AGENDA
City Council
Wednesday, January 19, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSION
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation Two Cases
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN 125-100-046
City Negotiator: City Manager Andy Okoro
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Greg Newton
INVOCATION Pastor Caleb Booth
Turning Point Church
PRESENTATIONS Community Spirit Award
John and Joanne Aikens
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
City Council Agenda - January 19, 2022
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of January 5, 2022 Staff Report - Pdf
2.C. Proclamation of Local Emergency Regarding Novel Coronavirus (COVID19) 30-day review.
RECOMMENDATION:
That the City Council review Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19), continue Local Emergency and return to City Council in thirty days, or soon thereafter, for review until emergency is terminated.
Staff Report - Pdf
2.D. Accept State of California Prop 68 Per Capita Grant Funds in the amount of $194,308 and appropriate funds for the Playground Equipment Replacement Project.
RECOMMENDATION:
Adopt Resolution No. 2022-03, accepting State of California Prop 68 Per Capita Grant Funds in the amount of $194,308 and appropriate funds for revenue and expenditure for the Playground Equipment Replacement Project.
Staff Report - Pdf
City Council Agenda - January 19, 2022
2.E. City of Norco’s 2021 Sewer System Management Plan Audit as required by State Order 2006-0003
RECOMMENDATION:
Receive and file the City of Norco’s 2021 Sewer System Management Plan Audit as required by State Order 2006-0003
Staff Report - Pdf
2.F. Final Parcel Map 38021, located at 1004 Parkridge Avenue.
RECOMMENDATION:
Approve Final Parcel Map 38021, located at 1004 Parkridge Avenue, and authorize the City Clerk to sign the map.
Staff Report - Pdf
2.G. Acceptance of bids and award of Contract for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive)
RECOMMENDATION:
Accept bids and award a contract to Hardy & Harper, Inc. for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) in the amount of $264,000; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
2.H. Designation of Applicant’s Agents for the State of California Governor's Office of Emergency Services
RECOMMENDATION:
Adopt Resolution 2022-04, to approve the City Manager, Public Works Director, Community Services Director, and Finance Director as Designated Applicant Agents for the State of California Governor's Office of Emergency Services (Cal OES) for the purpose of obtaining federal financial assistance under the California Disaster Assistance Act.
Staff Report - Pdf
City Council Agenda - January 19, 2022
2.I. Acceptance of bids and award of Contract for the Fortuna Et Al. Street Improvements Project
RECOMMENDATION:
Accept bids and award a contract to Copp Contracting, Inc. for the Fortuna Et Al. Street Improvements Project in the amount of $183,037; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
2.J. Quarterly Investment Report for Quarter Ended December 31, 2021 RECOMMENDATION:
Receive and file the Quarterly Investment Report for the Quarter Ended December 31, 2021.
Staff Report - Pdf
2.K. Amend FY 2021-2022 Capital Improvement Program (CIP) to include additional funding for the Slurry Seal Project; and acceptance of bids and award of Contract for the Slurry Seal Project.
RECOMMENDATION:
Adopt Resolution No. 2022-05 to increase FY 2022-2026 CIP funding in the amount of $13,000 for the FY 2021-2022 Slurry Seal Project; and accept bids and award a contract to All American Asphalt for the FY 2021-2022 Slurry Seal Project in the amount of $147,435; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
3. ITEM(S) PULLED FROM CONSENT CALENDAR
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.
The governmental body shall not discuss or act relative to any general public comment.
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.
City Council Agenda - January 19, 2022
5.A. Ordinance No. 1078, Second Reading: An Ordinance of the City Council of the City of Norco, California approving Zone Amendment 2021-04 RECOMMENDATION:
Adopt Ordinance No. 1078, Second Reading, approving Zone Amendment 2021-04, a proposal to add the Housing Development Overlay (HDO) Zone on property generally located at the southeast intersection of Second and River Road, consisting of four parcels totaling 14.57 acres (APNs 119-020- 015, -021, -022 and -023) and with an underlying commercial-general (C-G) Zoning designation.
Staff Report - Pdf
6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
6.A. Approval of the Self-Evaluation and Transition Plan for facilities, programs and services regarding compliance with the Americans with Disabilities Act.
RECOMMENDATION:
Adopt Resolution 2022-06 approving the Self-Evaluation and Transition Plan for public facilities, programs and services regarding compliance with the Americans with Disabilities Act.
Staff Report - Pdf
6.B. Adoption of the Temescal Basin Groundwater Sustainability Plan (GSP) RECOMMENDATION:
Approve Resolution No. 2022-07, adopting the Temescal Basin Groundwater Sustainability Plan (GSP)
Staff Report - Pdf
City Council Agenda - January 19, 2022
6.C. Ordinance No. 1079, First Reading: Amending Norco Municipal Code Title 10 “Vehicles and Traffic” to add Chapter 10.06 “Parking Restrictions”, Code Amendment 2022-01.
RECOMMENDATION:
Adopt Ordinance No. 1079, First Reading; and schedule the Second Reading for February 2, 2022.
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.B.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of January 5, 2022 REVIEWED AND APPROVED BY:
ATTACHMENT(S):
DRAFT Jan 05, 2022 Minutes
DRAFT - MINUTES
City Council
Wednesday, January 5, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSION
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation Three Cases
RECONVENED PUBLIC SESSION 7:11 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper stated that there were no reportable actions taken in closed sessions.
PLEDGE OF ALLEGIANCE Council Member Ted Hoffman
INVOCATION Mother Patricia Stansfield
St. John's Episcopal Church
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
Council Member Bash pulled Item 2G for discussion.
City Council Minutes - January 5, 2022
M/S BASH/GRUNDMEYER approve the remainder of the Consent Calendar Items as presented. The Motion was carried by the following roll call vote:
AYES: ALEMAN, HOFFMAN, BASH, NEWTON, AND GRUNDMEYER
NOES: NONE
ABSENT: NONE
ABSTAIN:NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of December 15, 2021.
2.C. Acceptance of Right-of-Way Dedication on First Street Action: Authorized the City Manager to accept the dedication of street right-of-way at APN 126-250-016 on First Street and authorized the City Clerk to record the grant deed.
2.D. Acceptance of Hillside Avenue Sewer Mainline Replacement Project as Complete
Action: Accepted the Hillside Avenue Sewer Mainline Replacement Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
2.E. Acceptance of Norco MDP Line S-5A Extension and S-6 Storm Drain Project as Complete.
Action: Accepted the Norco MDP Line S-5A Extension and S-6 Storm Drain Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.
carried
City Council Minutes - January 5, 2022
2.F. Approval of Reclassification of Information Technology Administrator position to Information Technology Manager
Action: Adopted Resolution 2022-01 approving reclassification of Information Technology Administrator position to Information Technology Manager; and authorizing related salary adjustment and revised Job Specification.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.G. Updates to Western Riverside Council of Governments JPA and Bylaws.
Council Member Bash discussed that he attended the WRCOG meeting when the bylaws were discussed and this is just a clean up of them.
Following discussion motion was made.
M/S BASH/HOFFMAN Approve the WROG JPA and Bylaws updates and amendments. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC COMMENTS
Wayne Brown from RCTC gave an update on the I15 Express Lane Project.
5. DISCUSSION / ACTION ITEM(S)
5.A. Recognition of National Holidays, Observances and Commemorative Days
Communication Manager Newton presented report on recognition of National Holidays, Observances and Commemorative Days by the City of Norco. She asked that the City Council determine which national observances the City of Norco will formally recognize and the manner in which each observance will be recognized. She stated that in December 2021, staff met with a City Council Subcommittee, consisting of Mayor Pro Tem Robin Grundmeyer and Council Member Katherine Aleman, to develop an objective and consistent procedure regarding the City of Norco's recognition of national holidays, observances and commemorative days. She provided the subcommittees final list to discuss and gave options on procedures going forward.
City Council Minutes - January 5, 2022
Council Member Grundmeyer and Council Member Aleman each discussed their role as part of the subcommittee, the purpose of the discussion and how the decisions were made.
Mayor Newton opened public comment.
There were no public comments on this item.
Mayor Newton closed public comment.
Communications Manager Newton started conversation asking if the Council was good with what was presented or where there items they would like to discuss, add or remove.
Mayor, Mayor Pro Tem, and Council Members each discussed their concerns, asked questions of staff and discussed additions, deletions and their choice for procedures for future observances.
Following discussion motion was made.
M/S GRUNDMEYER/ALEMAN to approve the list A and B as presented with the addition of May 13 (Creation of the Norco township), Human Trafficking Awareness, Great Shake Out, Donate Life Month and School Choice Week. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M/S GRUNDMEYER/ALEMAN to approve process C: Subcommittee reviews all requests, makes a recommendation to staff, and the City Council ultimately determines if they should be annual, pre-approved or denied. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.B. City Council Appointments to Regional Boards, Standing Committees and Other City Council-Appointed Committees for Calendar Year 2022
City Council Minutes - January 5, 2022
City Clerk Roa presented the annual appointments to the various standing committees and other governmental agencies as recommended by Mayor Newton for Calendar Year 2022.
Mayor Newton opened public comment.
There was not public comments.
Mayor Newton closed public comment.
Following discussion motion was made
M/S ALEMAN/BASH Approve the City Council appointments to the various standing committees and other governmental agencies for the 2022 calendar year as presented. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
6.A. General Plan Amendment 2021-02/Zone Change 2021-04 (City of Norco)
Senior Planner Altopp presented the report on the General Plan Amendment 2021-02/Zone Change 2021-04 that is is a proposal to add the Housing Development Overlay Zone, that allows 20-30 dwelling units per acre, on the property generally located at the southeast intersection of Second Street and River Road, consisting of four parcels totaling 14.57 acres, with the Assessor’s Parcel Numbers of 119-020-015,-021,-022 and 023, with an underlying Commercial-General zoning designation and General Plan designation of Commercial Community. He stated that the general plan amendment will make the general plan map consistent with the zoning map to reflect the HDO.
Mayor Newton opened public hearing.
There was not public comment at this time.
Mayor Newton closed the public hearing.
Mayor Newton and City Attorney Harper discussed the Development Standards.
City Council Minutes - January 5, 2022
Senior Planner Altopp stated that the development standards are very close to being complete.
Following discussion motion was made.
M/S HOFFMAN/GRUNDMEYER to adopt Resolution 2022-02, approving of General Plan Amendment 2021-02 The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M/S HOFFMAN/NEWTON to adopt Ordinance 2022-01, approving Zone Change 2021-04. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6.B. Continued - Public Hearing - Self-Evaluation and transition Plan for programs and services regarding compliance with the Americans with Disabilities Act, continued to January 19, 2022.
Following discussion motion was made.
M/S ALEMAN/GRUNDMEYER Approve continuation of Public Hearing to January 19, 2022 The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
Public Works Director Blais discussed Hillside Project
City Council Minutes - January 5, 2022
City Manager Okoro discussed Cap Rock working on Saturday to make up for lost time due to rain. He stated that this was only one Saturday approval.
Mayor Newton discussed project on Town and Country.
Council Member Hoffman asked about the City reorganization.
City Manager Okoro stated that applications have been received for Facilities Director and interviews should be soon.
Council Member Bash asked that a discussion on the reworking of the trails come to Council for discussion.
Following discussion and without formal motion staff was directed to bring the discussion of reworking the trails to City Council.
Council Member Bash also discussed ADU issue and a code case. Also discussed getting prepared for the Hamner Bridge to open to help with economic development.
Mayor Newton thank Public Works Director Blais and his staff for their hard and quick work on a severe water leak during the night.
8. ADJOURNMENT
Mayor Newton adjourned the meeting at 8:53 p.m.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Andy Okoro, City Manager
Department: Administration
SUBJECT:
Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19) 30-day review.
RECOMMENDATION:
That the City Council review Proclamation of Local Emergency Regarding Novel Coronavirus (COVID-19), continue Local Emergency and return to City Council in thirty days, or soon thereafter, for review until emergency is terminated.
SUMMARY:
The California Emergency Services Act (Government Code section 8550, et seq.), Government Code section 8630, and Norco Municipal Code Chapter 2.28 empower the Director of Emergency Services and the Norco City Council to proclaim a Local Emergency when the City Council is not in session when there exist conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City of Norco which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat.
BACKGROUND:
On March 8, 2020, the Riverside County's Public Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a Novel Coronavirus (COVID-19) in Riverside County. On March 10, 2020, the County of Riverside proclaimed a local emergency. The Governor of California proclaimed a State of Emergency on March 4, 2020, pursuant to the authority vested in him, particularly, Government Code section 8625. On March 13, 2020, President Trump declared the Coronavirus Pandemic a National Emergency.
On Monday, March 16, 2020, the City of Norco declared a local emergency to increase its efforts to protect the public from COVID-19. The City of Norco proclamation of local emergency notes that “there exists conditions of a disaster or extreme peril to the safety
of persons or property within the territorial limits of the City of Norco that are beyond the control for the services, personnel, equipment and facilities of the City for the reason of COVID-19.”
The declaration of local emergency comes as local, state and federal governments are working in an attempt to control the spread of COVID-19 across the country, in order to reduce the potential of the virus to overwhelm the nation’s healthcare agencies.
On March 18, 2020, the City of Norco City Council ratified by unanimous vote the declaration of local emergency.
Per Chapter 2.28 of the Norco Municipal Code, ratification of the declaration by the City Council is required within seven (7) days of the declaration. If ratified, the declaration of local emergency must be reviewed every 30 days, or soon thereafter, until the local emergency is terminated. Although the Governor has outlined conditions that must be met in order to implement the various phases that will ultimately result in rescinding the Governor’s Order, most of these conditions have not be met. Consequently, the Governor’s Stay at Home Order still remains in place. Staff is recommending that the City Council approve the continuation of the City’s Declaration of Local Emergency.
