map for Tentative Tract Map 36634. b. Authorize the City Manager, or his designee, to execute Landscape Improvement, Public Improvement, and Survey Monumentation Agreements between the City and Poppybend LLC, a California Limited Liability Company.
7.4 MAINTENANCE/GENERAL SERVICES AGREEMENTS WITH VARIOUS
FIRMS FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES THIS ITEM WAS APPROVED.
That the City Council:
a. Award Request for Proposals No. 25-017SB for traffic signal maintenance and repair services to St. Francis Electric, LLC, Econolite Systems, Inc., Bear Electrical Solutions, LLC, Crosstown Electrical & Data, Inc., and Macadee Electrical Construction.
b. Approve the Maintenance/General Services Agreements with St. Francis Electric, LLC, Econolite Systems, Inc., Bear Electrical Solutions, LLC, Crosstown Electrical & Data, Inc., and Macadee Electrical Construction.
DRAFT
4 c. Authorize the City Manager, or his designee, to execute the Maintenance/General Services Agreements with St. Francis Electric, LLC., Econolite Systems, Inc., Bear Electrical Solutions, LLC, Crosstown Electrical & Data, Inc., and Macadee Electrical Construction in the amount of $200,000 each per fiscal year for the initial contract term ending June 30, 2026, with two two-year option year renewals ending June 30, 2030.
d. Authorize the City Manager, or his designee, to negotiate and execute non-substantive extensions, change orders, and amendments up to 10% as authorized in Corona Municipal Code Section 3.08.060(J). e. Authorize the City Manager, or his designee, to issue a purchase order to St. Francis Electric, LLC., Econolite Systems, Inc., Bear Electrical Solutions, LLC, Crosstown Electrical & Data, Inc., and Macadee Electrical Construction in accordance with the duly authorized and executed agreements.
7.5 WAIVER FROM SECTION 15.48.020 OF THE CORONA MUNICIPAL CODE
REQUIRING THE CONSTRUCTION OF THE MISSING PUBLIC STREET IMPROVEMENTS LOCATED AT 3980 HOWE STREET ASSOCIATED WITH THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (APN 116-113-006) (APPLICANT: RICHARD DE
THIS ITEM WAS APPROVED.
That the City Council waive the requirement from Section 15.48.020 of the Corona Municipal Code requiring the construction of the missing public street improvements adjacent to 3980 Howe Street.
7.6 MAINTENANCE/GENERAL SERVICES AGREEMENTS WITH SUPERIOR PAVEMENT MARKINGS, INC., AND WGJ ENTERPRISES, INC. dba PCI FOR
STREET STRIPING AND PAVEMENT MARKING SERVICES
THIS ITEM WAS APPROVED.
That the City Council:
a. Award Request for Proposals No. 25-014SB for Street Striping Services to Superior Pavement Markings, Inc. and WGJ Enterprises, Inc. dba PCI for the not-to-exceed fiscal year amounts noted therein. b. Approve the Maintenance/General Services Agreements with Superior Pavement Markings, Inc. and WGJ Enterprises, Inc. dba PCI. c. Authorize the City Manager, or his designee, to execute the Maintenance/General Services Agreements with Superior Pavement Markings, Inc., and WGJ Enterprises, Inc. dba PCI for $200,000 each per
DRAFT
5 fiscal year for the initial contract term ending June 30, 2026 with two additional two-year optional extension renewals ending June 30, 2030. d. Authorize the City Manager, or his designee, to negotiate and execute non-substantive extensions, change orders, and amendments up to 10% as authorized by Corona Municipal Code Section 3.08.060(J) e. Authorize the City Manager, or his designee, to issue a purchase order to Superior Pavement Markings, Inc., and WGJ Enterprises Inc. dba PCI in accordance with the duly authorized and executed agreements.
7.7 CONSTRUCTION CONTRACT WITH VENTURE CONSTRUCTION &
MANAGEMENT FOR THE CITY HALL VETERANS MEMORIAL
IMPROVEMENTS
Vice Mayor Casillas had inquiries and Rachel McLure, CIP Supervisor, provided clarification.
Moved by: Jacque Casillas
Seconded by: Tom Richins
That the City Council:
a. Find David Ollis Landscape Development, Inc. non-responsive to Notice Inviting Bids 25-019AT and reject all other prior bids for reasons noted in this staff report, and cancel the existing contract.
b. Approve the Construction Contract with Venture Construction & Management for the City Hall Veterans Memorial Improvements Project Re-Bid, No. FC-2023-06, in the amount of $488,635.
c. Award Notice Inviting Bids 25-039AT to Venture Construction & Management, the lowest responsive, responsible bidder, for the total bid amount of $488,635, and waive all minor irregularities in the bidding document as submitted by the said bidder.
d. Authorize the City Manager, or his designee, to execute the Construction Contract with Venture Construction & Management in the amount of $488,635, including any non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized by Corona Municipal Code Section 3.08.050(H) which is equivalent to 10% or $48,863.
e. Authorize an appropriation in the amount of $122,414 from Measure X Fund 120 to the City Hall Veterans Memorial Improvements Project, No.
FC-2023-06.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
MotionAPPROVED (4 to 0)
DRAFT
6 7.8 UPDATE ON CONTRACTED EMERGENCY TRANSMISSION WATER MAIN AND PARKING LOT REPAIRS AT 515 SOUTH PROMENADE AVENUE
PURSUANT TO CORONA MUNICIPAL CODE SECTION 3.08.130(A)
Joe Morgan, resident, addressed the Council for clarification on the property address.
Tom Moody, Director of Utilities, provided an update.
Moved by: Tom Richins
Seconded by: Jim Steiner
That the City Council receive and file the update to contracted emergency transmission water main line and parking lot repairs at 515 South Promenade Avenue.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct the City Council to take the above actions.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
MotionAPPROVED (4 to 0)
7.9 RESOLUTION ADOPTING THE CITY’S DWELLING UNIT OCCUPANCY FACTOR ACCORDING TO SECTION 16.35.040 OF THE CORONA MUNICIPAL
CODE FOR DETERMINING THE MAXIMUM AREA OF PARKLAND THAT IS
REQUIRED TO BE DEDICATED FOR RESIDENTIAL SUBDIVISIONS
THIS RESOLUTION WAS ADOPTED.
That the City Council approve Resolution 2025-017 establishing the dwelling unit occupancy factor based upon the 2020 U.S. Census data for determining the amount of parkland to be dedicated pursuant to Chapter 16.35 of the Corona Municipal Code.
7.10 FIRST AMENDMENT TO THE MAINTENANCE/GENERAL SERVICES AGREEMENT WITH NATIONAL CONSRUCTION RENTALS, INC. TO
INCREASE THE COMPENSATION BY $75,000 FOR A TOTAL
COMPENSATION OF $175,000 FOR FISCAL YEAR ENDING JUNE 30, 2025 THIS ITEM WAS APPROVED.
That the City Council:
a. Approve the First Amendment to the Maintenance/General Services Agreement with National Construction Rentals, Inc. to increase the compensation by $75,000 for total compensation of $175,000 for the fiscal year ending June 30, 2025.
b. Authorize the City Manager, or his designee, to execute the First Amendment to the Maintenance/General Services Agreement with National Construction Rentals, Inc. for total compensation of $175,000 for the fiscal year ending June 30, 2025.
DRAFT
7 c. Authorize the City Manager, or his designee, to issue a change order to Purchase Order B250278 to National Construction Rentals, Inc. in the amount of $75,000 for a total purchase order amount of $175,000.
8. COMMUNICATIONS FROM THE PUBLIC
Maddy Paxton, resident, addressed the Council and expressed her appreciation for the painted utility boxes and not closing the RSO.
9. PUBLIC HEARINGS
9.1 PUBLIC HEARING FOR CITY COUNCIL CONSIDERATION AND APPROVAL OF AMENDMENT NO. 1 TO THE 2024-2025 ACTION PLAN & 2022-2023
ACTION PLAN
Mayor Steiner opened the Public Hearing. Sylvia Edwards, City Clerk, stated there was no correspondence received from the public. Mayor Steiner closed the Public Hearing.
Moved by: Tom Richins
Seconded by: Wes Speake
That the City Council:
a. Conduct a public hearing to receive comments concerning Amendment No. 1 to Program Year 2024-2025 HUD and Program Year 2022-2023 Action Plans of the HUD Consolidated Plan.
b. Approve Amendment No. 1 to the Program Years 2024-2025 and 2022- 2023 Action Plans of the HUD Consolidate Plan to cancel an activity (Program Year 2024 Victoria Park Community Center Park Improvements Project Phase III) and to transfer the funds to an existing project (Program Year 2022 Victoria Park Improvements Phase I - Splash Pad) in excess of 50% of the project’s original budget.
c. Authorize the City Manager, or his designee, to prepare and process all necessary budgetary transactions to effectuate the changes in Amendment No. 1 for the Program Years 2024-2025 and 2022-2023 Action Plans.
d. Authorize the City Manager, or his designee, to negotiate, execute, and amend contracts with sub-recipients, developers, or professional service providers as necessary to implement CDBG funds under the approved projects identified in Amendment No. 1 to the Program Years 2024-2025 and 2022-2023.
e. Authorize the City Manager, or his designee, to execute, amend, and submit all plans and documents necessary to administer the CDBG projects identified in Amendment No. 1 to the United States Department of Housing and Urban Development.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
DRAFT
8 MotionAPPROVED (4 to 0)
10. ADMINISTRATIVE REPORTS
10.1 REQUEST BY COUNCIL MEMBER SPEAKE ASKING THE CITY COUNCIL TO CONSIDER AN UPDATE TO THE CITY’S HERITAGE INVENTORY TO
INCLUDE CERTAIN COMMERCIAL STRUCTURES
Joanne Coletta, Planning and Development Director, provided a report.
Joe Morgan, resident, addressed the Council and expressed his concerns with the proposed item.
By majority, the Council agreed with Option 1.
That the City Council provide direction to City staff based on one of the options presented in the staff report.
10.2 REQUEST FROM COUNCIL MEMBER SPEAKE FOR PROPOSED
IMPROVEMENTS TO THE MAGNOLIA AVENUE AND EL SOBRANTE ROAD
INTERSECTION
Aaron Cox, Senior Engineer Traffic, and Rosalva Ureno, City Traffic Engineer, provided a report.
Joe Morgan, resident, addressed the Council and expressed his support for options A and B.
Maddie Paxton, resident, addressed the Council and expressed her concerns regarding the proposed item.
Don Fuller, resident, addressed the Council and provided comments regarding each Option.
Chad Miller, resident, addressed the Council and thanked Vice Mayor Casillas for considering the surrounding businesses.
The Council provided comments and staff direction. By majority, the Council agreed with Options A and B.
That the City Council:
a. Approve staff’s recommendation to implement the short-term plan of crosswalk removal at El Sobrante Road in the interest of removing disruptions to the corridors signal coordination.
b. Provide feedback and direction on the proposed long-term treatments, perform detailed traffic studies to quantify the impacts of these proposed treatments, and prepare a future presentation to discuss conceptual alternatives and study results for the proposed long-term reconfigurations of the intersection of Magnolia at El Sobrante.
10.3 ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE
Joel Belding, Economic Development Director, and Ashley Zaragoza, Economic Development Manager, and Charles Parker, Retail Coach, provided an update.
DRAFT
9 David Hernandez, resident, addressed the Council and expressed various concerns.
Joe Morgan, resident, addressed the Council and expressed his concerns with the proposed item.
Chad Miller, resident, addressed the Council and thanked the Economic Development and staff for their hard work.
The Council provided comments and had inquiries. Mr. Belding and Mr. Parker, provided clarification.
That the City Council receive an update and provide feedback on the implementation of the Economic Development Strategic Plan.
10.4 APPROVAL OF RESOLUTION 2025-020, A RESOLUTION OF THE MAYOR
AND CITY COUNCIL OF THE CITY OF CORONA ESTABLISHING ITS
INTENTION TO AMEND ITS AGREEMENT WITH CALPERS
Moved by: Tom Richins
Seconded by: Wes Speake
That the City Council:
a. Adopt Resolution No. 2025-020, the intention to approve an amendment to the contract between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of Corona.
b. Introduce, by title only, and waive full reading of consideration of Ordinance No. 3414, first reading of an ordinance authorizing an amendment to the contract between the City Council of the City of Corona, and the Board of Administration of the California Public Employees’ Retirement System.
Aye (4): Jim Steiner, Jacque Casillas, Tom Richins, and Wes Speake Absent (1): Tony Daddario
MotionAPPROVED (4 to 0)
11. LEGISLATIVE MATTERS
None.
12. REPORTS FROM BOARDS AND COMMISSIONS
12.1 Library Board of Trustees
None.
12.2 Planning & Housing Commission
12.2.a STAFF REPORT - CONDITIONAL USE PERMIT 2023-0015
By majority, the Council agreed to set this item for review.
DRAFT
10 That the City Council:
a. Take no action, thereby affirming the Planning and Housing Commission’s action granting CUP2023-0015, based on the finding contained in the staff report and conditions of approval.
OR
b. Set the item for review at a subsequent meeting.
12.3 Parks & Recreation Commission
None.
12.4 Regional Meetings
12.4.a UPDATE FROM COUNCIL MEMBER WES SPEAKE ON THE CAL CITIES
HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT POLICY
COMMITTEE MEETING OF MARCH 27, 2025
Council Member Speake provided an update.
13. CITY ATTORNEY'S REPORTS AND COMMENTS
None.
14. CITY MANAGER'S REPORTS AND COMMENTS
None.
15. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS
Vice Mayor Casillas announced she will be hosting Coffee with a Council Member every Saturday in May from 9:30 a.m. - 10:30 a.m. for District 1.
Council Member Speake thanked staff for their hard work on the grand opening for Moutain Gate Park. He also thanked Council Member Richins for attending the Vietnam Wall dedication at Butterfield Park.
Council Member Richins encouraged residents to attend the Vietnam Wall dedication at Butterfield Park. He provided a brief overview of the History Day event at Santana Park and the demolition of the old Corona Police Department building.
16. FUTURE AGENDA ITEMS
16.1 MCKINLEY GRADE SEPARATION UPDATE (STAFF) APRIL 16, 2025
16.2 AUTOMATIC GATES AT PARKS (STAFF) APRIL 16, 2025
16.3 HISTORIC CIVIC CENTER (HCC) OPERATIONS PLAN (STAFF) APRIL/MAY
16.4 SKYLINE MASTER PLAN (STAFF) APRIL/MAY
16.5 HERITAGE ROOM POLICY UPDATES (STAFF) APRIL/MAY
16.6 CORPORATE AND COMMUNITY GIVING POLICY (STAFF) MAY 7, 2025
16.7 INCLUSIONARY HOUSING ORDINANCE (W. SPEAKE) – JUNE/JULY
DRAFT
11 16.8 FUTURE CIP FOR DEDICATED RIGHT TURN LANE FOR WB BEDFORD TO CAJALCO (W. SPEAKE) TBD
16.9 WRCRWA REPRESENTATIVE CHANGE (W. SPEAKE) – TBD
16.10 UPDATE CMC 9.52.030, NO EXCEPTION - CERTAIN CCW PERMITS (T.
DADDARIO) TBD
16.11 FEATHER FLAG PERMIT AMENDMENTS (W. SPEAKE) TBD
16.12 EXPLORE CMC ORDINANCE CHANGES TO SET TIME LIMITS FOR SPECIFIC FOR TEMPORARY FENCING AND BOARDED UP WINDOWS (W.
SPEAKE) TBD
16.13 EXPLORE CORDON PRICING OF THE FOOTHILL CORRIDOR TO DETER CUT THROUGH TRAFFIC (W. SPEAKE) TBD
16.14 REVIEW/AMEND SECTION 17.63.120 ALTERATION, RELOCATION OR DEMOLITION OF HISTORIC RESOURCES, SPECIFICALLY (D)(6) (W.
SPEAKE) TBD
17. ADJOURNMENT
The next scheduled meeting of the Council is on April 16, 2025. Mayor Steiner adjourned the meeting at 8:31 p.m. in honor of Roman Lacayo.
DATE: 04/16/2024
TO: Honorable Mayor and City Council Members
FROM: City of Corona Police Department
2025-135
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
CONTRACT WITH FLOCK SAFETY TO PROVIDE HARDWARE, SOFTWARE,
TRAINING, AND REGULATORY SERVICES FOR DRONE AS A FIRST RESPONDER
PROGRAM
EXECUTIVE SUMMARY:
This staff report asks the City Council to authorize the City Manager to enter into a contract with Flock Safety to provide services for a second-generation Drone as a First Responder program (DFR 2.0). This program will improve the Police Department’s emergency response times and provide officers with critical situational awareness through unmanned aircraft systems. The contract includes hardware, software, services, and training necessary to implement and maintain the DFR 2.0 program over a 36-month term. The contract also includes an operating system for the Real-Time Information Center (RTIC) that allows multiple technologies already in use by the police department to be accessed and controlled through a single computer program.
Additionally, this request includes funding for necessary infrastructure improvements at three (3) drone deployment sites and one (1) radar site within the city.
RECOMMENDED ACTION:
a. Authorize the City Manager, or his designee, to execute an agreement with Flock Safety for a 36-month contract through June 30, 2028, to provide Drone as a First
Responder hardware, software, training, and regulatory services the amount of $1,528,662.
b. Make a determination under Corona Municipal Code 3.08.140(E) that competitive bidding has been otherwise accomplished as provided for in the “Basis for Determination of Competitive Bidding” section of this agenda report. c. Authorize the City Manager, or his designee, to issue purchase orders to Flock Safety: in the amounts of $341,258 for FY 2026 and $593,702 for FY 2027 and FY 2028.
d. Authorize the City Manager, or his designee, to negotiate and execute any nonsubstantive extensions, amendments, and change orders up to $152,866 or 10% of the original purchase order amount as provided by the Corona Municipal Code (CMC) Section 3.08.060(j).
e. Authorize the elimination of three (3) part-time vacant Public Safety Dispatcher II Flex positions and two (2) full-time vacant Public Safety Dispatch Call Taker positions.
f. Authorize the creation of a new Capital Improvement Project (CIP) titled, “DFR Infrastructure Upgrades.”
g. Authorize a budgetary transfer in the amount of $100,000 from the salaries/benefits category in the Police Department’s operating budget to the newly created DFR Infrastructure Upgrades Capital Improvement Project within the General Fund 110 due to the elimination of vacant positions for required infrastructure upgrades to unmanned aerial vehicle launch sites and a radar deployment site.
BACKGROUND & HISTORY:
On April 13, 2023, the City Council directed the Police Department to move forward with a Drone as a First Responder (DFR) program to enhance police response capabilities through real-time video intelligence. The existing “DFR 1.0” system consists of a drone deployed from the rooftop of the police station that can rapidly respond to incident locations within a 2.5-mile radius. This model requires a rooftop visual observer to scan the airspace for hazards and conduct battery swapping on the drones. A pilot is positioned inside the police department and is responsible for flying the drone and communicating with police officers on the ground. The program has been filled on an overtime basis since May 2024. Between May and December 2024, the DFR program was in service for a total of 374 hours. Drones responded to 540 calls for service and were first on-scene 68 percent of the time. The drone team handled 109 calls for service without the need for ground units.
DFR 1.0 systems are challenging to scale to multiple drone locations as each requires a visual observer, increasing personnel costs. The single-location deployment method
limits the ability to reach most of the city and is often cited as a frustration for drone operators. The proposed upgrade to “DFR 2.0” represents a significant technological advancement that allows a single pilot to operate multiple pre-positioned drones without requiring visual observers at individual launch sites. This next-generation system features:
Enhanced autonomous capabilities with automated flight paths Advanced airspace mitigation management through radar and Automatic Dependent Surveillance-Broadcast (ADS-B) technology
Automated battery replacement systems
Direct integration with the department’s Computer-Aided Dispatch (CAD) infrastructure
Increased flight range for each drone
The DFR 2.0 platform enables expanded drone coverage to the entire city while substantially reducing personnel requirements and associated costs.
Several California municipalities have already implemented DFR 2.0 systems with impressive results. The City of Elk Grove’s program utilized DFR 2.0 to respond to 149 calls for service in the first two months of 2025. The drone was first on scene 67% of the time, reducing response time by 75% on average. The Corona Police Department seeks to become Riverside County’s pioneer in adopting this innovative public safety technology.
ANALYSIS:
The Police Department seeks to develop a DFR program that seamlessly integrates with the agency's current technology. A DFR 2.0 program will provide improved technology while saving on personnel costs.
Flock Safety offers a DFR 2.0 program that bundles drones, docking stations, software, regulatory services, training, and warranties. The products offered in Flock’s program integrate seamlessly with one another and offer significant benefits that will allow for enhanced safety and efficiency in Corona when used in conjunction with technologies currently being used by the police department. Flock’s program includes the following:
• Drones and batteries
• Docking stations with automated battery swapping requiring only a two-minute downtime
• Software for the Real Time Information Center (RTIC) that allows piloting of the drones and ingests multiple technologies already in use by the police department such as Automatic License Plate Readers (ALPRs) and city cameras • Flight logging and analytics providing comprehensive records • Air traffic awareness module to ensure safe flights
• Training in remote drone operation and safe flights
• Advanced detect and avoid radar to avoid in-air collisions • Assistance with obtaining required FAA waivers to eliminate the need for visual observers
• Visual observers at two launch locations for 40 hours per week until waivers from the FAA are obtained
• Flock Real-Time computer operating system, allowing the coordination of multiple technologies in a single source
The Police Department is prepared to staff the program full-time with existing personnel and will repurpose existing funding to make it viable.
Basis for Determination of Competitive Bidding
Corona Municipal Code (CMC) Section 3.08.140 states that when the purchasing agent and the authorized contracting party, with the approval of the City Manager, determine that it is in the best interest of the city and its administrative operations to dispense with public bidding for non-public projects, any alternative procedure, including no bidding may be used.
Corona Police staff researched and tested DFR platforms provided by the following companies: DroneSense by Axon, BRINC, SkyDio, and Flock Safety. Staff found Flock Safety’s DFR system to be of superior quality and performance. Flock covers more miles per drone than its competitors at a lower cost per mile. Flock is also the only platform that offers automated battery swapping, significantly reducing downtime and saving on personnel costs. Additional benefits identified by staff with the Flock platform are the drones’ ability to fly at night, requiring only three locations for 100-percent city coverage, best-in-class camera systems, and leased equipment in a rapidly evolving area of law enforcement.
Based on the extensive research conducted, it is the opinion of staff that a formal Request For Proposal process is not in the best interest of the City, as it will not result in additional vendors able to provide the City with the desired capabilities of the products and services included in the Flock Safety package. The expenditure of time and money will not result in an outcome that is more advantageous to the City. Staff recommends that the City Council dispense with the formal request for proposal procedure and authorize the City Manager, or his designee, to execute an agreement with Flock Safety.
A new capital improvement project, DFR Infrastructure Upgrades, will be created to track the costs for infrastructure improvements to fully implement the DFR program. The appropriation request is $100,000 and will include funding for fiber internet installations, electrical and ethernet conduit, and a Civil Engineer review and installation of a radar deployment site.
ITEM FY 25 FY 26 FY 27 FY 28
Infrastructure Upgrades $100,000 $0 $0 $0
Drone 1 $0 $150,000 $150,000 $150,000
Drone 2 $0 $75,000 $75,000
Radar $0 $0 $157,133 $157,133
Flock Elite OS $0 $0 $0 $0
Hardware to Ingest City Camera Feeds $0 $13,800 $13,800 $13,800 SUBTOTAL BEFORE THE 3RD DRONE $0 $163,800 $395,933 $395,933 Drone 3 $150,000 $150,000 $150,000
SALES TAX 8.75% $27,458 $47,769 $47,769
TOTAL $100,000 $341,258 $593,702 $593,702
FINANCIAL IMPACT:
Funding for initial costs of the Drone as a First Responder (DFR) program is available through the cost savings from eliminating three (3) part-time Public Safety Dispatcher II Flex and two (2) full-time Public Safety Dispatch Call Taker positions. Approval of the recommended actions will result in a budgetary transfer in the amount of $100,000 from the salaries/benefits category in the Police Department’s operating budget to the newly created DFR Infrastructure Upgrades Capital Improvement Project within the General Fund 110 for required infrastructure upgrades to unmanned aerial vehicle launch sites and a radar deployment site.
The Police Department is taking a strategic approach to offset the costs of the Flock agreement over the 36-month term by eliminating vacant budgeted positions and reducing budget in other areas (e.g. Overtime and Air Support Program) to enhance organizational effectiveness.
The table below provides a comparative analysis of the costs associated with the agreement and the corresponding reductions made to the recurring items budget. This comparison highlights the financial adjustments implemented to accommodate the agreement's expenditures within the broader budget framework. Over the 36-month term, the Department is estimating cost savings of $14,000.
Fiscal
Year
Agreement
Year Cost Type Cost
Recurring
Budget Offset
Cost Increase /
(Savings)
FY 2025 N/A DFR Infrastructure Upgrades 100,000 (100,000) - FY 2026 Year 1 Annual Agreement 341,258 (447,530) (106,272) FY 2027 Year 2 Annual Agreement 593,702 (547,530) 46,172 FY 2028 Year 2 Annual Agreement 593,702 (547,530) 46,172 $ 1,628,662 $ (1,642,590) $ (13,928)
Funding in the amount of $341,258 for FY 2026 will be included in the FY 2026 Proposed Operating Budget within the General Fund 110. Funding for FY 2027 and FY 2028 will be recommended through the annual budget process.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action of direct enforcement is minimal and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: GARY GRIFFITTS, POLICE LIEUTENANT
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:
1. Exhibit 1 – DRONE RESPONSE SERVICES AGREEMENT WITH FLOCK
2. Exhibit 2 – FLOCK SAFETY SOLE SORCE LETTER
3. Exhibit 3 – DFR BUDGET BREAKDOWN
2024 Sole Source Letter for Flock Safety® Public Safety Solutions Flock Safety® ALPR Cameras
Flock Safety® is the sole manufacturer, developer, and distributor of Flock Safety Falcon®, Flock Safety Falcon® LR, Flock Safety Falcon® SR, Flock Safety Falcon® Flex, Flock Safety Sparrow®, and Flock Safety Wing® automated license plate recognition (“ALPR”) cameras.