FISCAL IMPACT:
Not applicable.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Proclamation
CITY OF NORCO
STATE OF CALIFORNIA
PROCLAMATION OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS {COVID-19)
WHEREAS, the California Emergency Services Act (Government Code section 8550, et seq.), Government Code section 8630, and Norco Municipal Code Chapter
2.28 empower the Director of Emergency Services and the Norco City Council to proclaim a Local Emergency when the City Council is not in session when there exist conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City of Norco which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and WHEREAS, on March 8, 2020, the Riverside County's Public Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a Novel Coronavirus (COVID-19) in Riverside County; and
WHEREAS, on March 10, 2020, the County of Riverside proclaimed a local emergency; and
WHEREAS, the Governor of California proclaimed a State of Emergency on March 4, 2020, pursuant to the authority vested in him, particularly, Government Code section 8625; and
WHEREAS, the Governor has waived the 60-day time period in Government Code section 8630, within which a local governing authority must renew a local emergency, for the duration of the statewide emergency, and further, has ordered that any such local emergency will remain in effect until each local Governing authority terminates its respective local emergency; and WHEREAS, the Director of Emergency Services hereby finds:
(1) That at the time of this Proclamation the Norco City Council is not in session; and
(2) That there exist conditions of a disaster or of extreme peril to the safety of persons and property within the territorial limits of the City of Norco that are beyond the control of the services, personnel, equipment, and facilities of the City for the reasons of COVID-19 and asset forth in the Public Health Officer's Declaration of a Local Health Emergency and County Local Emergency;
(3) That the aforementioned conditions arB or are likely to be beyond the
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Parks, Recreation and Community Services
SUBJECT:
Accept State of California Prop 68 Per Capita Grant Funds in the amount of $194,308 and appropriate funds for the Playground Equipment Replacement Project.
RECOMMENDATION:
Adopt Resolution No. 2022-03, accepting State of California Prop 68 Per Capita Grant Funds in the amount of $194,308 and appropriate funds for revenue and expenditure for the Playground Equipment Replacement Project.
SUMMARY:
Upon approval by the City Council, the City of Norco will accept the Prop 68 Per Capita Grant of $194,308. On November 18, 2020, the City Council approved Resolution No. 2020-67 authorizing application for Prop 68 Per Capita Grant Funds to be used for the Playground Equipment Replacement Project and approved the appropriation of the required grant match.
BACKGROUND:
At the City Council meeting on November 18, 2020, Resolution No. 2020-67 was approved authorizing application for Prop 68 Per Capita Grant Funds to be used for the Playground Equipment Replacement Project in the amount of $194,308. At this same meeting, Resolution No. 2020-69 was also approved appropriating Measure R funds in the amount of $308,692 to meet the required match from the grant and all other anticipated expenditures for the project. The grant match requirement is 20% but grantee must show 25% in additional costs.
On November 10, 2021, the State awarded two grant agreements for the project totaling $194,308 ($16,356 and $177,952, respectfully). Staff is recommending the City Council accept the grant funds and amend the budget appropriations in the amount of $194,308 to the Playground Equipment Replacement Project.
FISCAL IMPACT:
There is no fiscal impact to the budget since expenses related to this grant will be reimbursed to the City by the State (Contract No. C9801501 and Contract No. C9802211).
The grant match requirement was previously appropriated at City Council's meeting held on November 18, 2020.
RELATIONSHIP TO STRATEGIC PLAN:
Funding park playground equipment replacement is consistent with Strategic Plan #1:
Establish funding for planning, maintenance, replacement and development of infrastructure.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Executed Grant Contract $177,952
Executed Grant Contract $16,358
Resolution No 2022-03
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37 11/10/2021
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
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DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37 11/10/2021
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37 11/10/2021
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37
DocuSign Envelope ID: 23CC449A-F34A-4343-9D7F-C03F1F036F37 11/10/2021
RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, ACCEPTING STATE OF CALIFORNIA
PROP 68 PER CAPITA GRAND FUNDS AND AUTHORIZING
APPROPRIATIONS THEREFROM.
WHEREAS, the Norco City Council ("Council") approved the application for Prop 68 Per Capita Grant funds for the Playground Equipment Replacement Project; and WHEREAS, the applications were approved by the State of California; and WHEREAS, the State of California has granted $194,308 for the Playground Equipment Replacement project; and
WHEREAS, fully executed agreement was received from the State on December 16, 2021; and
WHEREAS, the City Council approved the Prop 68 Per Capita Grant local match from Measure R funding; and
NOW, THEREFORE, BE IT RESOLVED the Prop 68 Per Capita Grant funds shall be accepted and that the City Council of the City of Norco does herby authorize the revenues and appropriations for the Playground Equipment Replacement Project (122.733.43150).
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on January 19, 2022.
_____________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2022-xx
January 19, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on January 19, 2022 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on January 19, 2022. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:
City of Norco’s 2021 Sewer System Management Plan Audit as required by State Order 2006-0003
RECOMMENDATION:
Receive and file the City of Norco’s 2021 Sewer System Management Plan Audit as required by State Order 2006-0003
SUMMARY:
On May 2, 2006, the California State Water Resources Control Board (“SWRCB”) adopted Order No. 2006-0003-DWQ implementing statewide regulations related to the operation and maintenance of sanitary sewer collection systems. The Order requires the Sanitary Sewer Management Plan (“SSMP”) to be recertified every five (5) years and an audit performed every two (2) years, both must contain any significant program or operational changes, and be recertified after review and approval by the Norco City Council. To complete the recertification process, Norco staff members must enter the information into the online SSO database and mail a copy to the State Water Resources Control Board. Staff has found the 2021 SSMP audit to be in compliance with all eleven elements of the State Order.
BACKGROUND:
In April 2004, the State Water Resources Control Board began to investigate potential solutions to reduce both the number and volume of Sanitary Sewer Overflows (“SSOs”) that occur throughout the state, often impacting health, safety and the environment. The most noticeable impact of SSO’s is the closure of public beaches due to sewage spills.
With the aging of the sanitary sewer systems within the state, and varying levels of effort and funding to manage those sanitary systems, the State Board believed the frequency of SSOs would continue to increase unless the State Board initiated a formal action plan to implement regulations to manage and enforce SSOs statewide.
The regulations adopted by SWRCB apply to all federal and state agencies, municipalities, counties, special districts, and other public entities that own or operate sanitary sewer collection systems greater than one mile in length and that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California.
The State Board determined that to properly facilitate funding and management of sanitary sewer systems, each system operator must develop and implement a systemspecific SSMP. To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance, while taking into consideration risk management and cost to benefit analysis. Additionally, an SSMP must contain a spill response plan that establishes standard procedures for immediate emergency response to an SSO in a manner designed to minimize water quality impacts and potential health conditions.
The City of Norco owns, operates, and manages approximately 120 miles of clay, gravity flow, 6” to 27” diameter sanitary sewer collection pipelines, approximately 2,000 pre-cast concrete manholes and cleanouts, two siphons and 12 sewer lift stations, including force main piping. The City discharges its waste stream to the Western Riverside County Regional Wastewater Authority (WRCRWA), a joint power authority formed to plan, construct, and operate a cost effective regional wastewater system for the conveyance, tertiary treatment, and disposal of sewage from the participating agencies. Member agencies include the City of Norco, City of Corona, Jurupa Community Services District (JCSD), Western Municipal Water District (WMWD), and Home Gardens Sanitary District (HGSD).
Staff has prepared the City of Norco 2021 audit report as required by the State Board, consistent with Order No. 2006-003 and the most recent amendment September 9, 2013, with the issuance of State Order WQ-2013-0058-EXEC. Therefore, staff recommends that the City Council receive and file the 2021 City of Norco Sanitary Sewer Management Plan Audit per State Water Resources Control Board Order No. 2006-003-DWQ.
A full copy of the updated SSMP and audit will be filed with the City Clerk, and will be available for review on the City of Norco website.
FISCAL IMPACT:
On-going operation and maintenance costs, currently within the Sewer Operations Fund (Fund 126-809).
RELATIONSHIP TO STRATEGIC PLAN:
The acceptance of the SMMP Audit is consistent with Strategic Direction #1 “Establish funding for maintenance, replacement and development of infrastructure” REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
2021 SSMP Audit
1 EXECUTIVE SUMMARY
2021 City of Norco
Sanitary Sewer Management Plan Audit (SSMP)
On May 2, 2006, the California State Water Resources Control Board adopted Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Wastewater Collection Agencies. The order applies to all federal and state agencies, municipalities, counties and other public agencies that own or operate sanitary sewer collection systems greater than one mile in length that collect or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California.
The City of Norco City Council adopted its original Sewer System Management Plan in 2009.
The SSMP was prepared in compliance with State Order 2006-0003-WDR issued May 2, 2006, to all publicly owned wastewater collection agencies owning more than one mile of pipeline.
Included in the State Order is a requirement that all agencies audit their SSMPs every two years to evaluate the effectiveness of the plan and staff member’s compliance with the State Order. The City of Norco has complied with that requirement by having its SSMP audited in 2011, 2014, 2017, 2019 and in the spring of 2021. The next audit will be required in 2023 and recertification will be due in 2024.
The 2021 audit had only minor findings mainly in regards to updating contact information.
This report represents an audit of the recertified 2019 City of Norco SSMP.
The SWRCB requires the electronic reporting of all sanitary sewer overflows as well as the development of a Sewer System Management Plan (SSMP) that specifies guidelines for monitoring, reporting and implementation of SSMP scheduling requirements. The City of Norco began electronic reporting in May 2007.
2021 Auditor Findings:
The City of Norco is in compliance with the State Order. Operations staff has complied with all aspects of the State Order, and the plan has been effective.
2 STATE ORDER
The California State Water Resources Control Board adopted Order No. 2006-0003 DWQ, May 2, 2006 (State Order) to create an equitable statewide mechanism to manage all publicly owned wastewater collection agencies with more than a mile of pipeline, to reduce the number and severity of Sanitary Sewer Overflows (SSOs), and to set up a central depository for online reporting of SSOs when they do occur.
The Order is consistent with State Water Resources Control Board (SWRCB) Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to water quality, does not allow the degradation of water quality, will not unreasonably affect beneficial uses of water, and will not result in water quality less than prescribed in SWRCB or Regional Water Board plans and policies.
A principal element of the State Order is the requirement the City of Norco adopt and maintain a management plan for its sanitary sewer collection and conveyance system, referred to as a Sewer System Management Plan or SSMP.
The State Order was amended September 9, 2013 with the issuance of State Order WQ 2013-0058- EXEC. Therefore, all SSMPs across the state were to be updated to include the contents of the amended order.
The 2021 Audit is required by the 2013 Amended State Order WQ 2013-0058-EXEC.
The State Order establishes the following goal:
Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.
The State Order requires City of Norco staff members perform periodic internal audits of the SSMP with focus on evaluating the effectiveness of the SSMP and staff member’s compliance with its requirements, as shown in Section D-13 of the State Order. The internal audits must be performed at least every two (2) years with the audit report kept on file at the City of Norco. Norco's audits were completed in 2011, 2014, 2015, 2017, and 2019 as required, and therefore this audit is due in 2021.
The SSMP must be updated/recertified every five (5) years, must contain any significant program changes, and be recertified in 2024 after review and approval by the Norco City Council. To complete the recertification process, Norco staff members must enter the information into the Online SSO Database and mail a hard copy to the State Water Resources Control Board.
This is the City of Norco’s fifth audit of their SSMP. City Council approval is not required, staff recommends the City Council receive and file the report. Staff did not find any deficiencies, but will address recommendations.
As specified in the State Order, the SSMP is comprised of eleven (11) sections. A summary of the 2021 audit, which is an evaluation of each individual category, has been completed by City of Norco staff. All recommendations from previous audits have been addressed.
3 2021 AUDIT EXECUTIVE SUMMARY
Audit Executive Summary
Recommendations: None
Response: Completed
Audit Section 1
Recommendations: None
Response: Completed
Audit Section 2
Recommendations: Revise and Update Management and Operations Staff Contact Information. Update the Public Works Organizational Chart and key staff positions.
Response: Completed
Audit Section 3
Recommendations: None
Response: Completed
Audit Section 4
Recommendations: Completed
Response: Completed
Audit Section 5
Recommendations: None
Audit Section 6
Recommendations: Update personnel in Table 6.1 Spill Response Team. Update “Outside Vendor Resources” contact information.
Response: Completed
Audit Section 7
Recommendations: Completed
Response: Completed
Audit Section 8
Recommendations: None
Response: Completed
4 Audit Section 9
Recommendations: None
Response: Completed
Audit Section 10
Recommendations: None
Response: Completed
Audit Section 11
Recommendations: None
Response: Completed
Section 1
Goals
Requirement: Reduce, prevent and mitigate SSOs:
The City of Norco is in compliance, the SSMP has helped prevent and mitigate SSO’s within the sanitary sewer collection system.
Section 2
Organization
Requirement: Names and phone numbers for key management personnel:
The City of Norco is current and has implemented. Names and phone numbers are updated as necessary.
Requirement: Names and phone numbers for key administrative personnel:
The City of Norco is current and has implemented. All information has been updated.
Requirement: Names and phone numbers for key maintenance personnel:
The City of Norco is current and has implemented.
Requirement: Chain of communications for reporting SSOs:
The City of Norco is current and has implemented.
Requirement: Prevent illicit discharges to sanitary sewer.
The City of Norco is current and has implemented
Requirement: Ensure access for inspection, maintenance, and repairs.
The City of Norco is current and has implemented
Requirement: Limit discharge of FOG and debris that may cause blockages.
The City of Norco is current and has implemented.
5 Section 3
Legal Authority
Requirement: Require the installation of grease removal devices.
The City of Norco requires the installation of grease interceptors through the Building Department permit process.
Requirement: Ability to inspect FOG producing facilities.
The City of Norco has the ability to inspect all facilities within their sanitary sewer collection system.
Requirement: Enforce violations of the City’s sewer ordinances.
The City of Norco has approved a sewer Ordinance to effectively enforce all violations within their sanitary sewer collection system.
Section 4
Operations and Maintenance
Requirement: Maintain up-to-date maps of the sanitary sewer system.
The City of Norco is current and has implemented. New technologies are reviewed as they become available.
Requirement: Describe routine preventive maintenance program.
The City of Norco contracts for annual collections system cleaning of lift (pump) stations, flumes, manholes, and pipelines. The contract includes video. The City has an adopted Fiscal Year Operations and Maintenance Budget and a five-year Capital Improvement Program (CIP) Fund Budget.
Requirement: Document completed preventive maintenance using work orders.
The City of Norco utilizes an electronic work order system to track all maintenance activities.
Requirement: Rehabilitation plan identifying and prioritizing system inadequacies.
The 5-year CIP identifies and prioritizes system replacement activities.
Requirement: Provide regular training for staff.
Operations Staff conducts at a minimum bi-weekly safety meetings and monthly operations meetings.
Requirement: Require contractors to provide training.
Contractors are required to provide training to employees working within the City of Norco sanitary sewer collection system.
Requirement: Maintain equipment inventory
Required inventory is maintained.
Requirement: Maintain critical spare part inventory.
The City maintains critical inventory.
6 Section 5
Operations and Maintenance
Requirement: Design and construction standards for repair and rehabilitation of existing system.
The City of Norco has approved Sanitary Sewer Collection System Standards and Specifications.
Requirement: Procedures for inspection and acceptance of repairs to sewer system facilities.
The City of Norco has trained inspectors conducting all collection system inspections.
Section 6
OERP Sanitary Sewer Overflow Response Plan (SSORP)
Requirement: Procedures for the notification of primary responders.
The City utilizes normal operations and after hour emergency response (cell phones).
Requirement: Procedures for the notification of regulatory agencies.
Operations employees use the SOP for reporting direction.
Requirement: Ensure Norco Staff are familiar with and follow the SSORP.
Management provides guidance for reporting and training activities.
Requirement: Proper reporting of all SSOs.
Monthly reporting and SSO reporting is in compliance.
Requirement: Ensure proper response procedures to all SSOs.
Current and training implemented.
Requirement: Ensure staff is trained in SSORP procedures.
Bi-weekly and monthly training programs.
Requirement: Ensure contractor personnel are aware of and follow SSORP.
Contractors are required to train sanitary sewer collection personnel.
Requirement: Ensure contractor personnel are SSORP trained.
Contract specifications require training.
Requirement: Address emergency operations such as traffic and crowd control.
Staff is in compliance.
Requirement: Program to determine impacts of any SSOs that occur.
Ongoing, the existing program is constantly under review.
7 Section 7
FOG Control Program
Requirement: Public outreach program that promotes the proper disposal of FOG.
All commercial and industrial users are surveyed and complete a questionnaire annually during the Business License permit process.
Requirement: Plan for disposal of FOG generated within sewer system.
The City of Norco contracts for collection system FOG removal.
Requirement: Identify City resources for FOG control.
Local and regional program.
Requirement: Identify facilities that have FOG related problems.
City continues to inspect facilities.
Requirement: Preventive maintenance for facilities that have FOG related problems.
Commercial and Industrial properties are required by ordinance to install preventive measures.
Section 8
EVALUATION AND CAPACITY ASSURANCE PLAN
Requirement: Identify Facilities that experience or contribute to SSOs caused by hydraulic deficiencies.
None Known.
Requirement: Short-term CIP to address Hydraulic deficiencies.
Approved 5-year CIP.
Requirement: Long-term CIP to address Hydraulic deficiencies.
Approved 5-year CIP.
Requirement: Procedures that provide for the analysis, evaluation, and prioritization of hydraulic deficiencies.
Daily, weekly and monthly inspections of each facility.
Requirement: The short and long term CIPs include schedules for the correction of hydraulic deficiency.
City is in compliance.
Section 9
Monitoring, Measurement and Program Modifications
Requirement: Maintain relevant information to establish, evaluate and prioritize SSMP activities.
Records are maintained and evaluated.
8 Requirement: Monitor implementation of the SSMP.
Completed.
Requirement: Measure where appropriate, performance elements of the SSMP.
The program is in compliance.
Requirement: Assess success of the preventive maintenance program.
Program is current.
Requirement: Update SSMP program elements based on monitoring or performance.
Updated.
Requirement: Identify and illustrate SSO trends.
Completed.
Section 10
SSMP Program Audits
Requirement: Conduct periodic audits.
Audits are completed whenever modifications or changes occur.
Requirement: Record the results of the audit report.
Results are updated.
Requirement: Record the changes made and/or corrective actions taken.
Ongoing.
Section 11
Communication Program
Requirement: Have outreach efforts been developed and documented.
Staff informs and inspects through the Business License process. Staff has updated social media and Nixle communication platforms.
Completed by the City of Norco, Department of Public Works _______________________________________________
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:
Final Parcel Map 38021, located at 1004 Parkridge Avenue.
RECOMMENDATION:
Approve Final Parcel Map 38021, located at 1004 Parkridge Avenue, and authorize the City Clerk to sign the map.
SUMMARY:
The City Council considered this matter on May 19, 2021 when Tentative Parcel Map 38021 was approved as Resolution No. 2021-25. The map proposes to subdivide 4.2 acres into five parcels. The map meets the City requirements and is ready for acceptance.
BACKGROUND:
On May 19, 2021 the City Council approved Tentative Parcel Map 38021 which subdivides 4.2 acres into five parcels. The property is located at 1004 Parkridge Avenue which is approximately 1,500 feet south-east of first street.
The map has been submitted for review and is in substantial compliance with the approved Tentative Parcel Map, as well as all applicable codes (see Parcel Map 38021).
The subdivision meets all requirements of the resolution approving the tentative map.
FISCAL IMPACT:
There is no financial impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of Parcel Map 38021 is consistent with Strategic Direction #1 – “Assure financial stability by identifying new revenue sources and continuing prudent financial management”.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Parcel Map 38021
Number of parcels: 5
Gross acres.‘ 4.27l Ac.
INTHECITYOF NORCO, COUNTYOF RIVERSIDE,STATE OF CALIFORNIA PARCEL MAP NO. 38021
BEINGA SUBDIVISIONOF A PORTION OF LOT 12 INBLOCK 97 OF AUBURNDALECOLONYANDTOWNSITE AS SHOWNBYMAPON FILE INBOOK 6 OF MAPS AT PAGE 20, INCLUSIVETHEREOF, RECORDS OF SAN BERNARDINOCOUNTY,CALIFORNIA.LOCATED INSECTION 24, T. 3 S., R. 7 W., S.B.M.
OWNER'SSTATEMENT
We hereby state that we are the owners of or are interested in the lands included within the subdivisionshown hereon," that we are the only persons whose consent is necessary to pass ti'tle to said land; that we consent to the making and recording of this Subdivisionas shown withinthe distinctive border line.
Wehereby release and relinquishto the Cityof Norco vehicular access rights to Parcel 7 and Parcel 5 from Parksi'deAvenue, except for the access openings shown hereon.
Newcastle Skye Parkridge,LLC,a Californialimitedliabilitycompany **** “'53;§"'/"Z" Signature Date
_I_>E4L0_»31§__:+_L<‘l?_§____~_v_~L2_»<_s_e i?—____________________________ __ Print name Title Print name Title
(Seesheet 2 for signature acknowledgment)
' " A:O'*-
SlCNATL/PEOMISS/ONS
Pursuant to Section 56436 of the SubdivisionMapAct, the signatures of the followinghave been omitted."
An easement for watersupply facilities and incidental purposes in favor of Norco Community Services District, recorded April 75, 7962 as instrument No. 54975, DP. Piv Co., Co. said easement cannot be determined from record.
An easement for undergroundcommunicationsstructures and incidental purposes in favor of Pacific Telephoneand TelegraphCompany, recorded May 30, i974 as instrument No. 65645, OP. Piv, C0., Ca. said easement cannot be determined from record.
An easement for flood control, ingress, egress and incidentalpurposes in favor of RiversideCounty Hood Controland Water ConservationDist'i'ct, recorded July 50, 7998 as instrument No. 98476695, DR. Riv. Ca, Ca.
SDH ANDASSOCIATES, INC. - ESWINO. VEGA,PLS 9164
- JUNE 2020
TEMECULA,CALIFORNIA
SUPI/EY0l?’S STATEMENT
Thismap was prepared by me or under my direction and is based upon a held survey in conformance with the requirements of the subdi'vi'si'onmap act and local ordinance at the request of ParkridgeAvenue Partners LLC,in June, 2020. i hereby state that this parcel map substantially conforms to the approved or conditionallyapproved tentative map, if any. i hereby state that all the monumentsare of the character and occupy the positions indicated or that they willbe set in those positionson or before October 7, 2024, and that the monumentsare, or willbe, sufficient to enable the survey to be retraced.
Date. _ _____ __
______ __
Eswin0. I/ego
PLS. 9764 Lie. Exp.3/37/23
CiTYENCiNEEi?'S STATEMENT
/ herebystate that l have examined this map; that the subdivisionas shown is substantially the some as it appeared on the tentative map, if required and any approved alterations thereof,"that all provisionsof the subdivisionmap act and of any local subdivisionordinances of the City of Norco applicableat the time of approval of the tentative map, if required have been compliedwith,"and that i am satisfied this map is technicallycorrect.
DominicC. Miiano ROE 27772
CityEngineer— City of Norco
Lic. Exp. DJ—]7'2J
Date: __________ ,_
SHEET 1 OF 3 SHEETS
PECDPDEPSSTATEMENT
Filed this ____ __ day of __________ __, 20___,
at ____ __.M in Book,,,, ,_ of Parcel Mops at
Pages _____________ __, at the request of the
City Clerk, City of Norco.
No. ________________ __
Eee‘ _______________ __ PeterAidana,Assessor
— CountyClerk — Pecorder
Ext_______________________________ W. Deputy
SubdivisionCuarantee:First AmericanTitleinsurance Company TAXCOLLECTORS CEt?TiEiCATE
/ hereby certify that accordingto the records of this office, as of this date, there are no liens against the property shown on the withinmap for unpaid State, County,Municipal,or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes now a lien but not yet payable, which are estimated to be 3___________ __.
Date: ___________ __ MatthewJennings
CountyTax Collector
By.‘____________________ __, Deputy
TAXBONDCEPTiElCATE
l herebycertify that a bond in the sum of If___________ _, has been executed and filed with the Board of Supervisorsof the Countyof Piverside, California,conditionedupon the payment of all taxes, State, County, Municipal,or local, and all special assessments collected as taxes which at the time of filingof this map with the CountyRecorder are a lien against said property, but not yet payable, and said bond has been duly approved by said Board of Supervisors.
Cash or Surety TaxBond
MatthewJennings
County Tax Collector
Kecia Harper
Clerkof the Board of Supervisor
ClTYCLERK'SCEPTWCATE
/ hereby certify that the City Council of the City of Norco at a regular meeting held on the ____ __ day of __________ __, 2D__, approved this map.
The release and relinquishmentof vehicularaccess rights to Parcel 7 and Parcel 5 from Parkri'dge Avenue as shown hereon is hereby accepted;
Dana Poa, CMC Date
City Clerk — City of Norco
INTHE CITYOF NORCO,COUNTYOF RNERSIDE,STATE OF CALIFORNIA SHEET2 OF 3 SI'EEI'S PARCEL MAP NO. 38021
BEINGA SUBDIVISIONOF A PORTION OF LOT 12 INBLOCK 97 OF AUBURNDALECOLONYANDTOWNSITE AS SHOWNBYMAPON FILE INBOOK 6 OF MAPS AT PAGE 20, INCLUSIVETHEREOF, RECORDS OF SAN BERNARDINOCOUNTY,CALIFORNIA.LOCATED INSECTION 24, T. 8 S., R. 7 W., S.B.M.
SDH ANDASSOCIATES, INC. - ESWINO. VEGA, PLS 9164
- JUNE 2020
TEMECULA,CALIFORNIA
NOTARYACKNOWLEDGMENT
A notary publi'c or other officer completing this certificate verili'esonly the identity of the individualwho signed the document to whichthis certificate is attached and not the truthfulness, accuracy, or validityof that document.
State of £c1ILEbr_f1LCL--_)
County origoa?cnnasqis
onDe(;eCLLb:r__?;L_2412-Ibefore jne. ;Ece.i3e__Ciuni:L,L\IoILLr;L_Ia4bI1c personally appeared __Denm5__lhgg5_______________________________ __ TTJ2273;?7SFEETTETTEETZTEZEJCTQJEZiET&?Z?Z2Tn;};2?§;2@'T&;§SE;?n}T§TE}S}e subscribed to the withininstrument and acknowledgedto me that he/she/they executed the some in his/her/their authorized capacity(ies),and that by his/her/their signature{s)on the instrument the person(s),or the entity upon behalf of which the persoa(s)acted, executed the instrument. l certify under PENALTYOE PEPJUPYunder the laws of the State of Californiathat the foregoing paragraph is true and correct.
WlTNE$Smy hand:
Q:m.s_©.__\QCI:u_a_/__—.___,_ _l'_F£n§;__61un(J ________ __ signature print name
Mycommissionexpires I:I(2¥ ,Ij4ZDL§
Mycommission number _______ V_
Myprincipalplace of business is in __i[1_.&QDC¢LSC2Q,,, County.
NOTARYACKNOWLEDGMENT
A notary public or other officer completing this certi'fi'cate veri?es only the identi'tyof the individualwhosigned the docurnent ta whichthis certi?cate is attached, and not the truthfulness, accuracy, or validityof that document. personally appeared _____________________________________________________ _? Ti?II;Z7iZJ?S7Z£7fn'Tn2_TJs7s STEZEJCFQEE2192;T522Tn;IE5}isTTwi2§'n}}2?JE}S}e subscribed to the withininstrument and acknowledgedto me that he/she/they executed the same in his/her/their authorized capacityfies),and that by his/her/their signature{s)on the instrument the person(s},or the entity upon behalf of whichthe person(s)acted executed the instrument. l certify under PENALTYOEPEPJUPYunder the laws of the State of Californiathat the foregoing paragraph is true and correct.