Flock Safety Falcon®
● Fixed, infrastructure-free license plate recognition (“LPR”) cameras suitable for capturing two (2+) lanes of traffic simultaneously with a single camera from a vertical mass ● Includes Solar Falcon® option (next-gen platform standard range), which may cover up to three (3) lanes of traffic simultaneously
Flock Safety Falcon® LR
● Fixed, infrastructure-free long-range (“LR”) LPR, suitable for capturing three (3+) lanes of traffic simultaneously with a single camera from a vertical mass ● Includes Solar Falcon® LR option (next-gen platform LR) Flock Safety Falcon® SR
● Fixed, infrastructure-free short-range (“SR”) LPR with solar power capability, suitable for wide angle capture (i.e., parking lots or garages)
Flock Safety Falcon® Flex
● Location-flexible, infrastructure-free self-installation LPR camera with solar power option ● Ties seamlessly into the Flock Safety® ecosystem with a small and lightweight camera ● Ability to read up to 30,000 license plates and vehicle attributes on a single battery charge
Flock Safety Sparrow® LPR
● Infrastructure- and maintenance-free LPR for 24/7 neighborhood security Flock Safety Wing® LPR
● Integrates third-party LPR and video cameras into FlockOS® utilizing existing camera infrastructures
The Flock Safety® ALPR cameras listed above are the only Law Enforcement Grade ALPR cameras to offer the following combination of proprietary features:
● Vehicle Fingerprint Technology®
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data)
○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to “Save Search” based on description of vehicles using Flock’s patented Vehicle Fingerprint Technology® without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search,” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
● Integrated Cloud-Software & Hardware Platform
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 65W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
○ Utilizes motion trigger to start and stop recording without the need for a reflective plate
○ Motion detection allows for unique vehicle cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ All images and metadata is encrypted throughout its entire lifecycle from ondevice to storage in Flock’s US-based CJIS-compliant cloud ○ Covert industrial design for minimizing visual pollution ● Transparency & Ethical Product Design
○ One-of-a-kind “Transparency Portal,” a public-facing dashboard that details the customer’s policies, as well as automatically updates metrics from the Flock Safety® system
○ Built-in integration with National Center for Missing & Exploited Children (“NCMEC”) to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured ● Integrated Audio & Gunshot Detection
○ Ability to pair with Flock Safety Raven® audio detection device, which has natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) ● Live Video Integration
○ Ability to apply computer vision to third-party cameras using the Flock Safety Wing® LPR, transforming them into evidence capture devices using the same
Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras
○ Flock Safety Wing® livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, computer-aided dispatch (“CAD”), automatic vehicle location (“AVL”) on Flock Safety Wing® suite
● Situational Awareness
○ FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® LPR video cameras, including Flock Safety Condor™ live streaming fixed and Flock Safety Condor™ pan-tilt-zoom (“PTZ”) video cameras, and the Flock Safety Raven® audio detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center
○ Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
○ FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its direction of travel, providing users with possible outcomes based on a confidence threshold
● Warranty & Service
○ Lifetime maintenance and support included in subscription price ○ Flock Safety® is the only fully integrated ALPR one-stop solution from production of the devices to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
● Partnerships
○ Flock Safety® is the only LPR provider to officially partner with Axon® to be natively and directly integrated into Evidence.com®
○ Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of Axon Fleet® 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon® cameras
○ Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies ○ Through FlockOS®, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
○ Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
Flock Safety® Video Cameras
Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety Condor™ video cameras and Flock Safety Wing® video integration.
Flock Safety Condor™ Fixed
● Fixed, live, and record video ideal for building exteriors and city streets ● Available with AC or solar power
● Subscription-based live and recorded video solution, including hardware, cellular, installation, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video with pan-tilt-zoom (“PTZ”) controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep
● Improves safety with live and recorded video for enhanced situational awareness and case clearance
Flock Safety Condor™ PTZ
● Live and recorded video with remote PTZ controls ideal for open areas such as intersections or parks
● Subscription-based live and recorded video solution, including hardware, cellular, installation, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network setup, installation, or up-keep ● Improves safety with live and recorded video for enhanced situational awareness and case clearance
● Ability to “bundle” the Condor™ PTZ to create a multi-directional application for clear, comprehensive monitoring of urban environments like intersections and parking lots.
Flock Safety Wing®
● Allows customers to easily integrate video cameras into FlockOS® for a seamless workflow
● Ability to apply computer vision to third-party cameras, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® automated license plate recognition (“ALPR”) cameras ● Flock Safety Wing® livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ● Manage various government intelligence, including ALPR and livestream cameras, on Flock Safety Wing® suite
● Ability to access live and recorded video using Flock Safety Condor™
The Flock Safety® video cameras listed above are the only Law Enforcement Grade video cameras to offer the following combination of proprietary features:
● Vehicle Fingerprint Technology®
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to “Save Search” based on description of vehicles using Flock’s patented Vehicle Fingerprint Technology® without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search,” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
● Integrated Cloud-Software & Hardware Platform
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single device powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
○ Utilizes motion capture to start and stop recording without the need for a reflective plate
○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ All images and metadata is encrypted throughout its entire lifecycle from ondevice to storage in Flock’s US-based CJIS-compliant cloud ○ Covert industrial design for minimizing visual pollution ● Transparency & Ethical Product Design
○ One-of-a-kind “Transparency Portal,” a public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock Safety® system
○ Built-in integration with National Center for Missing & Exploited Children (“NCMEC”) to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured ● Integrated Audio & Gunshot Detection
○ Ability to pair with Flock Safety Raven® audio detection device, which has natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) ● Live Video Integration
○ Ability to apply computer vision to third-party cameras using the Flock Safety Wing® LPR video camera, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras
○ Flock Safety Wing® Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (“AVL”) on Flock Safety Wing® suite ○ Ability to access live and recorded video using Flock Safety Condor™, a subscription video solution which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep. ● Situational Awareness
○ FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® LPR video cameras, including Flock Safety Condor™ live streaming fixed and Flock Safety Condor™ PTZ video cameras, and the Flock Safety Raven® audio detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center
○ Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
○ FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its’ direction of travel providing users with possible outcomes based on a confidence threshold
● Warranty & Service
○ Lifetime maintenance and support included in subscription price ○ Flock Safety® is the only fully integrated ALPR one-stop solution from production of the device to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
● Partnerships
○ Flock Safety® is the only LPR provider to officially partner with Axon® to be natively and directly integrated into Evidence.com®
○ Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of Axon Fleet® 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon® cameras
○ Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies ○ Through FlockOS, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
○ Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
Flock Safety® Audio Detection Device
Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety Raven® audio detection device.
The Flock Safety Raven® is the only Law Enforcement Grade audio detection device to offer the following combination of proprietary features:
● Proprietary machine learning to analyze audio crime indicators such as gunshot detection
● Natively integrated audio and gunshot detection capabilities ● Covert industrial design for minimizing visual pollution ● Lifetime maintenance and support included in subscription price ● Wireless deployment with integrated cellular communication and able to be powered solely by a solar panel of 60W or less
● On device machine processing to limit LTE bandwidth consumption ● All images and metadata is encrypted throughout its entire lifecycle from on-device to storage in Flock’s US-based CJIS-compliant cloud
● Direct integration with Axon Evidence.com® (Flock is the only Axon® LPR integration partner)
● Share data across Law Enforcement Departments on a national level ● Performance monitoring software to predict potential failures and critical or minor issues ● Flock Safety® is the only fully integrated ALPR and audio detection one-stop solution from production of the audio devices or cameras to delivery and installation ● Flock Safety Raven® utilizes machine learning algorithms to analyze audio to determine if a gunshot has occurred, and the number of shots, helping officers determine if a single shot or multiple shots were fired. Flock Safety Raven® can detect the audio signature of fireworks using a proprietary machine learning system and identify the location that the fireworks occurred
● Direct integration with Flock Safety® ALPR cameras and Flock Safety® video cameras, which utilize patented proprietary machine vision to analyze vehicle license plate, state recognition, vehicle color, vehicle type, vehicle make and objects (roof rack, unique hubcap, etc.) based on image analytics (not car registration data) Partnerships:
● Flock Safety® is the only LPR provider to officially partner with Axon® to be natively and directly integrated into Evidence.com®
● Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of Axon Fleet® 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon® cameras
● Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies ● Through FlockOS®, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
● Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
Flock Safety® Drone-as-First Responder (“DFR”)
Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety® Drone-asFirst Responder and the Flock Safety® Drone Dock.
The Flock Safety® Drone-as-First Responder and the Flock Safety® Drone Dock are the only Law Enforcement Grade drone-as-a-first response and docking devices to offer the following combination of proprietary features:
● A fully remote, fully automated, multi-station, multi-drone, DFR platform capable of providing air support
● Improves safety by enabling a tele-operator to deploy a strategically positioned drone that can travel and arrive anywhere in the operational area within three (3) minutes ● Video live feed enables quick observation to a wide variety of issues and provides enhanced situational awareness for case clearance
● Designed to arrive on scene before patrol resources, which allows for a rapid response to high priority calls for service rendering it one of the most effective de-escalation tools ● All flight details are logged and any pictures/recordings during the flight can be viewed and downloaded for proper chain of evidence procedures
● Autonomous return and landing to Flock Safety® Drone IP55-rated docking station, which can withstand heat up to 120℉ and cold down to -5℉, as well as heavy rainfall and snow ● Best-in-class 1880p video range and connectivity to ensure safe operations anywhere in a 3.5 NM radius from each station
● Offers live and recorded video solutions, including hardware, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video
● Fifty-five (55) minute maximum flight time, 400 ft maximum ceiling, a fifty-three (53) MPH maximum horizontal speed, 400X Blended optical zoom, a 640 x 512 radiometric thermal camera allowing for 32X thermal zoom, a 1.86 mile laser rangefinder, and night vision ● Use data from all integrated interfaces, including computer-aided dispatch (“CAD”), gunshot detection systems, and automated license plate recognition (“ALPR”) systems. ● An all-in-one solution that includes all hardware (drone, payload), software, pilot, and permitting/waiver support
● Performance monitoring software to predict potential failures and critical or minor issues ● Enables the use of the existing Real Time Crime Center (“RTCC”) team with no additional staffing
● Ability to enhance situational awareness capacity by layering the Flock Safety® Drone feed onto the FlockOS® ESRI-based map and FlockOS®, the Flock Safety® public safety platform that unifies first and third-party data across LPR, video, and audio to deliver realtime intelligence ● Flight logs are automatically updated in the system, ensuring transparency by providing accessible, redacted flight data for community members
● Success metrics of the DFR program are displayed in real time on a public dashboard, illustrating its positive community impact through quantifiable results Partnerships:
● Flock Safety® is the only LPR provider to officially partner with Axon® to be natively and directly integrated into Evidence.com®
● Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of Axon Fleet® 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon® cameras
● Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies ● Through FlockOS®, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
● Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
Flock Safety® Software
Flock Safety® is the sole provider of the comprehensive monitoring, processing, and machine vision services, including FlockOS®, FlockOS® 911, Flock Safety® Traffic Analytics for Businesses, Flock Safety® Advanced Investigations Analytics, and Flock Safety® Traffic Analytics for Government, which integrate with the Flock Safety® ALPR cameras, Flock Safety® LPR video cameras, and the Flock Safety Raven® audio detection device, FlockOS®
● Public safety platform that unifies first and third-party data across LPR, video, and audio to deliver real-time intelligence
● FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® license plate recognition (“LPR”) video cameras, including Flock Safety Condor™ live streaming fixed and Flock Safety Condor™ pan-tilt-zoom (“PTZ”) video cameras, and the Flock Safety Raven® audio detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center ● Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
● FlockOS® features Flock Safety™ unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its’ direction of travel providing users with possible outcomes based on a confidence threshold
● Through FlockOS, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display relevant information from FirstTwo
FlockOS® 911
● Real-time 911 calls and caller-sourced media for enhanced situational clarity in MDTs and Real Time Crime Centers (“RTCCs”)
● FlockOS® is the only product on the market that works with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies directly Flock Safety® Traffic Analytics for Businesses
● Provides customers with actionable visitor insights from their LPR network to enhance marketing and operations efforts
Flock Safety® Advanced Investigations Analytics
● Allows customers to leverage their LPR network to expand theft and organized crime cases
Flock Safety® Traffic Analytics for Government
● Allows customers to unlock the potential of their LPR network for critical traffic management insights
Thank you,
Garrett Langley CEO, Flock Safety®
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Flock Safety + CA - Corona PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Larry Barsocchini
[email protected]
408.317.8617
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ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed Services Agreement entered into by the Parties on or about March 8, 2021 (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: City of Corona Initial Term: 36 Months
Legal Entity Name: City of Corona Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 730 Public Safety Way Corona, California
92878
Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $266,400.00
Flock Safety Flock OS
FlockOS™ Elite Package Included 1 Included
Flock Safety Drone Hardware and Services
Year 1
Flock Safety DFR 2.0 - 400ft Included 1 Included
Flock Safety DFR 2.0 - 200ft Included 1 Included
Year 2+
Flock Safety DFR 2.0 - 200ft Included 2 Included
Flock Safety Video Products
Flock Safety Video Integration VMS Included 600 Included Subtotal Year 1: $163,800.00
Annual Recurring Subtotal: $238,800.00
Discounts: $704,266.00
Estimated Tax: $0.00
Contract Total: $641,400.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Special Terms:
Flock Safety DFR 2.0 – 400ft – Promotion
In the first year of the Initial Term, Flock will provide Customer with complimentary use of radar [Flock Safety DFR 2.0 – 400ft]. Prior to the end of the first year, the Customer may elect to upgrade to Flock Safety DFR 2.0 – 400ft and execute a new Order Form outlining the engagement with option to increase the number of units based on the current price. The decision must be emailed in writing to the Flock Customer Success Manager assigned to the deployment at least sixty (60) days prior to the end of the first year of the Initial Term. If no selection, Flock will recover all equipment and software licenses related to DFR 2.0 - 400ft and Customer will operate at 200ft instead of 400ft, without use of radar. Customer's agreement will continue with the quantity of Flock Safety DFR 2.0 – 200ft indicated in the Order Form.