WlTNES5my hand:
Mycommission expires _____________________ ,_.
Mycommission number _____________________ __
Myprincipalplace of business is ‘ll _______________________ __ County.
NOTARYACKNOWLEDGMENT
A notary public or other officer completingthis certi'ficate verifies only the identity of the indi'vidua/who signed the document to whichthis certificateis attachedand not the truthfulness, accuracy, or validityof that document. personallyappeared_____________________________________________________ _, ITL7—0_TJ;(;I’g(T 13ES}7i7i?Sa}F§ZTESi7s7aTiEr}1.7vZiEZ;?J ESTn2}}-?§»2@7h;§§E$?JE}£re subscribed to the withininstrument and acknowledgedto me that he/she/they executed the some in his/her/their authorized capacityties),and that by his/her/their signature(s)on the instrument the person{s),or the entity upon behalf of whichthe person(s)acted, executed the instrument. l certify under PENALTYOEPEPJUPYunder the laws of the State of Californiathat the foregoing paragraph is true and correct.
WlTNES$my hand:
signature print name
Mycommission expires _____________________ __.
Mycomrrtissionnumber _____________________ __
Myprincipalplace of business is in _______________________ __ County.
NOTAPYACKNOWLEDGMENT
A notary public or other officer completing this certificate verifiesonly the identityof the individualwho signed the document to which this certificateis attached, and not the truthfulness, accuracy, or validityof that document. personallyappeared ______________________________________________ ,2 whoproved to me on the basis of satisfactory evidence to be the person(s) whose riame(s)is/are subscribed to the withininstrument and acknowledgedto me that he/she/they executed the some in his/her/their authorized capacity{ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. l certify under PENALTYOEPERJURYunder the lows of the State of Californiathat the foregoing paragraph is true and correct.
WlTNE55my hand:
print name
Mycommission expires _____________________ __.
Mycommissionnumber _____________________ __
Myprincipalplace of business is in _______________________ __ County.
INTHE CITYOF NORCO, COUNTYOF RNERSIDE. STATE OF CAIJFORNIA SHEET8 OF 3 SHEETS PARCEL MAP NO. 38021 .5.
BEINGA SUBDIVISIONOF A PORTIONOF LOT 12 INBLOCK 97 OF AUBURNDALECOLONYANDTOWNSITE SCALE 1_ _ 50,
AS SHOWNBYMAPON FILE INBOOK 6 OF MAPS AT PAGE 20, INCLUSIVETHEREOF, RECORDS OF SAN '
BERNARDINOCOUNTY,CALIFORNIA.LOCATED INSECTION 24, T. 3 S., R. 7 W., S.B.M.
SDH ANDASSOCIATES, INC. - ESWINO. VEGA,PLS 9164 - JUNE 2020 /-Fd. 7.5" brass disk in well TEMECULA,CALIFORNIA
*1 Spike 5' Wash” “°’"P5" "L37 532 "1
.. ..
flush, per CR 2079-0283. Accepted as
stamped LS‘ 3479’ dow" Fd. spil<e & washer stamped "LS. 8327". centerline intersection of Parkridge Avenue , 7-07 Def R75. 99/J~8. flush per CR 2079-0284 Accepted as my 7",“; 7 A 5,7 5 P5, p_7\/3 227/3_4_ SURI/E)/OR 5 NOTES N2J'57’76"E centerline intersection at Lincoln Avenue and U I on V U
Basis of Bearings are based upon the centerline of 26.75’ [26.77'] P/acid Drive per MB. 54/5l—52. Q LINCOLN AVENUE Parkridge Avenue, being l\l.35‘47'i2"E. as shown on Parcel (FORM;/;rLyQOQDWW STREET) Map No. 33755 on file 7'n Book 227 of Parcel Maps at '
Pages 3 through 4 thereof, Records of Riverside County, i _ N54'35_'07yE 73059:,(307122 [7305‘957_ _ _
C0/i'f0mi0- {8J4.78' per MB. 54/57-52) QPLACIDDR,
470.75’ (470 77' per MB. 54/57-52)
-——.—Indicates found monument as noted. .__, 7245.07’ <724s.00'> 7 \V 1 . I
7 7
,Q— indicates Set 7” l.P. w7'th "P.L.S. 9764" tag, flush, H2, ??: 52254 <52"'0‘7>
62254 <624'00>
unless otherwise noted. , »\g /iyBpr:;:I0I°"5 B
Set spike and washer tagged "P.L.S. 9754", flush at angle po7'nts inside parcel lines. AUBORNOALE COLONY & TO\NN$\TE MB. 5/20 5.5.
Est. by 7‘nt. per
. 7, Y7 .
Est. by proration
Set nail and tag P.L.S. 9764 , in top of curb at M5 5 20 53 MB 6 20 SB prolongation of side parcel lines 7'n lieu of front parcel \A- ' I / ' I per ' I / ' ' 5-gff7e[‘5_
N5435 27"E 7250. 87
I
Y
625.47’
( ) Indicates record data per Parcel Map No. 13765,
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easement cannot be determined from record.
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PARCEL 1
0.493AC.
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City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:
Acceptance of bids and award of Contract for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive)
RECOMMENDATION:
Accept bids and award a contract to Hardy & Harper, Inc. for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) in the amount of $264,000; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) were opened on January 6, 2022, with Hardy & Harper, Inc. of Lake Forest, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Hardy & Harper, Inc. in the amount of $264,000 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
BACKGROUND:
Plans and specifications for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) were advertised on December 14, 2021, with a bid opening date of January 6, 2022. A total of seven (7) bids were received with proposals ranging in value from $264,000 to $378,050. The bid summary analysis has been attached for Council’s review (Bid Summary Analysis). The Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) entails the construction of full depth pavement repairs, adjusting valves, curb ramps, constructing cross gutter and HMA dike, installation of striping on Norconian Drive from Fifth Street to Norco Drive (see attached Project Exhibit).
Staff has reviewed all the bids submitted and determined that Hardy & Harper, Inc. of Lake Forest, California as being the lowest responsible bidder in the amount of $264,000 (see attached Hardy & Harper, Inc. Bid). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all
requirements and the contractor has the experience to complete the required construction activities for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive).
Staff is recommending that City Council accept bids and award a contract to Hardy & Harper, Inc. in the amount of $264,000 and authorize the City Manager to approve contract change orders up to 10% of the total bid amount.
FISCAL IMPACT:
The Norconian Drive Pavement Project was approved as a Capital Improvement Project (CIP) project for Fiscal Year 2021-2022. Funds in the amount of $380,000 ($340,000 for construction and $40,000 for design costs - project number 4928.30; 137.930.43160) are available and sufficient to fund the lowest bidder bid amount including the 10% contingency.
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) is consistent with Strategic Direction #1 - Establish funding for planning, maintenance, replacement and development of infrastructure.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Bid Summary
Project Exhibit
Bid
Contract
Company Name / Address BID
I.E. General Engineering
1440 Beaumont Ave., Ste. A2-130
Beaumont, CA 92223 $ 378,050.00
Onyx Paving Company, Inc.
2890 E La Cresta Ave.
Anaheim, CA 92806 $ 272,000.00
United Paving Co.
1880 North Delilah St.
Corona, CA 92879 $ 282,871.00
The R.J. Noble Company
P.O. Box 620
Orange, CA 92856 $ 286,255.00
All American Asphalt
P.O. Box 2229
Corona, CA 92878-2229 $ 298,610.00
Hardy & Harper, Inc
32 Rancho Circle
Lake Forest, CA 92630 $ 264,000.00
Copp Contracting, Inc.
6751 Stanton Ave.
Buena Park, CA 90621 $ 281,410.00
$ -
$ -
$ -
$ -
$ -
City of Norco
Norconian Drive Pavement Resurfacing
January 6, 2022 - 10:00 A.M.
BID SUMMARY SHEET
NORCONIAN DR PAVEMENT RESURFACING
PROJECT, FIFTH STREET TO NORCO DRIVE
ITEM QUANTITY UNIT DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) $5,100.00 $5,100.00 $6,285.50 $6,285.50 $8,000.00 $8,000.00 2 1 LS DEVICES $39,894.00 $39,894.00 $27,000.00 $27,000.00 $13,000.00 $13,000.003 1 LS COMPACTION TESTING AT $8,160.00 $8,160.00 $5,000.00 $5,000.00 $3,500.00 $3,500.004 1 LS CONSTRUCTION SURVEY & MONUMENT RESTORATION AT $8,874.00 $8,874.00 $8,800.00 $8,800.00 $6,000.00 $6,000.00 5 74,000 SF
A DEPTH OF 4" BELOW EXISTING SURFACE AT $0.39 $28,860.00 $0.50 $37,000.00 $0.39 $28,860.00 6 750 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY $64.70 $48,525.00 $69.69 $52,267.50 $79.00 $59,250.007 1,300 TON CONSTRUCT 2.5" AC B-PG 64-10 BASE AT $64.70 $84,110.00 $69.69 $90,597.00 $81.00 $105,300.008 350 LF CONSTRUCT HMA DIKE TYPE E PER CALTRANS STND PLAN NO. A87B AT $26.52 $9,282.00 $18.00 $6,300.00 $31.00 $10,850.00 9 10 EA
ADJUST EXISTING VALVE TO FINISHED SURFACE $375.00 $3,750.00 $200.00 $2,000.00 $600.00 $6,000.00 10 750 SF
REMOVE EXISTING & CONSTRUCT CROSS & LONGITUDINAL GUTTER PER CITY OF NORCO STND. DWG NO 225 $16.34 $12,255.00 $17.00 $12,750.00 $29.00 $21,750.00 11 2 EA
NO. 115, CASE & TYPE PER PLAN. INCLUDES REMOVAL & REPLACEMENT OF CURB & GUTTER & 2' WIDE FULL DEPTH A.C $4,080.00 $8,160.00 $5,000.00 $10,000.00 $5,900.00 $11,800.00 12 1 LS THERMOPLASTIC STRIPING, MARKING, & SIGNING AT $7,030.00 $7,030.00 $14,000.00 $14,000.00 $7,100.00 $7,100.00 BASE BID TOTAL: $264,000.00 $272,000.00 $281,410.00
HARDY & HARPER, INC. ONYX PAVING CO., INC. COPP CONTRACTING, INC
BID SUMMARY SHEET
NORCONIAN DR PAVEMENT RESURFACING
PROJECT, FIFTH STREET TO NORCO DRIVE
ITEM QUANTITY UNIT DESCRIPTION
BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) 2 1 LS DEVICES3 1 LS COMPACTION TESTING AT4 1 LS
CONSTRUCTION SURVEY & MONUMENT RESTORATION AT
5 74,000 SF
A DEPTH OF 4" BELOW EXISTING SURFACE AT
6 750 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY7 1,300 TON CONSTRUCT 2.5" AC B-PG 64-10 BASE AT8 350 LF CONSTRUCT HMA DIKE TYPE E PER CALTRANS STND PLAN NO. A87B AT 9 10 EA
ADJUST EXISTING VALVE TO FINISHED SURFACE
10 750 SF
REMOVE EXISTING & CONSTRUCT CROSS & LONGITUDINAL GUTTER PER CITY OF NORCO STND. DWG NO 225 11 2 EA
NO. 115, CASE & TYPE PER PLAN. INCLUDES REMOVAL & REPLACEMENT OF CURB & GUTTER & 2' WIDE FULL DEPTH A.C 12 1 LS THERMOPLASTIC STRIPING, MARKING, & SIGNING AT
BASE BID TOTAL:
UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$8,299.00 $8,299.00 $6,400.00 $6,400.00 $8,000.00 $8,000.00 $18,616.00 $18,616.00 $14,500.00 $14,500.00 $21,000.00 $21,000.00 $3,647.00 $3,647.00 $4,800.00 $4,800.00 $8,000.00 $8,000.00 $12,882.00 $12,882.00 $9,300.00 $9,300.00 $10,000.00 $10,000.00 $0.69 $51,060.00 $0.60 $44,400.00 $0.67 $49,580.00
$72.49 $54,367.50 $80.00 $60,000.00 $71.00 $53,250.00$64.12 $83,356.00 $65.00 $84,500.00 $71.00 $92,300.00$54.68 $19,138.00 $17.00 $5,950.00 $27.00 $9,450.00 $176.50 $1,765.00 $80.50 $805.00 $1,300.00 $13,000.00
$15.69 $11,767.50 $48.00 $36,000.00 $23.00 $17,250.00
$4,117.50 $8,235.00 $6,100.00 $12,200.00 $4,830.00 $9,660.00$9,738.00 $9,738.00 $7,400.00 $7,400.00 $7,120.00 $7,120.00 $282,871.00 $286,255.00 $298,610.00
UNITED PAVING COMPANY RJ NOBLE COMPANY All AMERICAN ASPHALT
BID SUMMARY SHEET
NORCONIAN DR PAVEMENT RESURFACING
PROJECT, FIFTH STREET TO NORCO DRIVE
ITEM QUANTITY UNIT DESCRIPTION
BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) 2 1 LS DEVICES3 1 LS COMPACTION TESTING AT4 1 LS
CONSTRUCTION SURVEY & MONUMENT RESTORATION AT
5 74,000 SF
A DEPTH OF 4" BELOW EXISTING SURFACE AT
6 750 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY7 1,300 TON CONSTRUCT 2.5" AC B-PG 64-10 BASE AT8 350 LF CONSTRUCT HMA DIKE TYPE E PER CALTRANS STND PLAN NO. A87B AT 9 10 EA
ADJUST EXISTING VALVE TO FINISHED SURFACE
10 750 SF
REMOVE EXISTING & CONSTRUCT CROSS & LONGITUDINAL GUTTER PER CITY OF NORCO STND. DWG NO 225 11 2 EA
NO. 115, CASE & TYPE PER PLAN. INCLUDES REMOVAL & REPLACEMENT OF CURB & GUTTER & 2' WIDE FULL DEPTH A.C 12 1 LS THERMOPLASTIC STRIPING, MARKING, & SIGNING AT
BASE BID TOTAL:
UNIT BID TOTAL
$10,000.00 $10,000.00$10,000.00 $10,000.00
$8,500.00 $8,500.00$9,000.00 $9,000.00
$0.95 $70,300.00
$110.00 $82,500.00$105.00 $136,500.00
$35.00 $12,250.00
$650.00 $6,500.00
$16.00 $12,000.00
$5,500.00 $11,000.00$9,500.00 $9,500.00
$378,050.00
I.E. GENERAL ENGINEERING
32 RanchoCircle;Lake Forest, CA 92630
BlDDER’S NAME; Hardy & Harper, Inc.
TO CITY OF NORCO, as AGENCY:
In accordance with AGENCY‘S “Notice Inviting Sealed Bids," the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDERdeclares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth inthe following Proposal Bid Sheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed willresult in forfeiture to AGENCY of the Bid Bond accompanying this proposal.
BIDDERunderstands that a bid is required forthe entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liabilityfor workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
BIDDERcertifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDERdeclares in the attached Non-Collusion Affidavit that the only persons or parties
CITY OF NORCO
NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT,
FIFTHSTREET TO NORCO DRIVE
FOR
PROPOSAL
interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCYis personally interested, directly or indirectly, in this proposal; that this proposal? is madewi_thout'connectionto any other individual, firm, or corporation making a bid for the same work;and thatthis proposal is in all respects fair and without collusion or fraud. ' ‘
BIDDER certifies that affirmativeaction has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmativeactions haveibeencarefully documented, that said documentation is open to inspection,and that said affirmative action willremain in effect for the life ofany contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action willbe taken to meet all equal employment opportunity requirements ofthe Contract Documents.
DATED: January 3 , 2022 BIDDER: Hardy & Harper, Inc.
BY:
TITLE; Michael 11 , Vice President
P—
B|DDER'S ADDRESS: 32 Rancho Circle
Lake Forest, CA 92630
PHONE: 714-444-1851
BIDDERcertifies that the following information is true and correct:
Bidder's Name: Hard &Ha“ er, Inc.
Business Address:
B|DDER'S INFORMATION
State Contractor's License No. and Class: 215952 / A, C-8 & C12 Original Date Issued: 3/13/1963 Expiration Date: 12/31/2023 The following are the names, titles, addresses, and phone numbers of all individuals, fir members, partners, joint venturers, and/or corporate officers having a principal interestm i this proposal: n
Daniel T. Maas - President - 32 Rancho Circle Lake Forest CA 92630 - 714-444-1851 Michael Murra - Vice President - 32 Rancho Circle Lake Forest CA 92630- 714-444-1851 Tanner Hambri ht - Vice President 32 Rancho Circle, Lake Forest, CA 92630 - 714-444-1851 Kristen S. Paulino - Vice President 32 Rancho Circle Lake Forest CA 92630 - 714-444-1851 The dates of anyvoluntaryor involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
N/A
Allcurrent and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
N/A
P—
32 Rancho Circle, Lake Forest, CA 92630
Telephone: 714-444-1851
if 9/
Address or Name of Firm: N/A
Business Address: N/A
CONTRACTOR'S LICENSING STATEMENT
The undersignedis licensedin accordance with the laws of the State of California providing for the registrationofContractors".
Contractor'sLicenseNumber: 215952
Name of individual Contractor (Print or Type):
N/A
Signature of Owner: N/A
Address or Name of Corporation: Hard & Ha er Inc.
Business Address: 32 Rancho Circle Lake Forest CA 92630 Corporation organized under the laws of the State of Cali ia Name: N/A
Address: N/A
Name: N/A
Title: N/A
ignatu re of ecretary of Corporation
Kristen S. Paulino, Corporate Secretary
Signatur o reside of orporation
Michae urray, Vice resident
Title: N/A
Business: N/A
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SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersignedibidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who willperform work or labor or render service to the Prime Contractorspecially fabricates and installs a portion of the work or improvement according to ‘detailed drawings contained in the plans and specifications, in an amount in excess of one-half (-1/2) ofone percent (1%) of the General Contractor’s total bid amount or, in the case of bids oroffers for the construction of streets or highways, including bridges in excess of one-half of1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor
Name Under Specific
Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Office Work Bid
Ifthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuantto paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location fo that subcontractor.
Janura 3 2022 Hardy & Harper, Inc.
Dated Bidder
Mlchae Muff Si a re Vice President
Signature
P—
WP
REFERENCES
The following are the names, addresses, and phone numbers forthree public agencies for which BIDDER has_performed similar work within the past two years:
Please see attached Past P-ro'ectReferences.
777 s. Fi uerdaSfreetLos An eles CA 90017
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Fideli &De osit Com an of Ma 1and- 213 270-0600
Alliant Insurance Services Inc. — 949 756-0271
1301 Dove Street, Suite 200, Ne ort Beach, CA 92660
Commercial Sure B0ndA enc - 714 516-1232
1411 N. Batavia street‘Oran e CA 92630
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OWNER/AGENCY
Los Angeles County Public Works_
900 S. Fremont Street
Alhambra CA 91803
City of San Clemente
910 Calle Negocio
San Clemente CA 92673
City of Irwindale
5050 N. Irwindale Avenue
lrwindale, CA 91706
City of Brea
1 Civic Center Circle
Brea CA 92821
City of Colton
650 N. La Cadena Drive
Colton CA 92324
City ofBurbank
301 E. Olive Avenue
Burbank CA 91502
Riverside County Trans. Dept.
3525 14thStreet . Riverside CA 92501
City of Jurupa Valley
8930 Limonite Avenue
Juru aVa11e CA 92509
City of Downey
11111 Brookshire Avenue
Downe CA 90241
City of Pasadena
100 N. Gar?eld Avenue
Pasadena CA 91101
City of Downey
11111 Brookshire Avenue
Downe CA 90241
City of Westminster
8200 Westminster Blvd _ Westminster CA 92683-
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto CA 92583
City of Cypress
5275 Orange Avenue
C ress CA 90630
City of Lancaster
44933 Fem Avenue
Lancaster CA 93534
City ofl)iam0nd Bar
21810 Copley Drive
Diamond Bar CA 91765
2017-2021 PAST PROJECT REFERENCES
CONTACT
JulietMendez‘
(661) 947-7173_ .
'mendezad w.lacount . ov
Tonya Bigney
(949) 361-6119
bi ne ta san-clemente.or
Luis Pimentel
(626) 430-2259
1 imentelr irwindaleca. ov
Steve Kooyman
(530) 318-1066
skoo manainteiwest r .com
Jess Sotto
(909) 370-5551
'sotto coltonca. ov
Adam Salelii
(818) 238_-3946
Herbert D. Lima
(951)955-6779
hlima rivco.or
Desiree Flores
(951) 332-6464
d?ores a'uru avalle .or Desi Gutierrez
(562) 904-7110
cl utierra downe ca.or
Tony An
(626) 744-7403
tan((Dcit of asadena.net
Edwin Norris
(562) 904-7110
enorris a downe ca.or Marwan N. Youssef
(714) 548-3460
ve'ohnson tbwesminster-ca. ov Kristy
(951) 654-3592
krist trilakeconsultants.com
Public Works
(714) 229-6740
Luis Garibay
(661) 723-6110
1 ariba (1 citvo?ancaster.or
Jason Williams
(909) 839-7050
‘williams diamondbarca. ov
PROJECT NAME, AMOUNT, & COMPLETION DATE
Elizabeth Lake Road
Contract Amount: $754,127.08
Com letion Date: Jul 2021
Major Street Maintenance - FY 2021
Contract Amount: $470,429.01
Com letion Date: June 2021
2020-2021 Resurfacing Project
Contract Amount: $544,31 1.93
Com letion Date: Ma 2021
Imperial Highway / Berry St. Intersection Improvements
Contract Amount: $579,648.80
Com letion Date: Ma 2021
FY 20-21 Asphalt Paving Project
Contract Amount: $2,695,493.64
Com letion Date: Ma 2021
2020 Street Improvement Project
Contract Amount: $1,253,099.98
Com letion Date: A ril 2021
Camino Aventu ra Resurfacing Project
Contract Amount: $266,209.90
Corn letion Date: A ril 2021
2020-2021 Pavement Rehabilitation
Contract Amount: $427,863.00
Com letion Date: March 2021
3rd Street Pavement Rehabilitation Project
Contract Amount: $338,159.19
Com letion Date: March 2021
Preventative Maintenance Services
Contract Amount: $2,424,216.00
Com letion Date: A ril 2019
CIP No. 18-02 Residential Street Rehab. Project
Contract Amount: $1,808,000.00
Corn letion Date: March 2019
Citywide Residential Street Improvements
Contract Amount: $1,452,000.00
Com letion Date: Februai ' 2019
2018 Downtown Pavement Rehabilitation
Contract Amount: $1,818,000.00
Com letion Date: Janua 2019
Community Center Parking Lot Seal Coat Project 223
Contract Amount: $75,827.00
Com letion Date: December 2018
2018 Sidewalk, Curb & Gutter Repairs
Contract Amount: $1,976,000.00
Com letion Date: December 2018
Residential & Collector Road Rehabilitation Project
Contract Amount: $1,551,000.00
Com letion Date: December 2018
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OWNER/AGENCY
City of Tustin
300 Centennial Way
Tustin CA 92780
City of Fountain Valley
10200 Slater Avenue
Fountain Valle .CA 92708
City of Pomona
505 South Garey Avenue
Pomona. CA 91766
City of Rancho Palos Verdes
30940 HawthomBlvd
Rancho Palos Verdes CA 90275
City of Covina
125 E. College Street
Covina CA 91723
City of Lancaster
44933 Fern Avenue
Lancaster CA 93534 '
City ofDana Point
33282 Golden Lantern
Dana Point.CA 92629
City oflnglcwood
1 Manchester Blvd
ln lewood.CA 90301
City of Ontario
303 East B Street
Ontario CA 91764
City of Pasadena
100 N. Gar?eld Avenue
Pasadena CA 91101
City of Irvine
1 Civic Center Plaza
Irvine CA 92623
City ofHighland
27215 Baseline Road
Hi hland. CA 92346
City of Laguna Hills
24025 El Toro Road
La una Hills CA 92653
City of Signal Hill
2175 Cherry Avenue
Si nal Hill CA 90755
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamon a CA 91730
City of Newport Beach
100 Civic Center Drive
Ne ort Beach CA
CONTACT
Mario Medina.
(949) 394-8955
mmedina tustinca.or
Fatana Temory
(714) 593-4433
fatana.temor fbfountainvalle .or
Public Works
(909) 620-2261"
wenineerinci. omona.ca.us RonDragooi
(310) 544-5252
kwolek 1ch.ca. ov Chris Marcarello
(626) 384-5490 w covinaca. ov Luis Garibay
(661) 723-6110
1 ariba c cit o?ancaster.or
Matthew Sinacori
(949)248-3500
msinacori a dana oint.or
Hunter Nguyen
(310) 412-5333
hhuntern cit o?n 1ewood.or
Miguel Sotomayor
(909)395-2108 msotoma or aontarioca. ov Tony An
(626) 744-7403
tan cit of asadena.net
Brian Brown
(949) 724-6000
bbrown a ci o?rvine.or
John Egan
(909) 890-1255
'e an a erscinc.com
Public Works
(949) 707-2650
Anthony Caraveo
(562) 989-7352
acaraveoftbcit ofsi 11alhill.or
Romeo M. David
(909) 477-2740
romeo.david a cit ofrc.us
Frank Tran
(949) 644-3340
ftran a new ortbeachca. ov
2017-2021‘PASTPROJECT REFERENCES
PROJECT NAME, AMOUNT, & COMPLETION DATE
FY 2017-18 Roadway Rehab. & Sidewalk Repair
Contract Amount: $1,575,125.00
Com letion Date: October 2018
Resurface & Rehab. of Euclid St from Slater to Warner
Contract Amount: $1,077,000.00
Com letion Date: Se tember 2018
Major Street Improvements
Contract Amount: $3,839,000.00
Com letion Date: Au ust 2018
Residential Street Rehabilitation Project
Contract Amount: $2,227,000.00
Com letion Date: Ma 2018
Grand Ave. Street Rehabilitation No. STPL-51 18(020)
Contract Amount: $3,030,000.00
Com etion Date: Ma 2018
2017 Pavement Management Program 17-003
Contract Amount: $2,727,000.00
Com etion Date: A ril 2018
Arterial Roadway Resurface & Pavement Preservation
Contract Amount: $3,993,000.00
Com etion Date: Janua 2018
Streets and Alleys Rehabilitation Project
Contract Amount: $2,639,330.06
Com etion Date: November 2017
ATP Cycle I Safe Routes to School Sidewalk Improvements Contract Amount: $824,850.88
Corn etion Date: October 2017
Preventative Maintenance of Streets 2016
Contract Amout: $945,932.59
Com etion Date: Au ust 2017
Yale Ave Rehabilitation Irvine Center Drive No. 17-1160 Contract Amount: $2,453,343.83
Com etion Date: Jul I 2017
West Highland Bikeways Infrastructure & Pavement Imp.
Contract Amount: 2,678,788.77
Com letion Date: Jul ' 2017
Arterial Pavement Management Project
Contract Amount: $1,375,406.90
Com letion Date: June 2017
Willow Street Improvement Project
Contract Amount: $922,100.43
Com letion Date: June 2017
Red Hill Park Pedestrian Trail Renovation Project
Contract Amount: $171,888.70
Com letion Date: March 2017
MacArthur Blvd Pavement Rehabilitation
Contract Amount: $2,142,045.66
Com letion Date: March 2017
CITY OF NORCO
BID BOND
FOR
NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT,
FIFTH STREET TO NORCO DRIVE
KNOW ALL MEN BY THESE PRESENT that Hard)/& Harper. "10- , as BIDDER, and
Fidelity and Deposit Company of Maryland as
SURETY, are held and firmly bound unto THE CITY OF NORCO, as AGENCY, in the penal sum of Ten Percent of the Amount Bid dollars
($10% ), which ise1Opercent ofthe total amount bid by BIDDERto AGENCY for the above stated project, forthe payment ofwhich sum, BIDDERand SURETY agree to be bound, jointly and severally, ?rmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDERis aboutto submit a bid to AGENCY forthe above stated project, ifsaid bid is rejected, or ifsaid bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time speci?ed, then this obligation shall be null and void, othenivise itshall remain in full force and effect in favor of AGENCY.