At such time that Customer obtains all necessary FAA regulatory waivers (see Section 1.2 below), Customer agrees to purchase an additional quantity of one (1) Flock Safety DFR 2.0 – 200ft for the duration of the Initial Term at the price specified per the Additional Flock Devices table below. For clarity, price
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for the additional purchase shall be pro-rated based upon the date of purchase as indicated on the Order Form for said purchase. At the expiration or termination of this Agreement, Flock will remove and uninstall all Flock Hardware.
Additional Flock Devices During Term of Agreement
Flock Safety Drone Hardware and Services Unit Price
Flock Safety DFR 2.0 - 200ft $150,000.00
Flock Safety DFR 2.0 - 400ft $307,133.00
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $163,800.00
Annual Recurring Year 2 $238,800.00
Annual Recurring Year 3 $238,800.00
Contract Total $641,400.00
Option: Upgrade for DFR 2.0 - 400ft
Recurring Annual After Year 1 - DFR 2.0 - 400ft $395,933.00 *Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $90,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Flock Safety Drone Hardware & Services $704,266.00
+ 1.5 Drones = 225,000
+ Radar = 157,133
+ Interface = 13,800
395,933
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Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety DFR 2.0 - 400ft
Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes drone, camera, batteries, batteryswapping dock, and radar unit. Software includes remote piloting, air traffic awareness, spectator view, mobile app, and community engagement dashboard. Services include FAA regulatory services, SOP development, training, and ongoing support.
Flock Safety DFR 2.0 - 200ft
Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes drone, camera, batteries, batteryswapping dock, 200ft ceiling with ADS-B. Software includes remote piloting, air traffic awareness, spectator view, mobile app, and community engagement dashboard. Services include FAA regulatory services, SOP development, training, and ongoing support.
FlockOS™ Elite Package
Distinguishing itself from traditional brick-and-mortar real-time crime centers (RTCCs) and other cloud-based solutions, FlockOS™ Elite is scalable and community-powered, offering a versatile, cloud-based RTCC platform.
Flock Safety Video Integration
VMS, fka Wing Integrates video streams into Flock OS for enhanced situational awareness
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PRODUCT ADDENDUM
UNMANNED AIR SUPPORT AS A SERVICE (UASaaS) PROGRAM
FOR DRONE RESPONSE SERVICES
WHEREAS, Customer has determined that it is in the interests of public safety for it to have the ability to utilize unmanned drones during crisis incidents, public emergencies, and in certain public safety operations, to the extent permitted by law;
WHEREAS, Flock is in the business of providing unmanned drone services (the unmanned drone services shall be considered part of the “Flock Services” as defined in the Terms) and Flock Hardware; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer and Flock agree as follows:
1. UNMANNED AIR SUPPORT GENERAL TERMS OF DELIVERY
1.1 Flock Services and Hardware. Flock shall provide access to Customer the Flock Services and related Flock Hardware (the “Flock Hardware”) listed on the Order Form upon the terms and conditions set forth in the Agreement. Flock maintains ownership of all the Flock Hardware. Each year, as specified in the Order Form, the Customer will be provided with sixteen (16) batteries. Customer may place an order for additional Flock Hardware (e.g., batteries prior to 500 complete charging cycles, hardware damaged due to Customer’s error, additional spares, etc.) at Flock’s then current list price, which will be made available to Customer upon request.
1.2 FAA Regulatory Waivers. Flock will assist Customer, at no additional cost to Customer, in acquiring any required Federal Aviation Administration (“FAA”) regulatory waivers.
1.3 Delivery. Flock shall make the Flock Hardware available to Customer at Customer’s delivery address set forth in the Order Form (“Delivery Point”). If for any reason Customer fails to accept delivery of the Flock Hardware by the date fixed pursuant to Flock's notice stating that the Flock Hardware is available at the Delivery Point: (i) Customer shall bear the risk of loss to the Flock Hardware; (ii) the Flock Hardware shall be deemed to have been delivered; and (iii) Flock, at its option, may store the Flock Hardware until collected by Customer, whereupon Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). Once the Flock Hardware is made available as the Delivery Point, Customer is responsible for any resulting use of the Flock Hardware by all Authorized Users and all third-parties who may gain access to the same.
1.4 Pilot Services. Upon Customer’s request, Flock will make available an employee or independent contractor pilot (each a “Pilot”) to Customer for purposes of operating the Flock Hardware (hereafter the “Pilot Services”), which is included in the pricing set forth in the Order Form. The Pilot Services shall be considered part of the Flock Services.
When operating the Flock Hardware, the Pilot shall comply with the reasonable requests of Customer. Such Pilot Services may be used for up to forty (40) hours per week during the Term. Customer’s use of the Pilot Services shall not alleviate any of Customer’s obligations set forth herein. Customer shall provide Pilots with a safe working environment when on Customer’s premises.
2. LOSS AND DAMAGE OF FLOCK HARDWARE
2.1 Customer assumes and shall bear the entire risk of loss, damage to, theft or destruction of, all Flock Hardware. LOSS OR DAMAGE TO THE FLOCK HARDWARE, OR ANY PART OF IT, SHALL NOT RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THE AGREEMENT. Customer’s obligations with respect to this Section shall commence upon delivery of the Flock Hardware.
2.2 Customer agrees to immediately notify Flock of any accident or event of loss or damage involving the Flock Hardware. The notification shall include any information as may be pertinent to Flock's investigation of such accident, loss, or damage, or which Flock may reasonably require.
3. FEES. The Order Form dictates the Flock Hardware, software, personnel, and Flock Services and the entire Flock Services corresponding fees. Customer shall pay the Fees as described on the Order Form.
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4. TERM. The term of this Agreement commences on the Effective Date of this Agreement and continues until terminated as provided under this Agreement (the “Term”). Each Order Form shall commence and expire and/or terminate according to the terms set forth in such Order Form. On expiration or termination of the Agreement, all licenses provided hereunder by Flock shall immediately expire.
5. FLOCK DRONE IP. Agency Data does not include, and Flock Drone IP (defined herein) expressly includes, any data to the extent processed by, resulting as an output of, or based on the usage of, the Flock Services, Flock Hardware, including, without limitation, data collected by Flock’s radar and radio frequency sensors.
Such Flock Drone IP shall be Flock’s Proprietary Information. Flock shall own all rights to (i) any data input into the Flock Services, Flock Hardware by or on behalf of Flock (not including any Agency Data) and (ii) any aggregated and anonymized data extracted or derived from the Flock Services, or use of the Flock Hardware, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data, flight logs and flight history, telemetry data and logs, fleet information including drone serial numbers and models, connected device information including radar data concerning the surrounding airspace, and other aggregated and anonymized data collected from user data and files (collectively, “Flock Drone IP”). Without limiting the generality of the foregoing, Flock reserves the right to create and market public indexes, analysis or insights created from such data. Customer agrees that it will not share, sell, transfer, or make available any data generated by the Flock Hardware, including all Flock Drone IP to which it may have access, to any third party without the prior express written consent of Flock
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SCHEDULE A
SERVICES
Flock makes no warranties regarding the efficacy of the training detailed below. Flock shall provide the training and services described in this Schedule A at no additional cost to Customer.
1. AIRWORTHINESS TRAINING
Flock will make commercially reasonable efforts to provide training for the Customer to maintain the airworthiness of its drones, including compliance-related trainings.
Except for the Pilot Services provided pursuant to Section 1.4 of this Agreement, Customer shall be responsible for ensuring that all crew, including pilot in command, visual observer, sensor or payload operator, or other persons necessary for the safe operation of the flight have the qualifications, experience, licenses, and certificates required by applicable FAA regulations and that all have the necessary skill required to perform their duties. After completion of training, Customer will be responsible for maintaining the airworthiness of drones to which Customer is responsible and the ensuring that the respective operations are in line with all applicable laws and regulations.
The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer.
2. FLIGHT TRAINING
Flock will assist the Customer in obtaining FAA BVLOS waivers and train the Customer on compliance matters related to such waivers. Flock will start with one deployment location at a time, and work up to the agreed upon number of deployment locations for all UAS. As part of the BVLOS process, Flock will provide training materials to the Customer to certify all employees of the Customers selected as Visual Observers (“VOs”) to help aid in BVLOS operations.
Flock will provide training to officers on how to utilize the Flock IP. This will consist of:
● Showing how to access Flock on their respective internet devices ● Showing how to view a live stream through the application ● Showing how to control the drone using the application ● Showing how to report problems if they come across them on the application The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer.
3. FLOCK HARDWARE TRAINING
There will also be training for the Customer to use the Flock Hardware. This training will consist of:
● Discussing maintenance list for the drone, and how to maintain airworthiness ● Teaching how to fly the drone autonomously using the Flock IP ● Teaching how to fly the drone manually using the remote controller The training will be conducted via both online and in-person methods, as agreed upon by both parties. The frequency and duration of training will be mutually decided and scheduled to the convenience of the Customer.
4. DEPLOYMENT SUPPORT
Flock will teach the Customer how to dispatch the Flock Hardware using the software for 911 calls.
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Only personnel authorized by Customer may have access to the livestream from the drone. They will also be taught on how to use Flock’s software to view said stream on any internet-connected device.
Authorized personnel may have access to the Flock IP, which can convey the current status of the drone, and how to tell the drone to conduct additional maneuvers if needed.
All operations must be conducted by a Pilot in Command (“PIC”), who is an FAA-certified pilot. Except for the Pilot Services provided by Flock pursuant to Section 1.4 of this Agreement, Customer will provide the PICs needed to sustain this program.
Flock will assist in drafting a Standard Operating Procedure (“SOP”) as well as department policies regarding access, deployments, privacy, and community engagement.
Flock will ensure correct implementation of each Flock station and its included Flock Hardware which may or may not include the aircraft, on-prem servers, charging dock installations, radars, and more. The parties will develop an installation plan that is mutually agreeable to both parties, which plan shall become part of this Agreement.
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SCHEDULE B
SPECIFICATIONS
Customer must abide by the following standards:
Operational:
● Per FAA regulations, and without the necessary waiver, a minimum of one pilot is required to operate each drone.
● Work with Flock to get BVLOS waivers for the city to fully use Flock’s product and services. ● Train members of the city to be VOs so that the Customer can have FAA-compliant and safe BVLOS operations (Flock will provide training material if needed). ● If Customer wants to connect Flock’s software to their Computer Aided Dispatch (“CAD”) system, Customer will provide access to said CAD system at no cost to Flock to location information and other pertinent information about calls-for-service as they are placed. ● Flock will provide their Flock software interface to command the Flock Hardware. Customer must independently access and store any personal information about calls-for-services other than their location and the type of response (police, fire, or EMS) they prompted.
Customer shall be responsible to integrate with CAD software to pull location information and call type information of every call-for-service that the Customer decides the drone should be deployed to, so long as there are no monetary charges to Flock for said integration.
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SCHEDULE C
Data Sharing & Integration Clause
1. Data Sharing Requirements
FLOCK agrees to provide Corona PD with real-time access to drone-generated data (to the extent that Axon Fusus is capable of ingesting said data), including but not limited to:
a. Video Feed – Live-streaming and recorded footage from deployed drones. b. Location Data – GPS coordinates and flight path tracking. c. Telemetry Data – Altitude, speed, heading, and battery levels.
2. Data Format & Transmission
a. FLOCK shall ensure that all data is transmitted in an industry-standard format. b. Data shall be transmitted via a secure API, cloud-based integration, or direct streaming protocol. c. FLOCK will provide necessary API documentation, credentials, and access to enable seamless data integration to Corona PD.
3. Real-Time Access & Availability
a. FLOCK shall ensure Axon Fusus has continuous real-time access to the data with minimal latency.
b. Data transmission shall be maintained with an uptime of at least 99.9%, except for scheduled maintenance or unforeseen outages.
c. In the event of a service disruption, FLOCK shall notify Corona PD within a commercially reasonable time, not to exceed one (1) business day, and provide an estimated resolution time.
4. Security & Compliance
a. All shared data shall be encrypted in transit and at rest to meet industry security standards. b. FLOCK shall comply with all applicable FAA, GDPR, CJIS, and other relevant data privacy and security regulations.
c. Access credentials and API keys shall be restricted to authorized personnel and rotated periodically to ensure security.
5. Support & Maintenance
a. FLOCK shall provide ongoing technical support to ensure uninterrupted data sharing and integration with Axon Fusus.
b. Both parties shall designate technical points of contact for troubleshooting and issue resolution. c. To the extent commercially practicable, any API or software updates that affect data transmission shall be communicated to Customer at least 30 days in advance. In cases where it is not commercially practicable to provide such notice thirty (30) days in advance, FLOCK shall provide notice as soon as reasonably possible under the circumstances.
6. Ownership & Usage Rights
a. FLOCK acknowledges that all Customer Data shall be owned by Corona PD and can be shared with Axon Fusus for real-time situational awareness.
b. Any restrictions on data retention, sharing, or analysis shall be outlined in the Terms.
7. Breach & Termination
a. Failure to comply with the data-sharing obligations may result in termination upon thirty (30) days written notice.
b. In the event of termination, FLOCK shall provide Corona PD with a final data transfer within seven (7) business days to ensure operational continuity.