WITNESS our hands this 27th day of December, 2021,>2>@2>2>.< (seal)
Hardy & Harper, Inc.
CONTRACTOR
(CORPORATION) — TYPE
By:
Vice Presi ent cha M ay
By:
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Subscribed and sworn to before me this day of ,
Secretary; ureas rer- Kristen S. Paulino
Seal of Notary‘
Notary Public
P—
Bond No. CSBA-19461
Dwight Reilly
Mailing Address; 777 South Figueroa Street, Suite 3900
BIDBOND (PAGE 2)
Name
Signature:
NOTE: SIGNATURE OF SURETY MUST BE NOTARIZED:
Subscribed and sworn to before me
this __ day of ,
Title: Attorne -in-Fact
P-8
Seal of Notary:
Notary Public
SURETY’S NAME-TYPE: Fidelity and Deposit Company of Maryland Los Angeles, CA 90017
(seal)
CALIFORNIA JUFIAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 x See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of Oran 6
Seal
Place Notary Seal Above
Subscribed and sworn to (or affirmed) before me
December ,20 21 on T: this 28 day of
by Date Month Year
(1) Mi h 1M 21
(and (2) Kristen S. Paulino )
Name(s) 1 of Signer(s)
proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.
Signature
S’ natur of otary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
©2014 NationalNotaryAssociation - www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) item #5910 <22
MORGANE.RIERSON
Notary Public- California
Orange County . Commission# 2377551
MyComm.Expires Oct 5, 202
ACKNOWLEDGMENT
A notary public or other of?cer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validi of that document.
State of California
County of Oran e
On 12/27/2021 before me, Melissa Ann Vaccaro Nota Public (insert name and title of the of?cer)
personally appeared Dwi ht Reill
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
8 °' MELISSAANNVACCARO
COMM. #2241394
' Notary Public-California
* ORANGEcoumv
’ MyComm.ExpiresMay 12, 2022
FRS3
Melissa Ann Vaccaro
Signature (Seal)
Bond No. CSBA-19461
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSITCOMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certi?ed to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STON G and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its of?ce in New York, New York., the regularly elected of?cers of the COLONIAL AIVIERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY or MARYLAND, this 15th day oflanuary, A.D. 2020. §"‘»“?;'?%"' au- --- ;2 =, : saiu. _ “at me £5 3, ,: .,_, a ' -... my
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
VicePresident
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and quali?ed, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, Ihave hereunto set my hand and affixed my Official Seal the day and year ?rst above written.
Q_._t>.’,,, ,
ConstanceA. Dunn, Notary Public
My Commission Expires: July 9,2023
NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned declares:
I am the Vice President of Hard &Ha er, Inc., the party making the foregoing bid.
The bid is not madein the-interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited-liability company, limited liabilitypartnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1/3/2022 [date], at Lake Forest [City], California [State].
8.87‘l.0O8.%."L°°
8,|G0.oo 3.|c,o.oo
$gloo.oo §¢loo-oo
CITY OF NORCO
PROPOSAL BID SHEET
' ' FOR
NORCONIANDRIVEPAVEMENT RESURFACING PROJECT,
FIFTH STREET TO NORCO DRIVE
DESCRIPTION OF ITEIVIS UNIT
TEM QUANTITY UNIT WITH UNITPRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
Clearing & Grubbing,
Mobilization,NPDES/SWPPP
Requirements at (Max 3% of
1 L.S. bid) $
Per Lump Sum
Traffic Control Plans &
Construction Devices
L.S.
0.3‘! Z.8.8oo
Construction Survey and
Monument Restoration at
L.S.
Per Lump Sum
Sawcut and Remove Existing
A.C. and Subgrade to a Depth
5 74 000 S F
of 4" Below Existing Surface at $
Per Square Foot
P-10
Per Lump Sum
Compaction Testing at
Per Lump Sum
L.S.
1,300 TON
375.00 3(£0.00
.57. .00
Adjust Existing Valve to
Finished Surface at
EA.
DESCRIPTIONOF ITEIVIS
ITEIVI QUANTITY UNIT WITH UNITPRICE WRITTEN
.750
350
TON
L.F.
INWORDS
Construct 1.5” AC C2-PG 64-
10 Overlay at
Per Ton
Construct 2.5” AC B PG 64-10
Base at
Per Ton
Construct HMADike Type E
Per Caltrans Standard Plan No.
A87B at
Per Square Foot
UNIT
PRICE IN
FIGURES
MM
$,_
09:70
MM
TOTAL
MN‘
8.£25 .00
MM
8‘1.Ho.o
10. 750 S.F.
Remove Existing and Construct
Cross and Longitudinal Gutter
Per City of Norco Standard
Drawing No. 225 at
Per Square Foot
M‘
$"*1éIQ ‘3"i
MM
i2u7~?5'-
P10
Per Each
'108o«oo 8.l
7.030.130 0°
Per Lump Sum
‘I2
DESCRIPTION OF ITEMS UNIT
ITEM QUANTITY UNIT WITHUNIT PRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
Construct PCC Curb Ramp Per
SPPWC Std. Plan No. 115,
Case and Type Per Plan.
Includes Removal and
Replacement of Curb and $ $ Gutter and 2’ Wide Full Depth A.C. at
11 2 EA.
Per Each
Thermoplastic Striping,
Marking, & Signing at
L.S.
P-12
:_OOO (3.0
Q vxd \<—\-\4_ ‘ED 0 0‘
1TDo_[LavS
NORCONIAN DRIVEPAVEMENT RESURFACING PROJECT,
FIFTH STREET TO NORCO DRIVE
(BID ITEMS 1-12)
714-444-1851
Bidders Name and Telephone Number
NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided.
Hard &Ha er Inc.
P13
TOTAL AMOUNT
TOTAL AMOUNT INWORDS
Subscribed and sworn to this 3 day of J ura , 2022.
Hard &Ha er Inc.
PROPOSAL
INWITNESS WHEREOF,BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 3 day of Janua , 2022.
By Please see attached Jurat
Title
AGENCY acknowledges that this proposal was received and opened at the time and inthe place specified, andthat itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.
BY
Title
NOTARY
P-14
32 Rancho Circle Lake Forest CA 92630
Michael Murra , Vice Presid nt
BIDDE
gs
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 X See Attached Document (Notary to cross out lines 1—6below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California Subscribed and sworn to (or affirmed) before me CGun ty 0 f 0 ran e
on this 3 day of Janua
by Date Month Year
(1) Michael Murra
(and (2)
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the person(x) who appeared before me.
Signature
S‘ ature otary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
©2014 NationalNotary Association - www.NationalNotary.org- 1-800-US NOTARY(1—800-876-6827) Item #5910 ,2O 22
MORGANE.RIERSON
Notary Public- California
Orange County
Commission# 2377551 ’ MyComm.ExpiresOct 5, 202
DANIELMAAS
KRISTENS. PAULINO
TESSA MAAS
Present at the meeting were all of the Directorsof the Corporation:
MINUTESOF THE SPECIAL MEETING
OF
HARDY & HARPER,INC.
A specialmeetingof the directorsof HARDY & HARPER, INC. was held at the principa l
of?ce of the corporation,onJanuary Q , 2021, at 11:00 am. pursuant to the call made by the Secretaryand writtennotice waived by the directorsby signingthese minutes.
Pursuant to the provisions and bylaws, DANIEL I\/LAASas Chief Financial Of?cer and KRISTEN PAULINO, as Secretary of the Corporation,presidedover the meeting.
The purpose ofthe meeting wasto nominate and electtwo Vice-Presidents of the Company DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice—President of StrategicDevelopment, and as Vice—Presidenthe is herebyauthorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was electedVice-President/OperationsManager for the corporationwith authority to sign contracts on behalf of the corporation and authorizedto sign checking and bank accounts on behalf of the corporationwhere the corporation has established bank and checkingaccounts.
}
DATED: January if '- ,
There being116further“businessit was moved second and carried that the meeting be ‘L .
" /‘‘,x’,2‘ 5:2 {-11
-'/‘ ~..-..,.— SSAMAA’,Diréétor
.\
~
ISTEN P ULINO. Director/Secretaxy
DANIEL.MAAS,Director/
adjourned
s'—‘l ;- 2-\L.'?llI.q CONTRACTORS ZCZE STATE LICENSE BOARD l£FIll'|n1ENVOF’:?N§AmEI-ii‘!-IS
Licensiuumber 2 1 Enmy RP
Eusll-mssNamv HARDY& HARPER INC
c.mr.¢.u...¢s. A C-8 C12
Exnirallwl um WWW.CS”'.‘"‘i.gOV
?x. .%..
https://cadir.secure.force.com/Contractorsearch/registrationsearchDetails?id=a1Rt0000003rikvEAA fHARDYacHARPER,INC.
5FEDERAL INSURANCECOMPANY
54310019
1/2
11/9/21, 11:51 AM Registrations
$.i_?1t<.“< .°fCa|if°mia
A Department of Industrial Relations (httpg/._' }r.ca.gov/) Contractor Information Registration Hist_ory_____
_ Effective Date Expiration Date Legal Entity Name
HARDY81HARPER,INC. 06/15/18 06/30/19
Legal Entity Type ‘ Cmporation 05/09/17 06/30/18
06/08/16 06/30/17
_ , Back to DIR>> (https://wwvv.dir.ca.gov/) Registration Number 05/19/15 06/30/15 1000000076
Registration effective date 07/02/14 05/30/15
07/01/21
Registration expiration date 07/01/19 06/30/20
05/30/32 07/01/20 05/30/21
Mailing Address
32 Rancho Circle Lake Forest 92630 CA United Stat... 07/01/21 06/30/22 Physical Address
32 Rancho Circle Lake Forest 92630 CA United Stat...
Email Address
[email protected]
Trade Name/DBA
License Number (5)
CSLB:215952
CSLB:21595Z
LegalEntity Information
Corporation Entity Number: C0443071
Federal Employment Identi?cation Number: 952251022
President Name: ' Daniel T Maas
Vice President Name_:. MICHAELMURRAY
Treasurer Name:
Secretary Name: KRISTENS PAULINO
CEO Name: DANIELT MAAS
Agen_cyforService:
Agent of Service Name: DANIELT MAAS
Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630 CA United States of America Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: ;No Please provide your current worker's compensation insurance information below: I
PEO PEO PEO
PEO|nformationName Phone Email
Insured by Carrier
Policy Holder Name:
Insurance Carrier:
Policy Number:
P.-.
CA-1
CITY OF NORCO
NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT
(FIFTH STREET TO NORCO DRIVE)
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 19th day of January 19, 2022 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Hardy & Harper, Inc., a corporation with its principal place of business at 32 Rancho Circle, Lake Forest, CA 92630 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street pavement improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 20 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
CA-2
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.
Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Daniel T.
Maas–President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business
CA-3
License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
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$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
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Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
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(v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as
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applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.
The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may
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be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by
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giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Attention: Daniel T. Maas, President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor
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or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
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3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.
For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Contractor: Hardy & Harper, Inc.
*By:
__________________________
Signature
Daniel T. Maas, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
___________________________
Greg Newton, Mayor
ATTEST:
___________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
___________________________
John R. Harper, City Attorney
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EXHIBIT A
Scope of Norconian Drive Pavement Resurfacing Project (Fifth Street to Norco Drive) The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of the construction of full depth pavement repairs, adjusting valves, curb ramps, constructing cross gutter and HMA dike, installation of striping on Norconian Drive from Fifth Street to Norco Drive to the satisfaction and acceptance of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
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EXHIBIT B
Proposal Document
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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:
NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT (FIFTH STREET TO
NORCO DRIVE)
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of the construction of full depth pavement repairs, adjusting valves, curb ramps, constructing cross gutter and HMA dike, installation of striping on Norconian Drive from Fifth Street to Norco Drive to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on
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his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2022.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.
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The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this ____ day of ___________, in the year _________, before me,
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______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:
NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT (FIFTH STREET TO
NORCO DRIVE)
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of the construction of full depth pavement repairs, adjusting valves, curb ramps, constructing cross gutter and HMA dike, installation of striping on Norconian Drive from Fifth Street to Norco Drive to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary
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services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2022.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
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The rate of premium on this bond is ________________________ per thousand.
The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________ _______________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
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On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.
_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
CA-23
GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
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9. Description of Project:
NORCONIAN DRIVE PAVEMENT RESURFACING PROJECT (FIFTH STREET TO
NORCO DRIVE)
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of the construction of full depth pavement repairs, adjusting valves, curb ramps, constructing cross gutter and HMA dike, installation of striping on Norconian Drive from Fifth Street to Norco Drive to the satisfaction and acceptance of the City Engineer.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage,
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“Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company _____________________________________________ Policy Number _____________________
2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________
3. Named Insured________________________________________________
4. Address of Named Insured________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this
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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
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C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
CA-30
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
CA-31
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________
CA-32
CA-33
CA-34
CA-35
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Designation of Applicant’s Agents for the State of California Governor's Office of Emergency Services
RECOMMENDATION:
Adopt Resolution 2022-04, to approve the City Manager, Public Works Director, Community Services Director, and Finance Director as Designated Applicant Agents for the State of California Governor's Office of Emergency Services (Cal OES) for the purpose of obtaining federal financial assistance under the California Disaster Assistance Act.
SUMMARY:
Staff recommends that the City Council adopt Resolution No. 2022-04 to designate the City Manager, Public Works Director, Community Services Director, and Finance Director as applicant agents for the State of California Governor's Office of Emergency Services (Cal OES) for the purpose of obtaining federal financial assistance under the California Disaster Assistance Act.