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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CITY OF CORONA
By:
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By:
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Name:
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Name:
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Title:
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Title:
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Date:
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Date:
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PO Number:
ITEM FY 25 FY 26 FY 27 FY 28
Infrastructure
Upgrades
$100,000 $0 $0 $0
Drone 1 $0 $150,000 $150,000 $150,000
Drone 2 $0 $75,000 $75,000
Radar $0 $0 $157,133 $157,133
Flock Elite OS $0 $0 $0 $0
Hardware to Ingest
City Camera Feeds
$0 $13,800 $13,800 $13,800
SUBTOTAL BEFORE
THE 3RD DRONE
$0 $163,800 $395,933 $395,933
Drone 3 $150,000 $150,000 $150,000
SALES TAX 8.75% $27,458 $47,769 $47,769
TOTAL $100,000 $341,258 $593,702 $593,702
DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
Honorable President and Board Members
FROM: Utilities Department
2025-147
REQUEST FOR CITY COUNCIL AND
CORONA UTILITY AUTHORITY ACTION
SUBJECT:
TERMINATE CONTRACTED EMERGENCY TRANSMISSION WATER MAIN AND PARKING LOT REPAIRS AT 515 SOUTH PROMENADE AVENUE AND RATIFY
MAINTENANCE/GENERAL SERVICES AGREEMENTS WITH MERLIN JOHNSON CONSTRUCTION, INC. AND CT&T CONCRETE PAVING, INC. FOR THE REPAIRS EXECUTIVE SUMMARY:
This staff report asks the City Council to terminate the emergency action as the work has been completed and to ratify the Maintenance/General Services Agreements with Merlin Johnson Construction, Inc. and CT&T Concrete Paving, Inc. in the amount of $110,909.23 and $95,243.54, respectively, for the repairs at 515 South Promenade Avenue.
RECOMMENDED ACTION:
That the City Council:
a. Terminate the emergency action for contracted emergency transmission water main line break and parking lot repairs at 515 South Promenade Avenue pursuant to Corona Municipal Code (CMC) Section 3.08.130(A).
b. Ratify the Maintenance/General Services Agreement with Merlin Johnson Construction, Inc. of Mentone, CA, in the amount of $110,909.23, including any
non-substantive extensions, change orders, purchase orders, and amendments up to the amount authorized in Corona Municipal Code (CMC) Section 3.08.060(J), which is equivalent to 10% or $11,090.92, for performing the emergency repair of the transmission water line at 515 South Promenade Avenue. c. Ratify the Maintenance/General Services Agreement with CT&T Concrete Paving, Inc. of Diamond Bar, CA, in the amount of $95,243.54, including any nonsubstantive extensions, change orders, purchase orders, and amendments up to the amount authorized in Corona Municipal Code (CMC) Section 3.08.060(J), which is equivalent to 10% or $9,524.35, for parking lot asphalt and concrete repairs at 515 South Promenade Avenue.
That the Corona Utility Authority review, ratify, and to the extent necessary, direct the City Council to take the above actions.
BACKGROUND & HISTORY:
On March 6, 2025, at approximately 4:00 p.m., the City of Corona Utilities Department responded to a water main break. A thirty-inch diameter transmission water main line at South Promenade Avenue, south of Sampson Avenue, experienced a significant failure.
The thirty-inch cross-town transmission water main provides water to the Home Gardens and Zone 2 service areas.
On March 19, 2025, the City Council was formally notified of the contracted emergency repairs related to the transmission water main line break on South Promenade Avenue pursuant to Corona Municipal Code (CMC) Section 3.08.130(A).
On April 2, 2025, the City Council was formally notified of the bids solicited for the asphalt and concrete repairs on the parking lot related to the transmission water main line break.
ANALYSIS:
Due to the emergency nature of the situation, staff contacted multiple contractors with experience in water main repairs and the adequate equipment to respond to a water-main failure of this magnitude. The Utilities Department (UD) contacted the City’s on-call contractors, but they did not have the proper equipment. Merlin Johnson Construction, Inc. was selected based on their immediate availability and proper equipment such as an excavator capable of reaching the broken transmission water main 25-30 feet deep underground to perform the repairs.
Merlin Johnson Construction, Inc. successfully completed the emergency repairs between March 6, 2025, and March 12, 2025, and provided the following costs to the City following the completion of the work:
Item Scope of Work Cost
1 3/6/2025–3/7/2025 - 30” CML&C water main leak. Mobilize, excavate and repair, backfill, compaction and clean up
$63,626.07
2 3/8/2025 - Continue backfill, compaction and clean up $24,045.16 3 3/10/2025 - Completed backfill and clean up. Re-installed City material – 18” & 6” Storm Drain
$17,316.61
4 3/11/2025 - Unload Material, buckets, etc. @ MJC yard $432.19 5 3/12/2025 - Demobilize all equipment $1,899.85
6 3/3/28/2025 – Payment Bond and Licensing $3,589.35
Total Repair Cost $110,909.23
The water main line break caused significant damage to the parking lot at 515 South Promenade. The Utilities Department (UD) solicited an informal bidding to four qualified contractors experienced in asphalt and concrete repairs and moved forward with CT&T Concrete Paving, Inc. as they were the lowest responsive bidder with the following quote:
Item Scope of Work Unit Quantity Cost Subtotal
1 Mobilization/Demobilization LS 1 $5,665 $5,665
2 Concrete Slab Installation CY 107 $516.74 $55,291.18
3 Removal of existing damaged
asphalt
CY 36 $184.73 $6,650.28
4 6” Thick Asphalt Placement and
Backfill
Sq Ft 1,904 $8.22 $15,650.88
5 Remove and Replace Planter
Curb
FT 40 $90.16 $3,606.40
6 Remove and Replace Gutter CY 5 $704.88 $3,524.40
7 Catch Basin – Cut & Adjust as
necessary
LS 1 $1,089 $1,089
8 Paint striping as needed per
exhibit (Asphalt Area)
LS 1 $2,662 $2,662
9 Utility Adjustment: 2 potable
water manholes and 1 valve lid
LS 1 $1,104.40 $1,104.40
Total Repair Cost $95,243.54
CT&T Concrete Paving, Inc. completed the parking lot restoration to minimize the adverse impact to the business at 515 South Promenade Avenue.
BASIS FOR EXCEPTION TO COMPETITIVE BIDDING:
Staff believes that an exception to competitive bidding was warranted for this action pursuant to Corona Municipal Code Section 3.08.130(A), which states as follows:
(A) Emergencies. In situations determined by the City Manager to constitute an emergency for a public project pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $175,000, pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. Emergency expenditures of more than
$175,000 shall first be approved by the City Council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
For projects of more than $45,000, a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by § 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.
Staff believes the emergency repair of the 30-inch transmission water main line and the restoration of the parking lot meets the definition of emergency as the immediate repair of the water main and parking lot asphalt and concrete at 515 South Promenade Avenue was essential to limit the impact on the business.
Staff requests that City Council terminate the emergency action for contracted emergency transmission main line and parking lot repairs as the work has been completed.
FINANCIAL IMPACT:
Funding for the recommended actions is available in the Waterline Infrastructure Operating and Maintenance Project No. 71930 within the Water Utility Fund 570.
ENVIRONMENTAL ANALYSIS:
This action is categorically exempt pursuant to Section 15302 (c) of the Guidelines for the California Environmental Quality Action (CEQA), which states that “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the CEQA determination” and is therefore exempt from CEQA. This action involves repairs to existing infrastructure to maintain public health and safety. Therefore, is exempt from the requirements of CEQA, and no environmental analysis is required.
PREPARED BY: AFTAB HUSSAIN, ASSISTANT UTILITIES DIRECTOR REVIEWED BY: TOM MOODY, UTILITIES DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – MGSA with Merlin Johnson Construction, Inc.
2. Exhibit 2 – MGSA with CT&T Concrete Paving, Inc.
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CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MERLIN JOHNSON CONSTRUCTION, INC.
(EMERGENCY TRANSMISSION WATER MAIN REPAIR – EMERGENCY REPAIR AT 515 N. PROMENADE AVE PROJECT)
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of May, 2025 by (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Merlin Johnson Construction, Inc. a California corporation with its principal place of business at 1214 Sapphire Ave. Mentone, CA 92359, with a mailing address of PO Box 777 Mentone, CA 92359 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing emergency transmission water main repair services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the emergency repair at 515 N. Promenade Ave. project (“Project”) as set forth in this Agreement.
2.3 Corona Utility Authority.
Contractor understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).
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3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional emergency transmission water main repair maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 6, 2025 to March 12, 2025 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely Docusign Envelope ID: 862B46C2-E1F6-4B55-B99A-1C339DC436D1 Docusign Envelope ID: 417C4C75-FE45-4C85-B8C5-FEC23086187B
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manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Tom Moody, Utilities Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Merlin Johnson, 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. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
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3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or 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. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
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3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or
3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB).
Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by CARB Docusign Envelope ID: 862B46C2-E1F6-4B55-B99A-1C339DC436D1 Docusign Envelope ID: 417C4C75-FE45-4C85-B8C5-FEC23086187B
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including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, Docusign Envelope ID: 862B46C2-E1F6-4B55-B99A-1C339DC436D1 Docusign Envelope ID: 417C4C75-FE45-4C85-B8C5-FEC23086187B
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either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
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(B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best’s rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services Docusign Envelope ID: 862B46C2-E1F6-4B55-B99A-1C339DC436D1 Docusign Envelope ID: 417C4C75-FE45-4C85-B8C5-FEC23086187B
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until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or Docusign Envelope ID: 862B46C2-E1F6-4B55-B99A-1C339DC436D1 Docusign Envelope ID: 417C4C75-FE45-4C85-B8C5-FEC23086187B
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conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred Ten Thousand Nine Hundred and Nine Dollars and Twenty-Three Cents ($110,909.23) (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
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Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“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 and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
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Contractor:
Merlin Johnson Construction, Inc.
1214 Sapphire Ave.
Mentone, CA 92359
Mailing Address:
PO Box 777
Mentone, CA 92359
Attn: Merlin Johnson
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody, Utilities Director
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 the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any Docusign Envelope ID: 862B46C2-E1F6-4B55-B99A-1C339DC436D1 Docusign Envelope ID: 417C4C75-FE45-4C85-B8C5-FEC23086187B
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subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also 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 subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
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3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MERLIN JOHNSON CONSTRUCTION, INC.
(EMERGENCY TRANSMISSION WATER MAIN REPAIR – EMERGENCY REPAIR AT 515 N. PROMENADE AVE PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Tom Moody
Utilities Director
Reviewed By: _________________________
Katie Hockett
Assistant Utilities Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards, City Clerk
City of Corona
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MERLIN JOHNSON CONSTRUCTION, INC.
(EMERGENCY TRANSMISSION WATER MAIN REPAIR – EMERGENCY REPAIR AT 515 N. PROMENADE AVE PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
MERLIN JOHNSON CONSTRUCTION, INC.
a California corporation
By: _________________________
Merlin Johnson
President
By: _________________________
Diane Johnson
Secretary/Treasurer
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional emergency transmission water main repair services necessary for the Project. The Services are more particularly described herein.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.
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EXHIBIT “C”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
Total Compensation shall not exceed $110,909.23 without authorized written approval of the City Representative.
PURSUANT TO SECTION 3.2.12 ABOVE, A PAYMENT BOND VALUED AT ONE HUNDRED PERCENT OF THE “TOTAL COMPENSATION” AMOUNT SPECIFIED IN SECTION 3.3.1 SHALL BE REQUIRED FOR THIS PROJECT.
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CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH CT&T CONCRETE PAVING, INC.
(CONCRETE REPAIR SERVICES - PROMENADE AVENUE EMERGENCY
CONCRETE REPAIR PROJECT)
1. PARTIES AND DATE.
This Agreement is made and entered into this 20th day of March, 2025 by (“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and CT&T Concrete Paving, Inc., a California corporation with its principal place of business at 324 S. Diamond Bar Blvd, PMB 275, Diamond Bar, CA 91765 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance or other general services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Concrete Repair services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Promenade Avenue Emergency Concrete Repair project (“Project”) as set forth in this Agreement.
2.3 Corona Utility Authority.
Contractor understands that the City has entered into a Water Enterprise Management Agreement and a Wastewater Enterprise Management Agreement, both dated as of February 6, 2002, with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of those utility systems (collectively, the “CUA Management Agreements”). To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, City enters into this Agreement on behalf of the CUA and subject to the terms of the applicable CUA Management Agreement(s).
3. TERMS.
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3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Concrete Repair maintenance or other general services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 18, 2025 to June (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
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3.2.3 Conformance to Applicable Requirements. All Services performed by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Tom Moody, Utilities Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Jose Carvajal, 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. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor agrees that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Docusign Envelope ID: 3BAA3CCF-8ADA-4AD1-A2F1-B7D96049F5CA
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Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or 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. If the Contractor performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work or Docusign Envelope ID: 3BAA3CCF-8ADA-4AD1-A2F1-B7D96049F5CA
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Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.9.1 or
3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB).
Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by CARB including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
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Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Contractor commences any Services under this Agreement, Contractor shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
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and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Contractor.
(C) All Coverages. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Contractor. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Other Provisions; Endorsements Preferred. Contractor shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Contractor:
(A) Waiver of Subrogation – All Other Policies. Contractor hereby waives all rights of subrogation any insurer of Contractor’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Contractor shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of Docusign Envelope ID: 3BAA3CCF-8ADA-4AD1-A2F1-B7D96049F5CA
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such actions to the City within two (2) business days from date of receipt by Contractor.
Contractor understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.5 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.7 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best’s rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.10.10 Sub-Contractors. All subcontractors shall comply with each and every insurance provision of this Section 3.2.10. Contractor shall therefore not allow any subcontractor to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Agreement.