BACKGROUND:
On March 8, 2020, the Riverside County's Public Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a Novel Coronavirus (COVID-19) in Riverside County.
On March 10, 2020, the County of Riverside proclaimed a local emergency. The Governor of California proclaimed a State of Emergency on March 4, 2020, pursuant to the authority vested in him, particularly, Government Code section 8625.
On March 13, 2020, President Trump declared the Coronavirus Pandemic a National Emergency.
On Monday, March 16, 2020, the City of Norco declared a local emergency to increase its efforts to protect the public from COVID-19. The City of Norco proclamation of local emergency notes that “there exists conditions of a disaster or extreme peril to the safety of persons or property within the territorial limits of the City of Norco that are beyond the control for the services, personnel, equipment and facilities of the City for the reason of COVID-19.” The declaration of local emergency comes as local, state and federal governments are working in an attempt to control the spread of COVID-19 across the country, in order to reduce the potential of the virus to overwhelm the nation’s healthcare agencies.
On March 18, 2020, the City of Norco City Council ratified by unanimous vote the declaration of local emergency.
Based on the approved local declarations of emergency which allows for cost reimbursement through Federal Emergency Management Agency (FEMA). The City has submitted costs related to the emergency for possible reimbursement. In order to complete the process, a resolution of the City Council approving designated employees to submit reimbursement request on behalf of the City is required. Staff is recommending that the City Council, through the attached resolution, designate the City Manager, Public Works Director, Community Services Director and Finance Officer as the authorized agents to submit costs for reimbursements.
FISCAL IMPACT:
Request for Public Assistance through FEMA may provide partial reimbursement of City costs associated with the health emergency based on an imminent and proximate threat to public health from the introduction of a Novel Coronavirus (COVID-19) in Riverside County.
RELATIONSHIP TO STRATEGIC PLAN:
Appointing designated applicant Agents for the State of California Governor's Office of Emergency Services (Cal OES) for the purpose of obtaining federal financial assistance under the California Disaster Assistance Act. is consistent with Strategic Direction #3 – Ensure financial stability by identifying new revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
CalOES 130 Form
Resolution No. 2022-04
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: ______________________ Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
22 (Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section:
1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title. If “Titles Only” is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of three approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.”
Cal OES 130 (Rev.7/20) Page 2
RESOLUTION NO. 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING THE DESIGNATION OF APPLICANT
AGENTS TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY AND STATE OF CALIFORNIA OFFICE OF EMERGENCY
SERVICES FOR DISASTER RELIEF
WHEREAS, the County of Riverside Director of Emergency Services proclaimed the existence of a "Local Emergency", and was ratified by the Riverside County Board of Supervisors on March 10, 2020; and
WHEREAS, the Governor of California declared the County of Riverside and various other county jurisdictions as a state of emergency and filed for disaster relief and assistance to the Federal Emergency Management Agency (FEMA); and WHEREAS, the President of the United States declared a major disaster, making federal disaster aid available on March 13, 2020; and
WHEREAS, the County of Riverside was identified for Public Assistance through FEMA related to the health emergency based on imminent and proximate threat to public health, and so designated FEMA as thedeclaration for public assistance and aid; and
WHEREAS, On Monday, March 16, 2020, the City of Norco declared a local emergency; and
WHEREAS, due to a health emergency based on an imminent and proximate threat to public health from the introduction of a Novel Coronavirus (COVID-19) in Riverside County; and
WHEREAS, communities throughout the State and County of Riverside have been impacted by public health threat; and
WHEREAS, the County of Riverside continues to work with all the jurisdictions within the area to determine major impacts and efforts to reduce the public health threat; and
WHEREAS, that the City Council of the City of Norco, California, in order to receive grant funding for incident FEMA, must authorize designation of applicant agentsby resolution to request public assistance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Norco, California, doeshereby resolve that the positions of City Manager, Public Works Director, Community Services Director and Finance Director shall be deemed Designated Agents for the application for emergency public assistance, and have dutiesto mitigate the effects of the emergency.
Resolution No. 2022-04 – Designation of Applicant Agents for FEMA and CalOES
January 19, 2022
It is further resolved that a copy of this resolution be forwarded to the Office of the State Public Assistance Officer/California Governor's Office of Emergency Services,and Riverside County Office of Emergency Services, California.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regularmeeting held on January 19, 2022.
________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a meeting held on January 19, 2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on January 19, 2022. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: January 19, 2022 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:
Acceptance of bids and award of Contract for the Fortuna Et Al. Street Improvements Project
RECOMMENDATION:
Accept bids and award a contract to Copp Contracting, Inc. for the Fortuna Et Al. Street Improvements Project in the amount of $183,037; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the Fortuna Et Al. Street Improvements Project were opened on January 5, 2022, with Copp Contracting, Inc. of Buena Park, California being the lowest responsible bidder.
Therefore, it is recommended that a contract be awarded to Copp Contracting, Inc. in the amount of $183,037 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
BACKGROUND:
Plans and specifications for the Fortuna Et Al. Street Improvements Project were advertised on December 13, 2021, with a bid opening date of January 5, 2022. A total of seven (7) bids were received with proposals ranging in value from $183,037 to $268,870.
The bid summary analysis has been attached for Council’s review (Bid Summary Analysis). The Fortuna Et Al. Street Improvements Project entails the construction of pavement resurfacing, pavement reconstruction and various of street improvements on Fortuna Road, Melanie Avenue, Adelina Avenue and Michelle Road (see attached Project Exhibit).
Staff has reviewed all the bids submitted and determined that Copp Contracting, Inc. of Buena Park, California as being the lowest responsible bidder in the amount of $183,037 (see attached Copp Contracting, Inc. Bid). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all
requirements and the contractor has the experience to complete the required construction activities for the Fortuna Et Al. Street Improvements Project.
Staff is recommending that City Council accept bids and award a contract to Copp Contracting, Inc. in the amount of $183,037 and authorize the City Manager to approve contract change orders up to 10% of the total bid amount.
FISCAL IMPACT:
The Various Minor Street Pavement Project was approved as a Measure R Capital Improvement Project project for Fiscal Year 2021-2022. Funds in the amount of $330,000 ($300,000 for constructions and $30,000 for design costs - project number 54900.9; 132.930.43160) are available and sufficient to fund the lowest bidder bid amount including the 10% contingency.
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the Fortuna Et Al. Street Improvements Project is consistent with Strategic Direction #1 - Establish funding for planning, maintenance, replacement and development of infrastructure.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Andy Okoro, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Bid Summary
Project Exhibit
Bid
Contract
Company Name / Address BID
I.E. General Engineering, Inc.
1440 Beaumont Ave., Suite A2-130
Beaumont, CA 92223 $ 268,870.00
LC Paving & Sealing, Inc.
620 Alpine Way
Escondido, CA 92029 $ 265,416.58
The R.J. Noble Company
15505 E Lincoln Ave
Orange, CA 92856 $ 211,823.85
All American Asphalt
P.O. Box 2229
Corona, CA 92878-2229 $ 217,836.00
Onyx Paving Company, Inc.
2890 E La Cresta Ave
Anaheim, CA 92806 $ 195,000.00
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630 $ 196,000.00
Copp Contracting, Inc.
6751 Stanton Ave
Buena Park, CA 90621 $ 183,037.00
$ -
$ -
$ -
$ -
$ -
City of Norco
Fortuna Et Al. Street Improvements
January 5, 2022 - 10:00 A.M.
BID SUMMARY SHEET
FORTUNA ET. AL
STREET IMPROVEMENTS
ITEM QUANTITY UNIT DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) $5,000.00 $5,000.00 $5,000.00 $5,000.00 $10,764.00 $10,764.00 2 1 LS TRAFFIC CONTROL $9,350.00 $9,350.00 $27,185.00 $27,185.00 $24,350.00 $24,350.003 1 LS CONSTRUCTION STAKING & MONUMENT PRESERVATION $6,900.00 $6,900.00 $9,600.00 $9,600.00 $8,528.00 $8,528.00 4 8 EA
ADJUST EXISTING MANHOLE FRAME & COVER TO FINISHED SURFACE PER CITY OF NORCO STD. DWG $785.00 $6,280.00 $1,000.00 $8,000.00 $442.00 $3,536.00 5 3 EA SURFACE AT $485.00 $1,455.00 $200.00 $600.00 $442.00 $1,326.006 63,000 SF 1' COLD MILL EXISTING AC PAVEMENT $0.21 $13,230.00 $0.19 $11,970.00 $0.19 $11,970.007 650 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY AT $82.54 $53,651.00 $88.00 $57,200.00 $90.00 $58,500.008 85 TON CONSTRUCT 2.5" AC B-PG 64-10 OVERLAY AT $125.00 $10,625.00 $142.00 $12,070.00 $152.00 $12,920.009 120 TON CONSTRUCT 4" OF CLASS 2 AGGREGATE BASE $50.00 $6,000.00 $50.00 $6,000.00 $21.00 $2,520.00 10 4,300 SF
SAWCUT & REMOVE EXISTING A.C. PAVEMENT & SUBGRADE TO A DEPTH OF 8" BELOW EXISTING SURFACE AT $4.27 $18,361.00 $2.69 $11,567.00 $1.54 $6,622.00 11 1 EA
REMOVE EXISITING & CONSTRUCT 8' TICK PCC TRANSITION BETWEEN CROSS GUTTR TO EXISTING INLET AT $1,100.00 $1,100.00 $2,696.00 $2,696.00 $1,350.00 $1,350.00 12 1,700 SF
REMOVE EXISTING & CONSTRUCT CROSS GUTTER & SPANDREL PER CITY OF NORCO STD DRWG NO. 255 $22.00 $37,400.00 $16.61 $28,237.00 $24.00 $40,800.00 13 205 LF
REMOVE & REPLACE URB & GUTTER TYPE C PER CITY OF NORCO STND DRAWING NO 200. $59.00 $12,095.00 $55.00 $11,275.00 $58.00 $11,890.00 14 2 EA
ADJUST EXISTING SEWER TERMINAL CLEAN-OUT TO FINISHED SURFACE AT $585.00 $1,170.00 $1,500.00 $3,000.00 $442.00 $884.00 15 4 EA
INSTALL BLUE PAVEMENT MARKER PER SPPWC STND DWG. NO. 170-0 AT $105.00 $420.00 $150.00 $600.00 $10.00 $40.00 BASE BID TOTAL: $183,037.00 $195,000.00 $196,000.00
COPP CONTRACTING, INC ONYX PAVING CO., INC. HARDY & HARPER, INC.
BID SUMMARY SHEET
FORTUNA ET. AL
STREET IMPROVEMENTS
ITEM QUANTITY UNIT DESCRIPTION
BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) 2 1 LS TRAFFIC CONTROL3 1 LS
CONSTRUCTION STAKING & MONUMENT PRESERVATION
4 8 EA
ADJUST EXISTING MANHOLE FRAME & COVER TO FINISHED SURFACE PER CITY OF NORCO STD. DWG 5 3 EA SURFACE AT6 63,000 SF 1' COLD MILL EXISTING AC PAVEMENT7 650 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY AT8 85 TON CONSTRUCT 2.5" AC B-PG 64-10 OVERLAY AT9 120 TON CONSTRUCT 4" OF CLASS 2 AGGREGATE BASE 10 4,300 SF
SAWCUT & REMOVE EXISTING A.C. PAVEMENT & SUBGRADE TO A DEPTH OF 8" BELOW EXISTING SURFACE AT 11 1 EA
REMOVE EXISITING & CONSTRUCT 8' TICK PCC TRANSITION BETWEEN CROSS GUTTR TO EXISTING INLET AT 12 1,700 SF
REMOVE EXISTING & CONSTRUCT CROSS GUTTER & SPANDREL PER CITY OF NORCO STD DRWG NO. 255 13 205 LF
REMOVE & REPLACE URB & GUTTER TYPE C PER CITY OF NORCO STND DRAWING NO 200. 14 2 EA
ADJUST EXISTING SEWER TERMINAL CLEAN-OUT TO FINISHED SURFACE AT 15 4 EA
INSTALL BLUE PAVEMENT MARKER PER SPPWC STND DWG. NO. 170-0 AT BASE BID TOTAL:
UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL
$3,240.00 $3,240.00 $6,000.00 $6,000.00 $7,962.50 $7,962.50 $21,000.00 $21,000.00 $35,000.00 $35,000.00 $42,915.70 $42,915.70 $8,500.00 $8,500.00 $8,500.00 $8,500.00 $19,483.40 $19,483.40 $783.00 $6,264.00 $1,120.00 $8,960.00 $1,255.49 $10,043.92 $81.00 $243.00 $650.00 $1,950.00 $739.58 $2,218.74
$0.26 $16,380.00 $0.17 $10,710.00 $0.19 $11,970.00
$84.31 $54,801.50 $85.00 $55,250.00 $113.97 $74,080.50$84.31 $7,166.35 $85.00 $7,225.00 $112.24 $9,540.40$68.30 $8,196.00 $50.00 $6,000.00 $29.17 $3,500.40 $2.85 $12,255.00 $1.90 $8,170.00 $2.88 $12,384.00
$800.00 $800.00 $1,010.00 $1,010.00 $2,551.86 $2,551.86 $32.00 $54,400.00 $33.00 $56,100.00 $31.38 $53,346.00$80.00 $16,400.00 $51.00 $10,455.00 $66.92 $13,718.60 $865.00 $1,730.00 $1,045.00 $2,090.00 $518.50 $1,037.00$112.00 $448.00 $104.00 $416.00 $165.89 $663.56 $211,823.85 $217,836.00 $265,416.58
RJ NOBLE COMPANY All AMERICAN ASPHALT LC PAVING
BID SUMMARY SHEET
FORTUNA ET. AL
STREET IMPROVEMENTS
ITEM QUANTITY UNIT DESCRIPTION
BASE BID
1 1 LS
CLEARING AND GRUBBING, MOBILIZATION & NPDES/SWPPP REQUIREMENTS AT (MAX 3%) 2 1 LS TRAFFIC CONTROL3 1 LS
CONSTRUCTION STAKING & MONUMENT PRESERVATION
4 8 EA
ADJUST EXISTING MANHOLE FRAME & COVER TO FINISHED SURFACE PER CITY OF NORCO STD. DWG 5 3 EA SURFACE AT6 63,000 SF 1' COLD MILL EXISTING AC PAVEMENT7 650 TON CONSTRUCT 1.5" AC C2-PG 64-10 OVERLAY AT8 85 TON CONSTRUCT 2.5" AC B-PG 64-10 OVERLAY AT9 120 TON CONSTRUCT 4" OF CLASS 2 AGGREGATE BASE 10 4,300 SF
SAWCUT & REMOVE EXISTING A.C. PAVEMENT & SUBGRADE TO A DEPTH OF 8" BELOW EXISTING SURFACE AT 11 1 EA
REMOVE EXISITING & CONSTRUCT 8' TICK PCC TRANSITION BETWEEN CROSS GUTTR TO EXISTING INLET AT 12 1,700 SF
REMOVE EXISTING & CONSTRUCT CROSS GUTTER & SPANDREL PER CITY OF NORCO STD DRWG NO. 255 13 205 LF
REMOVE & REPLACE URB & GUTTER TYPE C PER CITY OF NORCO STND DRAWING NO 200. 14 2 EA
ADJUST EXISTING SEWER TERMINAL CLEAN-OUT TO FINISHED SURFACE AT 15 4 EA
INSTALL BLUE PAVEMENT MARKER PER SPPWC STND DWG. NO. 170-0 AT BASE BID TOTAL:
UNIT BID TOTAL
$8,000.00 $8,000.00
$10,000.00 $10,000.00
$9,500.00 $9,500.00$2,400.00 $19,200.00
$650.00 $1,950.00
$0.65 $40,950.00
$125.00 $81,250.00$129.00 $10,965.00$150.00 $18,000.00
$3.10 $13,330.00
$2,000.00 $2,000.00
$23.00 $39,100.00$35.00 $7,175.00
$1,500.00 $3,000.00
$300.00 $1,200.00
$265,620.00
I.E. GENERAL ENGINEERING
B|DDER’s NAME; COPP CONTRACTING, INC
CITY OF NORCO
PROPOSAL
FOR
FORTUNA ET AL. STREET IMPORVEMENTS PROJECT,
TO CITY OF NORCO, as AGENCY:
In accordance with AGENCY’S “Notice Inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDERagrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal BidSheet. BIDDERunderstands that failure to enter into a Contract in the manner and time prescribed willresult inforfeiture to AGENCY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liabilityforworkman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation P-1
making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action willremain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements ofthe Contract Documents.