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3.2.10.11 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Contractor shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the Total Compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the Total Compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
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3.2.12.4 Surety Qualifications. The bonds must be provided by a surety which is satisfactory to the City and which meets either of the following criteria: (1) a surety with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted surety insurer in California; or (2) a surety with a current A.M. Best’s rating no less than A-:X and authorized to issue the required bonds in California. If a surety does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.13 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Ninety-Five Thousand Two Hundred Forty-Three Dollars and Fifty-Four Cents ($95,243.54) (“Total Compensation”) without the written approval of the City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
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3.3.5 Prevailing Wages. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“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 and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no contractor or subcontractor may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may obtain a copy of the prevailing wages from the City’s Representative. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the services being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Contractor employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
Contractor:
CT&T Concrete Paving, Inc.
324 S. Diamond Bar Blvd., PMB 275
Diamond Bar, CA 91765
Attn: Jose Carvajal
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Tom Moody, Utilities Director
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 the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to Docusign Envelope ID: 3BAA3CCF-8ADA-4AD1-A2F1-B7D96049F5CA
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insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.6.1 Subcontractors; Assignment or Transfer. Contractor shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Contractor shall also 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 subcontract or take any other action not authorized herein shall be null and void, and any subcontractors, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.5.6.2 Corona Utility Authority. To the extent that this Agreement is deemed to be a "material contract" under either of the CUA Management Agreements, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or nonexistence of either or both of the CUA Management Agreements. Therefore, if an applicable CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement with the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.
3.5.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any Docusign Envelope ID: 3BAA3CCF-8ADA-4AD1-A2F1-B7D96049F5CA
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term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.12 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
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3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
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CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH CT&T CONCRETE PAVING, INC.
(CONCRETE REPAIR SERVICES - PROMENADE AVENUE EMERGENCY
CONCRETE REPAIR PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Jacob Ellis
City Manager
Reviewed By: _________________________
Tom Moody
Utilities Director
Reviewed By: _________________________
Aftab Hussain
Assistant Utilities Director
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
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CONTRACTOR’S SIGNATURE PAGE FOR
CITY OF CORONA
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH CT&T CONCRETE PAVING, INC.
(CONCRETE REPAIR SERVICES - PROMENADE AVENUE EMERGENCY
CONCRETE REPAIR PROJECT)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CT&T CONCRETE PAVING, INC.
a California corporation
By: _________________________
Jose Carvajal
President/ Secretary
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EXHIBIT “A”
SCOPE OF SERVICES
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional concrete repair services necessary for the Project. The Services are more particularly described herein.
Concrete Slab Installation – Previous concrete was removed during sewer main emergency repair and only the base is in place; new concrete shall be installed. Gutter, Curb and Asphalt Replacement – Replace and match existing gutter, curb and asphalt that were damaged.
Catch Basin Adjustment – Existing catch basin needs to be cut and adjusted, as necessary.
Project Specifications:
Concrete Slab with Laser Screed – 5,757 sq. ft. @ 6 inches thick (Type II/V PCC), with joints spaced 12-18 feet apart and 1.5" saw cut joints. Concrete class 560-C-3250. (Approx. 107 cubic yards)
Gutter – 3 ft x 91 ft @ 6 inches thick (approx. 5 cubic yards). Asphalt Paving –1,904 sq. ft. @ 6 inches thick, asphalt class PG 70-10, with a cap of PG 70-10 and 1/2" aggregate. Saw cut, remove and dispose of damaged asphalt pavement.
Replace pavement surface to match existing. and replace any striping/ pavement markings.
Planter Curb – 40 ft long.
Catch Basin – Adjust based on attached drop inlet section (Exhibit B) Additional Requirements:
Work shall conform to City Standards and Standard Plan 150. Prevailing wages are required.
If the estimated bid exceeds $25,000, a performance bond is required. The construction area must be left clean and free of all debris upon completion. Attached are Exhibit A (photos of the current site conditions) and Exhibit B (estimate plan drawing, not to scale).
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor shall complete the Services within the Term of this Agreement, and shall meet any other reasonable schedules and deadlines established by City’s Representative.
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EXHIBIT “C”
COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
PURSUANT TO SECTION 3.2.12 ABOVE, A PAYMENT BOND VALUED AT ONE HUNDRED PERCENT OF THE “TOTAL COMPENSATION” AMOUNT SPECIFIED IN SECTION 3.3.1 SHALL BE REQUIRED FOR THIS PROJECT.
Docusign Envelope ID: 3BAA3CCF-8ADA-4AD1-A2F1-B7D96049F5CA
DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2025-163
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
CONSTRUCTION CONTRACT WITH ALFREDO BALANDRA DBA BALANDRA DEMOLITION IN THE AMOUNT OF $379,000 FOR THE NORTH MALL PROPERTIES DEMOLITION – PHASE 1 PROJECT; NOTICE INVITING BIDS 25-043SB EXECUTIVE SUMMARY:
This staff report asks for the City Council to approve the Construction Contract with Alfredo Balandra DBA Balandra Demolition. The project consists of the demolition of two (2) commercial buildings, consisting of six (6) commercial units, within the southeast quadrant of the North Corona Mall.
RECOMMENDED ACTION:
That the City Council:
a. Adopt the Specifications for the North Mall Demolition Properties – Phase 1 Project, Notice Inviting Bids 25-043SB.
b. Award Notice Inviting Bids 25-043SB, to Alfredo Balandra DBA Balandra Demolition, the lowest responsive, responsible bidder, for the total bid amount of $379,000 and waive any and all minor irregularities in the bidding document as submitted by said bidder.
c. Approve the Construction Contract with Alfredo Balandra DBA Balandra Demolition for the demolition of the North Mall Properties – Phase 1 Project in the amount of $379,000.
d. Authorize the City Manager, or his designee, to execute the Construction contract with Alfredo Bandara DBA Balandra Demolition in the amount of $379,000, including any non-substantive extensions, change orders, purchase orders, and amendments up to 10% of total contract cost or $37,900 as authorized in Section
3.08.050(H) of the Corona Municipal Code.
e. Authorize the City Manager, or his designee, to issue a purchase order to Alfredo Balandra DBA Balandra Demolition in the amount of 379,000. f. Authorize an appropriation in the amount of $473,750 from the Measure X Fund 120 to the North Corona Mall Acquisitions and Improvements Project, No. 78390.
BACKGROUND & HISTORY:
The North Mall Demolition Project (Project) generally consists of the demolition of two (2) commercial buildings, consisting of six (6) commercial units, within the southeast quadrant of the North Corona Mall. This includes, but is not limited to, utility disconnection/ removals, abatement of hazardous materials, miscellaneous removals, and, as necessary, fill and compaction necessary to clear the site and leave the existing pad flush to surrounding asphalt/ grade surface elevations.
On October 24, 2024, the City accepted Ninyo and Moore’s proposal for Hazardous Material Testing for the first phase of demolition of the North Mall properties. The project is part of the Downtown Revitalization Plan and will contribute to further improvements and economic development within the City’s downtown area.
ANALYSIS:
This Project was advertised for bids on February 4, 2024, pursuant to Corona Municipal Code Section 3.08.090, Public projects-formal bidding procedure requirements. On March 6, 2025, eleven (11) bids were received from contractors through the PlanetBids bidding service.
The following is a summary of the bid results and the Engineer’s Estimate:
Contractor Location Bid Schedule
Amount
Engineer’s Estimate $465,000
1 Alfredo Balandra DBA Balandra
Demolition
Wildomar, CA $379,000
2 AD Improvements Downey, CA $391,920
3 Estate Design and Construction,
Inc.
Los Angeles, CA $411,000
4 Unlimited Environmental, Inc. Santa Fe Springs, CA $453,600 5 Interior Demolition, Inc. Newhall, CA $484,000
6 Integrated Demolition and
Remediation, Inc.
Anaheim, CA $547,000
7 Clauss Construction Lakeside, CA $609,755
8 J&G Industries, Inc. Fountain Valley, CA $618,260
9 AMPCO Contracting, Inc. Irvine, CA $690,000
10 Silverado Contractors, Inc. Chino, CA $695,000
11 AVA Builders North Hollywood, CA $898,000
FINANCIAL IMPACT:
Approval of the recommended actions will result in an appropriation in the amount of $473,750 from the Measure X Fund 120 to the North Corona Mall Acquisitions and Improvements Project, No. 78390.. There is sufficient fund balance available in the Measure X Fund 120 for the recommended actions.
The estimated construction cost for this project is outlined as follows:
Construction
…………………………………………………………………………………………….
$379,000
Construction Support (Inspection, materials testing, staff time -15%) …………………. $56,850
Contingency (10%)
……………………………………………………………………………………….$37,900
Total Construction Cost
………………………………………………………………………… $473,750
ENVIRONMENTAL ANALYSIS:
This action is categorically exempt pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt if the project involves demolition or removal of individual small structures. In urbanized areas, the exemption applies to the demolition of up to three such commercial buildings on sites zones for such use. A Notice of Exemption will be filed with the County of Riverside.
PREPARED BY: KEVIN HANNA, ASSISTANT PROJECT MANAGER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – Location Map
2. Exhibit 2 – Construction Contract
CITY OF CORONA
PUBLIC WORKS DEPARTMENT
EXHIBIT 1 - LOCATION MAP
CA\DD\02000.50111\10151761.2 1 (UPDATED: 01-19)
THIS CONTRACT is made this _____ day of ________________, 2025, in the County of Riverside, State of California, by and between the City of Corona, hereinafter called City, and Alfredo Balandra dba Balandra Demolition. hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
NORTH MALL PROPERTIES DEMOLITION PROJECT – PHASE I - NIB 25-043SB The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. A Move-in period of 15 calendar days shall start on the date of issuance of the Notice to Proceed. This period shall be used by the Contractor to confirm utility locations, turn in project submittals or other supporting documentation for approval and procure the necessary material and equipment to complete the Work. The Work shall commence on the last day of the Move-in period or the first Working Day the Contractor actually starts the Work, whichever occurs first. The Contractor shall complete all Work required by the Contract Documents within 85 Working Days. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred and Seventy-Nine Thousand Dollars ($379,000.00) Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Contract
Performance Bond
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Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor is aware of the prevailing wage requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor and its subcontractors shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Contractor and its subcontractors shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. It is most efficient for the Contractor to obtain a copy of the prevailing wages in effect at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may obtain a copy of the prevailing wages from the City. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9. ASSIGNMENT/CORONA UTILITY AUTHORITY. Contractor understands that the City has entered into a management agreement with the Corona Utility Authority (“CUA”) for the maintenance, management and operation of some of its utility system (“CUA Management Agreement”). To the extent that this Contract is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Contract on behalf of the CUA and subject to Docusign Envelope ID: FA8E2427-11AF-4D9D-9A99-38433B9E97D6 Docusign Envelope ID: 9984F248-CFF4-4A9E-9D64-22B4BE615256
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the terms of the CUA Management Agreement. To the extent that this Contract is deemed to be a "material contract" under the CUA Management Agreement, Contractor has no right to terminate this Contract, either with or without cause, based upon the existence or non-existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Contract on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the applicable utility system.
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF CORONA
By:
______________________________
Savat Khamphou, PE
Public Works Director
Reviewed By:
______________________________
Javier Luna, PE
CIP Manager
Reviewed By:
______________________________
Yasmin Lopez
Purchasing Manager
Attest:
______________________________
Sylvia Edwards, City Clerk
City of Corona, California
ALFREDO BALANDRA DBA BALANDRA
DEMOLITION
Sole Proprietorship
By:
______________________________
Signature
Alfredo Balandra
Owner
781942______
License Number
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DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2025-141
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 84-2, ZONE 14, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider staff’s recommendation to appoint Spicer Consulting Group, LLC to prepare the Engineer's Report necessary to levy and collect special assessments for Fiscal Year (FY) 2026 for Landscape Maintenance District No. 84-2, Zone 14. Landscape Maintenance District No. 84-2 was established in 1983 in accordance with the provisions of the Landscaping and Lighting Act of 1972 to provide maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district boundaries. The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the Landscape and Lighting Act of 1972.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2025-024, initiating proceedings to levy and collect assessments for FY 2026 for Landscape Maintenance District No. 84-2, Zone 14 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
BACKGROUND & HISTORY:
Landscape Maintenance District No. 84-2 (LMD 84-2) was established in 1983 in accordance with the provisions of the Landscape and Lighting Act of 1972 (the 1972 Act).
The purpose of this district was to provide the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district boundaries.
LMD 84-2 consists of 12 benefit zones. Each zone imposes a different assessment levy based on the benefit areas associated with that zone. Exhibit 1 illustrates the area boundaries of LMD 84-2, Zone 14.
The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the 1972 Act. An engineer's report must be prepared to levy and collect special assessments within the districts. The Report provides details on the improvements maintained and the estimated budgets for each district.
ANALYSIS:
Staff recommends that the City Council appoint Spicer Consulting Group, LLC to prepare the Engineer's Reports necessary to levy and collect special assessments for FY 2026 for the above district. The consultant has extensive experience in assessment district financing and administration and was selected as the City’s special tax consulting service provider through a competitive process in January 2023.
The attached resolution initiates proceedings pursuant to the 1972 Act to levy and collect annual assessments within the district for the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district’s boundaries. The resolution also appoints Spicer Consulting Group, LLC, as Engineer of Record to prepare the Engineer's Report for the district in FY 2026.
FINANCIAL IMPACT:
The proposed annual fees of $3,181.72 for LMD 84-2, Zone 14 from Spicer Consulting Group, LLC are for the preparation of the Fiscal Year 2026 Engineer's Report, calculation of special assessments, submission of the annual levy, as well as other administrative tasks. The special assessment collected within the district will pay the cost and is included in the district's current budget
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely sets the special taxes to be levied and collected within the District for Fiscal Year 2026, and there is no possibility that adopting the resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: KIM SITTON, FINANCE DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – LMD 84-2, Zone 14 Boundary Map
2. Exhibit 2 – Resolution No. 2025-024
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Landscape Maintenance District No 84 - 2
ZONE 14 µ
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RESOLUTION NO. 2025-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, INITIATING PROCEEDINGS
TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT
NO. 84-2, ZONE 14 PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972, APPOINTING ENGINEER
OF RECORD, AND ORDERING PREPARATION OF AN
ENGINEER’S REPORT
WHEREAS, the City Council of the City of Corona (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping and appurtenant facilities within the Landscape Maintenance District No. 84-2, Zone 14 (the “District”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the District for the purpose of installation, construction, operation, and maintenance of public landscaping and appurtenant facilities as authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the District for the maintenance, servicing, and operation of public landscaping and appurtenant facilities during Fiscal Year 2026.
SECTION 2. The maintenance to be performed consists of the furnishing of services and materials for the ongoing maintenance, operation, and servicing of public landscaping and appurtenant facilities, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities;
(b) Operation, maintenance, repair, and replacement of irrigation systems; and (c) Servicing and maintenance of plantings and landscaping.
SECTION 3. The proceedings for the annual levy of assessments are to be conducted pursuant to the Act.
2 SECTION 4. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Street and Highways Code, and is hereby directed to prepare and file such report with the City Clerk.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 16th day of April, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 16th day of April, 2025.
City Clerk of the City of Corona, California
[SEAL]
DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2025-142
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 84-2, ZONE 20, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider staff’s recommendation to appoint Spicer Consulting Group, LLC to prepare the Engineer's Report necessary to levy and collect special assessments for Fiscal Year (FY) 2026 for Landscape Maintenance District No. 84-2, Zone 20. Landscape Maintenance District No. 84-2 was established in 1983 in accordance with the provisions of the Landscaping and Lighting Act of 1972 to provide maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district boundaries. The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the Landscape and Lighting Act of 1972.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2025-025, initiating proceedings to levy and collect assessments for FY 2026 for Landscape Maintenance District No. 84-2, Zone 20 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
BACKGROUND & HISTORY:
Landscape Maintenance District 84-2 (LMD 84-2) was established in 1983 in accordance with the provisions of the Landscape and Lighting Act of 1972 (the 1972 Act). The district's purpose was to provide the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district boundaries.
LMD 84-2 consists of 12 benefit zones. Each zone imposes a different assessment levy based on the benefit areas associated with that zone. Exhibit 1 illustrates the area boundaries of LMD 84-2, Zone 20.
The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the 1972 Act. To levy and collect special assessments within the districts, an Engineer's Report must be prepared, which provides details on the maintained improvements and the estimated budgets for each district.
ANALYSIS:
Staff recommends that the City Council appoint Spicer Consulting Group, LLC to prepare the Engineer's Reports necessary to levy and collect special assessments for FY 2026 for the above district. The consultant has extensive experience in assessment district financing and administration and was selected as the City’s special tax consulting service provider through a competitive process in January 2023.
The attached resolution initiates proceedings pursuant to the 1972 Act to levy and collect annual assessments within the district for the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district’s boundaries. The resolution also appoints Spicer Consulting Group, LLC as Engineer of Record to prepare the Engineer's Report for the district in FY 2026.
FINANCIAL IMPACT:
The proposed annual fees of $5,782.60 for LMD 84-2, Zone 20 from Spicer Consulting Group, LLC are for the preparation of the FY 2026 Engineer's Report, calculation of special assessments, submission of the annual levy, as well as other administrative tasks.
The special assessment collected within the district will pay the cost and is included in the district's current budget.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely sets the special taxes to be levied and collected within the District for Fiscal Year 2026, and there is no possibility that adopting the resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: KIM SITTON, FINANCE DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – LMD 84-2, Zone 20 Boundary Map
2. Exhibit 2 – Resolution No. 2025-025
ANTANA WY
FOOTHILL PY
FULLERTON AV
VALENCIA RD
UPPER DR
FOOTHILL PY
MAIN ST
Landscape Maintenance District No 84 - 2
ZONE 20 µ
RESOLUTION NO. 2025-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, INITIATING PROCEEDINGS
TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT
NO. 84-2, ZONE 20 PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972, APPOINTING ENGINEER
OF RECORD, AND ORDERING PREPARATION OF AN
ENGINEER’S REPORT
WHEREAS, the City Council of the City of Corona (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping and appurtenant facilities within the Landscape Maintenance District No. 84-2, Zone 20 (the “District”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the District for the purpose of installation, construction, operation, and maintenance of public landscaping and appurtenant facilities as authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the District for the maintenance, servicing, and operation of public landscaping and appurtenant facilities during Fiscal Year 2026.
SECTION 2. The maintenance to be performed consists of the furnishing of services and materials for the ongoing maintenance, operation, and servicing of public landscaping and appurtenant facilities, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities;
(b) Operation, maintenance, repair, and replacement of irrigation systems; and (c) Servicing and maintenance of plantings and landscaping.
SECTION 3. The proceedings for the annual levy of assessments are to be conducted pursuant to the Act.
2 SECTION 4. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Street and Highways Code, and is hereby directed to prepare and file such report with the City Clerk.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 16th day of April, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 16th day of April, 2025.
City Clerk of the City of Corona, California
[SEAL]
DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
FROM: Utilities Department
2025-125
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION ADOPTING THE CITY OF CORONA UTILITIES DEPARTMENT 10- YEAR ENERGY EFFICIENCY TARGETS PURSUANT TO PUBLIC UTILITIES CODE § 9505
EXECUTIVE SUMMARY:
This staff report asks the City Council to adopt a resolution approving the 10-Year Energy Efficiency Savings Targets, which identify all potentially achievable, cost-effective, reliable, and feasible energy efficiency savings opportunities per Public Utilities Code § 9505.
RECOMMENDED ACTION:
That the City Council:
a. Adopt Resolution 2025-019, approving the 10-Year Energy Efficiency Savings Targets for the Utilities Department.
b. Authorize the Utilities Director, or his designee, to approve all future updates to the 10-Year Energy Efficiency Savings Targets.
BACKGROUND & HISTORY:
Assembly Bill 2021 of 2006 was established to ensure that prudent investments in energy efficiency continue to produce cost-effective energy savings, reduce customer demand, reduce overall system costs, increase reliability, and increase public health and environmental benefits. The Legislature intended for electric utility providers to identify all cost-effective energy efficiency measures so the State can meet its goal of reducing total forecasted electrical consumption. Accordingly, the 10-year targets required by Public Utilities Code (PUC) § 9505 reflect a percentage of the Utilities Department's (UD) forecasted energy sales and the associated amount of energy. The City Council approved UD’s previous 10-year targets on May 5, 2021. To comply, UD and other California Municipal Utilities Association members worked with GDS Associates, Inc. to develop the energy efficiency savings targets for California’s publicly-owned utilities.
UD collects a State-mandated public benefits charge from bundled Greenfield customers, which funds various customer energy efficiency savings programs, income-qualified customer rate discounts, and UD’s battery energy storage power purchase costs. The energy efficiency savings program includes rebates on items such as smart thermostats, energy-efficient appliances, induction stoves, heat pumps, and air conditioners.
Greenfield customers who receive bundled electric services from the City can take advantage of these programs. Direct Access customers receive similar benefits from Southern California Edison. These programs help customers reduce their electricity costs and assist the utility in achieving their energy efficiency savings targets and related regulatory requirements.
ANALYSIS:
The 10-Year Energy Efficiency Savings Targets (2026-2035) are as follows:
GDS Associates, Inc. developed targets based on the energy efficiency programs UD currently has in place. The results also account for the unique characteristics of UD’s service area, customer base, climate zone, and economic conditions. The forecast model creates targets that are consistent with those of other publicly owned utilities of similar size and market base. The comparison-to-retail sales reflect the size of the publiclyowned utility.
UD's projected energy efficiency savings over the next 10-year period is 177-megawatt hours or an average of 18-megawatt hours annually, representing .02% percent of UD’s forecasted energy sales. All facilities in the City’s bundled customer base meet the California Energy Code Title 24 energy compliance requirements under the California Code of Regulations. As a result, these newer facilities provide fewer energy efficiency upgrade opportunities than older facilities.
PUC § 9505 does not expressly require that the governing board of a publicly-owned electric utility review or approve the 10-Year Energy Efficiency Savings Targets. In fact, it appears that most publicly-owned utilities approve the 10-Year Energy Efficiency Savings Targets administratively. Staff is recommending that in the future, the Utilities Director be authorized to approve any amendments or updates to the 10-Year Energy Efficiency Savings Targets pursuant to the requirements of PUC § 9505.
UD recommends that the City Council approve the 10-Year Energy Efficiency Savings Targets, as developed by the California Municipal Utilities Association Energy Efficiency Potential Forecasting study, and authorize the Utilities Director, or his designee, to approve all future updates to them.
FINANCIAL IMPACT:
Funds for energy efficiency projects are made available yearly in the electric operating budget through the annual budget preparation process.
ENVIRONMENTAL ANALYSIS:
State CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is to update the 10-Year Energy Efficiency Savings Targets, and there is no possibility that approving these changes will have a significant effect on the environment.
Therefore, no environmental analysis is required.
PREPARED BY: ERIN KUNKLE, ELECTRIC UTILITY MANAGER
REVIEWED BY: TOM MOODY, UTILITIES DIRECTOR
ATTACHMENT:
1. Exhibit 1 – Resolution 2025-019
RESOLUTION NO. 2025-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, ADOPTING THE CITY OF
CORONA UTILITIES DEPARTMENT 10-YEAR ENERGY
EFFICIENCY TARGETS PURSUANT TO PUBLIC
UTILITIES CODE § 9505
WHEREAS, the City of Corona is authorized under various provisions of the California Constitution and the general laws of California (including, specifically, Article XI, Section 9(a) of the California Constitution, Public Utilities Code Section 10004, and Government Code section 39732(a)) to establish, purchase, and operate a public utility to furnish its inhabitants with, among other things, electricity; and
WHEREAS, the City of Corona operates a municipal electric utility by and through its Utilities Department; and
WHEREAS, the City Council of the City of Corona is the Governing Board for the Utilities Department (UD); and
WHEREAS, as a municipal electric utility, UD is generally subject to the legislative and regulatory requirements applicable to local publicly owned electric utilities (POUs); and
WHEREAS, Public Utilities Code § 9505 requires each POU to identify, by March 15, 2013 and by March 15th of every fourth year thereafter, all potentially achievable cost-effective electricity savings and establish annual targets for energy efficiency savings and demand reduction for the next 10-year period; and
WHEREAS, Public Utilities Code § 9505 requires each POU to report their annual targets for energy efficiency savings and demand reduction to the California Energy Commission within 60 days of establishing annual targets; and
WHEREAS, in coordination with other POUs, GDS Associates developed the 2025 California Municipal Utilities Association (CMUA) Energy Efficiency Potential Forecasting Study that reflects the characteristics specific to UD’s service territory and conditions; and WHEREAS, staff recommends the following UD Energy Efficiency Targets for 2026-2035:
2 WHEREAS, staff also recommends that the Utilities Director, or his designee, be authorized to approve all future updates to the 10-Year Energy Efficiency Savings Targets as needed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City of Corona Utilities Department CMUA Energy Efficiency Potential Forecasting Study, which is attached hereto and incorporated herein, is hereby approved and adopted.
SECTION 2. The Utilities Director, or his designee, is hereby authorized to approve any future updates to the 10-Year Energy Efficiency Savings Targets as needed pursuant to the requirements of Public Utilities Code § 9505.
SECTION 3. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and this Resolution shall take effect and be in force on the date of its adoption.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 16th day of April, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 16th day of April, 2025.
City Clerk of the City of Corona, California
[SEAL]
4 EXHIBIT "A"
CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION ENERGY EFFICIENCY
POTENTIAL FORECASTING STUDY
SEE ATTACHED 2 PAGES
MEMORANDUM
2025 CMUA Energy Efficiency Potential Forecasting Study C O N F I D E N T I A L 1
MEMORANDUM
TO City of Corona
FROM GDS Associates, Inc.
DATE March 13, 2025
RE 2025 CMUA Energy Efficiency Potential Forecasting Study
INTRODUCTION
This memo provides the City of Corona results of the California Municipal Utilities Association (CMUA) Energy Efficiency (EE) Potential Forecasting Study conducted in 2025 by GDS Associates, Inc. (GDS). The results described here are specific to the Corona service territory and account for unique characteristics of the service area, customer base, climate zone, economic conditions, and other relevant factors. This memo provides a summary of the EE Savings Forecast, as well as a description of the data provided in the detailed results spreadsheet file provided to the utility.
SUMMARY OF ENERGY EFFICIENCY POTENTIAL
This potential study provides a roadmap for Corona as they develop strategies and programs for energy efficiency. The development of market potential estimates for a range of feasible measures is useful for program planning and modification purposes.
The Corona energy efficiency program target for the next 10 years (sum of incremental annual, 2026 through 2035) is set at 177 MWh. This results in an average annual target of 0.021 percent of total projected energy sales. Figure 1 provides the market potential for the residential and non-residential sectors, as well as the total incremental potential as a percentage of total sales for the 10-year period of 2026 to 2035.
FIGURE 1. NET INCREMENTAL MARKET POTENTIAL BY SECTOR (MWH) AND PERCENT OF SALES Table 1 below includes the specific inputs used to create Figure 1. The annual energy and demand impacts are provided.
The energy impacts are shown as a percentage of forecasted sector-level and total sales. Incremental annual savings range from 20 MWh to 17 MWh, which corresponds to 0.02% of the forecasted sales.
0.00%
0.01%
0.01%
0.02%
0.02%
0.03%
0.03%
0 5
10 15
20 25
2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 % of Annual Sales MWh Residential NonResidential Total Incremental Potential as a % of Sales
TABLE 1 NET INCREMENTAL MARKET POTENTIAL BY SECTOR – ENERGY AND DEMAND 10 Year Energy Goals (Incremental Net MWh)
ALL Sectors (MWh) 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Total Market Potential 20 19 18 17 16 18 17 17 17 18
Res Market Potential 16 14 13 11 9 9 8 7 5 5
Non-Res Market Potential 4 5 6 6 7 8 9 10 11 12
Total Potential as a % of
Total Sales 0.02% 0.02% 0.02% 0.02% 0.02% 0.02% 0.02% 0.02% 0.02% 0.02% Res Potential as a % of
Res Sales 0.19% 0.17% 0.15% 0.13% 0.10% 0.11% 0.10% 0.08% 0.06% 0.06% Non-Res Potential as a %
of Non-Res Sales 0.01% 0.01% 0.01% 0.01% 0.01% 0.01% 0.01% 0.01% 0.01% 0.02% 10 Year Demand Goals (Incremental kW)
ALL Sectors (kW) 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Total Market Potential 24 23 21 18 16 17 15 13 10 10
Res Market Potential 23 21 19 16 13 14 12 10 6 5
Non-Res Market Potential 1 2 2 2 3 3 3 4 4 4
At a glance, Corona’s results include:
A 2026-2035 average annual gross savings target of 0.02% of forecasted retail sales A 2026-2035 average annual net savings target of 0.02% of forecasted retail sales No claim of savings from codes and standards (C&S)
Detailed Results
GDS has provided Corona with a detailed results file which includes the summary information described above, as well as additional detailed results. The results file includes the following information:
10-yr gross incremental and cumulative annual energy and demand savings 10-yr net incremental and cumulative annual energy and demand savings 20-yr cumulative annual technical, economic and market potential by sector – energy and demand 20-yr incremental annual market potential by sector – energy and demand 20-yr market potential by program
20-yr market potential by end-use
20-yr costs by program
DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2025-139
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTIONS INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2026 FOR LIGHTING MAINTENANCE DISTRICTS NO. 84-1 AND 2003-1, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF ENGINEER’S REPORTS
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider staff’s recommendation to appoint Spicer Consulting Group, LLC to prepare the Engineer's Report necessary to levy and collect special assessments for Fiscal Year (FY) 2026 for Lighting Maintenance Districts No. 84-1 and 2003-1. Lighting Maintenance Districts No. 84-1 and 2003-1 were established in 1983 and 2003 respectively, in accordance with the provisions of the Landscaping and Lighting Act of 1972 to provide lighting maintenance and operating services for the public street lighting, traffic signals, and appurtenant facilities within the districts’ boundaries. The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the Landscape and Lighting Act of 1972.
RECOMMENDED ACTION:
That the City Council:
a. Adopt Resolution No. 2025-021, initiating proceedings to levy and collect assessments for Fiscal Year 2026 for Lighting Maintenance District No. 84-1
pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report. b. Adopt Resolution No. 2025-022, initiating proceedings to levy and collect assessments for Fiscal Year 2026 for Lighting Maintenance District No. 2003-1 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering preparation of an Engineer’s Report.
BACKGROUND & HISTORY:
Lighting Maintenance Districts Nos. 84-1 (LMD 84-1) and 2003-1 (LMD 2003-1) were established in 1983 and 2003, respectively, in accordance with the provisions of the Landscape and Lighting Act of 1972 (the 1972 Act). These districts provide lighting maintenance and operating services for the public street lighting, traffic signals, and appurtenant facilities within the district’s boundaries.
The benefit area of LMD 84-1 covers all of the original City boundaries in 1983 and annexation areas northwest of the City, as shown on Exhibit 1. The original boundary of LMD 2003-1 included the Corona Crossings and Dos Lagos developments. Since its formation, five developments have been annexed into LMD 2003-1. The current boundary of LMD 2003-1 is shown in Exhibit 2.
The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the 1972 Act. An Engineer's Report must be prepared to levy and collect special assessments within the districts, which provides details on the maintained improvements and the estimated budgets for each district.
ANALYSIS:
Staff recommends that the City retain the services of Spicer Consulting Group, LLC to prepare the Engineer's Reports necessary to levy and collect special assessments for FY 2026 for the above districts. The consultant has extensive experience in assessment district financing and administration and was selected as the City’s special tax consulting service provider through a competitive process in January 2023.
The attached resolutions initiate the proceedings pursuant to the 1972 Act to levy and collect annual assessments within each district for the maintenance, servicing, and operation of public streetlights, traffic signals, and other improvements within each district's boundaries. The resolutions also appoint Spicer Consulting Group, LLC as Engineer of Record to prepare the Engineer's Reports for each district for FY 2026.
FINANCIAL IMPACT:
The proposed annual fees of $27,529 for LMD 84-1 and $4,495 for LMD 2003-1 from Spicer Consulting Group, LLC, are for preparing the Fiscal Year 2026 Engineer's Reports, calculating special assessments, submitting the annual levy, and other administrative
tasks. The special assessment collected within each district will pay the cost and is included in the district's current budget.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely sets the special taxes to be levied and collected within the Districts for Fiscal Year 2026, and there is no possibility that adopting the resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: KIM SITTON, FINANCE DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – LMD 84-1 Boundary Map
2. Exhibit 2 – LMD 2003-1 Boundary Map
3. Exhibit 3 – Resolution No. 2025-021
4. Exhibit 4 – Resolution No. 2025-022
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15
RESOLUTION NO. 2025-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, INITIATING PROCEEDINGS
TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2026 FOR LIGHTING MAINTENANCE DISTRICT
NO. 84-1 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, APPOINTING ENGINEER OF
RECORD, AND ORDERING PREPARATION OF AN
ENGINEER’S REPORT
WHEREAS, the City Council of the City of Corona (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public street lighting, traffic signals, and appurtenant facilities within the Lighting Maintenance District No. 84-1 (the “District”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the District for the purpose of installation, construction, and maintenance of public street lighting facilities and traffic signals as authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the District for the maintenance, servicing, and operation of public street lighting facilities and traffic signals during Fiscal Year 2026.
SECTION 2. The maintenance to be performed consists of the furnishing of services and materials for the ongoing maintenance, operation, and servicing of public street lighting facilities and traffic signals, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental pavement work, sidewalk, and curb and gutter; (b) Required electrical operation, repair, and replacement; and (c) Street lighting facility and traffic signal installation, servicing, and maintenance.
SECTION 3. The proceedings for the annual levy of assessments are to be conducted pursuant to the Act.
SECTION 4. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Street and Highways Code, and is hereby directed to prepare and file such report with the City Clerk.
2 PASSED, APPROVED AND ADOPTED this 16th day of April, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 16th day of April, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 16th day of April, 2025.
City Clerk of the City of Corona, California
[SEAL]
RESOLUTION NO. 2025-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, INITIATING PROCEEDINGS
TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2026 FOR LIGHTING MAINTENANCE DISTRICT
NO. 2003-1 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, APPOINTING ENGINEER OF
RECORD, AND ORDERING PREPARATION OF AN
ENGINEER’S REPORT
WHEREAS, the City Council of the City of Corona (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public street lighting, traffic signals, and appurtenant facilities within the Lighting Maintenance District No. 2003-1 (the “District”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the District for the purpose of installation, construction, and maintenance of public street lighting facilities and traffic signals as authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the District for the maintenance, servicing, and operation of public street lighting facilities and traffic signals during Fiscal Year 2026.
SECTION 2. The maintenance to be performed consists of the furnishing of services and materials for the ongoing maintenance, operation, and servicing of public street lighting facilities and traffic signals, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental pavement work, sidewalk, and curb and gutter; (b) Required electrical operation, repair, and replacement; and (c) Street lighting facility and traffic signal installation, servicing, and maintenance.
SECTION 3. The proceedings for the annual levy of assessments are to be conducted pursuant to the Act.
SECTION 4. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Street and Highways Code, and is hereby directed to prepare and file such report with the City Clerk.
2 PASSED, APPROVED AND ADOPTED this 16th day of April, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California
3 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 16th day of April, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 16th day of April, 2025.
City Clerk of the City of Corona, California
[SEAL]
DATE: 04/16/2025
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2025-140
REQUEST FOR CITY COUNCIL ACTION
SUBJECT:
RESOLUTION INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSSESSMENTS FOR FISCAL YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 84-2, ZONES 1, 2, 4, 6, 7, 10, 15, 17, 18, AND 19, APPOINTING ENGINEER OF RECORD, AND ORDERING THE PREPARATION OF ENGINEER’S REP
EXECUTIVE SUMMARY:
This staff report asks the City Council to consider staff’s recommendation to appoint Spicer Consulting Group, LLC to prepare the Engineer’s Report necessary to levy and collect special assessments for Fiscal Year (FY) 2026 for Landscape Maintenance District No. 84-2, Zones 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19. Landscape Maintenance District No. 84-2 was established in 1983 in accordance with the provisions of the Landscaping and Lighting Act of 1972 to provide the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district boundaries. The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the 1972 Act.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2025-023, initiating proceedings to levy and collect assessments for FY 2026 for landscape Maintenance District No. 84-2, Zones 1,
2, 4, 6, 7, 10, 15, 17, 18, and 19 pursuant to the Landscaping and Lighting Act of 1972, appointing Engineer of Record, and ordering the preparation of an Engineer’s Report.
BACKGROUND & HISTORY:
Landscape Maintenance District No. 84-2 (LMD 84-2) was established in 1983 in accordance with the provisions of the Landscaping and Lighting Act of 1972 (the 1972 Act). The district's purpose was to provide the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district boundaries.
LMD 84-2 consists of 12 benefit zones. Each zone imposes a different assessment levy based on the benefit areas associated with that zone. Exhibit 1 illustrates the area boundaries of LMD 84-2, Zones 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19.
The State of California Street and Highways Code Section 22500 requires an annual review of the assessments levied by the special districts formed under the 1972 Act. An engineer's report must be prepared to levy and collect special assessments within the districts. The Report provides details on the improvements maintained and the estimated budgets for each district.
ANALYSIS:
Staff recommends that the City Council appoint Spicer Consulting Group, LLC to prepare the Engineer's Reports necessary to levy and collect special assessments for FY 2025 for the above district. The consultant has extensive experience in assessment district financing and administration and was selected as the City’s special tax consulting service provider through a competitive process in January 2023.
The attached resolution initiates proceedings pursuant to the 1972 Act to levy and collect annual assessments within the district for the maintenance, servicing, and operation of public landscaping and appurtenant facilities within the district’s boundaries. The resolution also appoints Spicer Consulting Group, LLC as Engineer of Record to prepare the Engineer's Report for the district in FY 2026.
FINANCIAL IMPACT:
The proposed annual fees of $17,441.04 for LMD 84-2, Zones 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19 from Spicer Consulting Group, LLC are for the preparation of the FY 2026 Engineer's Report, calculation of special assessments, submission of annual levy, as well as other administrative tasks. The special assessment collected within the district will pay the cost and is included in the district's current budget.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This
action merely sets the special taxes to be levied and collected within the District for Fiscal Year 2026, and there is no possibility that adopting the resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: KIM SITTON, FINANCE DIRECTOR
ATTACHMENTS:
1. Exhibit 1 – LMD 84-2, Zones 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19 Boundary Maps
2. Exhibit 2 – Resolution No. 2025-023
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HEDGES DR
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ZONE 2 µ
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Havasu St
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§¨¦15
RESOLUTION NO. 2025-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CORONA, CALIFORNIA, INITIATING PROCEEDINGS
TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2026 FOR LANDSCAPE MAINTENANCE DISTRICT
NO. 84-2, ZONES 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
APPOINTING ENGINEER OF RECORD, AND ORDERING
PREPARATION OF AN ENGINEER’S REPORT
WHEREAS, the City Council of the City of Corona (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping and appurtenant facilities within the Landscape Maintenance District No. 84-2, Zones 1, 2, 4, 6, 7, 10, 15, 17, 18, and 19 (the “District”) as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”); and WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the District for the purpose of installation, construction, operation, and maintenance of public landscaping and appurtenant facilities as authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the District for the maintenance, servicing, and operation of public landscaping and appurtenant facilities during Fiscal Year 2026.
SECTION 2. The maintenance to be performed consists of the furnishing of services and materials for the ongoing maintenance, operation, and servicing of public landscaping and appurtenant facilities, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities;
(b) Operation, maintenance, repair, and replacement of irrigation systems; and (c) Servicing and maintenance of plantings and landscaping.
SECTION 3. The proceedings for the annual levy of assessments are to be conducted pursuant to the Act.
2 SECTION 4. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Street and Highways Code, and is hereby directed to prepare and file such report with the City Clerk.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2025.
Mayor of the City of Corona, California
ATTEST:
City Clerk of the City of Corona, California