DATED: Janua 05 ,2o22 BIDDER: C°PP C°""a°““9»'"°-
PHONE: (714) 522-7754
T|T|_E; Ezekiel A Copp, President
P-2
B|DDER'S ADDRESS: 6751 Stanton Avenue
Buena Park, CA 90621
PP
PP
DD
DD
ust
BIDDERcertifies that the following information is true and correct:
Bidder'sName: Co Contractin ,|nc.
Business Address: 6751 Stanton Avenue Buena Park CA 90621 B|DDER'S INFORMATIO
Telephone: (714) 522-7754
State Contractor's License No. and Class: 384209 A
Original Date Issued: 11/1979 Expiration Date: 11/30/2023 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
Ezekiel A Co , President — 6751 Stanton Ave., Buena Park, CA 90621- 714 522-7754 Erlinda Co Secreta 6751 Stanton Ave. Buena Park CA 90621—714 522-7754 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
None.
Allcurrent and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Ezekiel A Co DBA: S and H Truckin
Erlinda Co DBA' lnd ries
P-3
PP
Address or Name of Firm.
Business Address:
Signature of Owner‘
Business:
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws ofthe State of California providing for the registration of Contractors.
Contractor's License Number: 334209
Name of individual Contractor (Print or Type): N/A
Name: Title:
Address:
Name:
Address or Name of Corporation: C0 C0|'1t|'3CTin , “'10- Business Address: 6751 Stanton AVe., Buena Park, CA 90621 Corporation organized under the laws of the State of California Ezekiel ACO p
Ignature of President of Corporation
,
Erlinda Copp
Signature of Secretary f orporation
Title:
1§06
M175 4 =1
.l M 1 u
:4. pp
</{ /1 Cf’
/’
Qww
SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractorwho willperform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one—half(1/2) ofone percent (1%) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one—halfof 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.
Name Under Specific
Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Office Work Bid
r FOOTHILL BLVD
"':"_ CONCRETE, INC. AZUSA, CA 91702 CONCRETE /570
ONPOINT SURVEY LS8133 1000003100 ORANGE TREE I 1NC_ SUITE 240 SURVEY 3 V; REDLANDS CA 92374
PAVEMENT RECYCLING 569352 1000003363 10240 SAN SEVAINE
SYSTEMS, INC. JURUPA vAL§ES;*5:2CA
COLD MILL (/ D/0
as .0 ' I
‘~c 932143 ioormozlzee/3 Fat/arry M
0 74 0511 comm64 92879 Mm/zhlLn.9‘//0
ifthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuantto paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number issubmitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
Janua 05,2022 Co Contracting,lnc.
Dated Bidder
Signature Ezekiel A Copp, President
ERNLNYR
Sign re Erlinda Copp, Secretary
we M #55 /00 0/479 yr 5‘ Mac
ERTA d
SUBCONTRACTOR LIST
in compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and Californiacontractor license of each Subcontractor who willperform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and speci?cations, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one—halfof 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each Subcontractor.
Name Under Speci?c
Which Sub Description of % of
Contractor is License DlR Address of Sub Contract Total Licensed Number Number Office Work Bid
§‘(//7-cl/(0 77(,3D(, S 9 x//7/cgss f//«L. 2 Fa merit MIC: 00 C’ re 9 a a J M” ifthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the workwith his own crews. (Alternative Subcontractors forthe same work are prohibited by provisions of the CaliforniaGovernment Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filinga bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number issubmitted to the public entity by the prime contractor within24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
Janua 05, 2022 C0 pcontractin ,lnc.
Dated Bidder
Signature zela Copp,Presi enl
8t\§.>:.-5.a.
Sign ture Erlinda Copp, Secretary
P-5
City of Chino Hills — 14000 City Center Dr., Chino Hills,CA 91709 (909) 364-2817 Cityof Highland - 27215 Base Line, Highland, CA 92346 (909) 864-6861 City ofJurupa Valley - 8930 Limonite Ave., Jurupa Valley, CA 92509 (951) 332-6464 City of Menffee - 29844 Haun Rd., Menifee.CA 92586 (951) 672-6777
REFERENCES
The followingare the names, addresses, and phone numbers forthree public agencies for which BIDDER has performed similar work within the past two years:
City of Westminster—8200 Westminster Bivd., Westminster, CA 92683 (714) 548-3464
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Coats Surety Services- 23046 Avenida De Carlotta, Suite 600, Laguna Hills, CA 92653 (949) 457-1060 Brown&BrownInsurance Services of California- 2401 E Katella Ave., Suite 550, Anaheim, CA 92806 (714) 221-1810 City of Cerritos - 18125 Bloom?eld Ave., Cerritos, CA 90703 (562) 860-0311 Cityof Glendora - 116 E Foothill Blvd., Glendora, CA 91741 (525) 91443594 City of Lynwood - 11330 BullisRd., Lynwood, CA90262 (310) 603-0220 City of Lake Forest - 25550 Commercentre Dr., Lake Forest, CA 92630 (949) 461-3490 P-6
City of Sierra Madre - 232 W Sierra Madre Blvd., Sierra Madre, CA 91024 (626) 355-7135
CITY OF NORCO
BID BOND
FOR
FORTUNA ET AL. STREET IMPROVEMENTSPROJECT
KNOW ALL.MEN BY THESEPRESENT that COPPC0n’0'aCtinQ,"10- , as BIDDER, and
Contractors Bonding and Insurance Company as
SURETY, are held and ?rmly bound unto THE CITY OF NORCO, as AGENCY, in the penaj sum of Ten percent of the total bid amount dojjars ($ 10% ), which is 1.0percent ofthe total amount bid by BIDDERto AGENCY forthe above stated project, forthe payment ofwhich sum, BIDDERand SURETYagree to be bound, jointly and severally, finnly by these presents.
THECONDITIONSOF THIS OBLIGATIONARESUCHthat, whereas BIDDERis about to submit a bidto AGENCYfor the above stated project, ifsaid bidis rejected, or ifsaid bidis accepted and a contract is awarded and entered into by BIDDERin the mannerand time speci?ed, then this obligation shall be null and void, otherwise itshall remain in full force and effect in favor ofAGENCY.
WITNESS our hands this 4th -day of January , 2022.
(seal)
Copp Contracting, Inc.
CONTRACTOR
(CORPORATION). _ TYPE
By:
resident, Ezekiel A Copp
\
By:
Secretary/Treasurer, linda Copp
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Subscribed and sworn to before me this day of
Seal of Notary: 3'39 Attached
Notanj Public
Mailing Address: 111 Pacifica, Suite 350
Irvine, CA 92618
BID BOND (P-AGE2)
Ryan Butterfas
Name
Signature:
Title. Attorney-in-Fact
Seal of Notary: 566 attached
Notary Public
NOTE: SIGNATURE OF SURETY MUST BE NOTARIZEDI
Subscribed and sworn to beforeme
this.___ day of _,
P-8
SURETY’s NAME_TYpE; Contractors Bonding and Insurance Company (sear)
W
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 B/SeeAttached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completingthis certificateverifies only the identityof the individualwho signed the document to whichthis certificateis attached, and not the truthfulness, accuracy, or validityof that document.
State of California Subscribed and sworn to (or affirmed) before me Countyo f ORANGE
on this 5TH day of JANUARY , 20 22
by Date Month Year
(1) EZEKIEL A COPP
(and (2) ERLINDA COPP ),
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
COMM #2251084‘>
to be the person(s) wh appear before me.
‘ Notary Public-California’; o ORANGECOUNTY- MyCommissionExpiresAug.7,2022 t . Signature ig tu of tary Public
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: BID BOND Document Date:
Number of Pages: Signer(s) Other Than Named Above:
©2014 NationalNotaryAssociation- www.NationalNotary.org- 1-800-USNOTARY(1-800—876-6827) Item#5910 «
'
£‘.‘£3“.-?".;afx‘é?$§¢’i’.«?r‘£~"£v§{:‘r‘§§ @'3;:€u;l$¢’x;
State of California
County of Orange
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to whichthis certificate is attached, and notthe truthfulness, accuracy, or validityofthat document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
before me’
AdelaideC. Hunter, Notary Public
Date HereInsertName and Title of the Of?cer
Ryan Butterfas»
‘ Name(s)of Signer(s)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct. _ ADELNDEc.HUNTER WITNESS my hand and official seal.
NotaryPublic- Caltfomla
\, .-’ OrangeCounty
-_|\, Commission # 2343124 .
"° Mycomm. ExpiresJan 23, 2025 S'9”at”"e
Signature of Notary Public
"The notary commission extended pursuant to Executive Order N-63-20." Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or » fraudulent reattachment-of this form to an unintended document.
Description of Attached Document
Title or Type of Document:— - - ~ ‘DocumentDate:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed-by Signer(s)
Signer’s Name: Signer’s Name: - Corporate Officer — Tit|e(s): Corporate Officer — Tit|e(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator ‘Trustee Guardian or Conservator Other: Other:
Signer ls Representing: Signer ls Representing:
©2014 NationalNotary Association - www.Nationa|Notary.org - 1—800—USNOTARY(1-800-876-6827) Item #5907 dron
POWER OF ATTORNEY
RLI Insurance Company _ Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 6l6l 5
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:
Linda D. Coats Matthew J. Coats Summer Re es R an Butterfas 'ointl or severall in the City of La una Ni uel , State of California its true and lawful Agent(s) and Attoiney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twent Five Million Doliars ( 25 000 000.00 for any single obligation.
The acknowledgmentand executionof such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certi?ed that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakingsin the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligationsof the corporation. The l Signature ofanvsrlasdser an<1£?3_s=_:<21-2_<:r5:t_?_S.:?_*:!.e=*y beP”“‘P‘? l3Xf?E§.‘_¥_‘i!E’;." .... __ TN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this l8th day of November , 2021 _ RLI Insurance Company
Contractors Bonding and Insurance Company
6-rr//«/- ’
Barton W. Davis Vice President
State of Illinois
SS
COl.lI'JI.'yOfPCOTIH.
On this 18th day of November , 2021 , before me, a Notary V
p .
l, the undersigned officer of RLI Insurance Company and/or Public, personally appeared Barton W. Davis , who being by me duly Contractors Bonding and Insurance Company, do hereby certify sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation.
By:
Catherine D. Glover Notary Public
CATHERINED.GLOVER
. OFFICIALSEAL
NotaryPubth: - Stats 09ml . MyCommlulcn Explnl
March24 2024
that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Companythis 4th dayof Janua , 2022 .
RLI Insurance Company
Contractors Bonding and Insurance Company
By‘I 0 ‘ok
Jeffrey ick Corporate Secretary
A0058Dl9 04 .754040202)2
NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTEDWITHBID)
The undersigned declares:
I am the President of COPPC°“’“a°““9v'"°- , the party making the foregoing bid.
The bid is not made inthe interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fixany overhead, profit, or cost element ofthe bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liabilitypartnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on January 05. 2021 [date], at Buena Park [city], California [state],
P-9
CITY OF NORCO
PROPOSAL BID SHEET
FOR
ITEM
FORTUNA ET AL. STREET IMPROVEMENTS PROJECT
DESCRIPTION OF ITEMS UNIT
QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
Clearing & Grubbing,
Mobilization, NPDES/SWPPP
Requirements at (Max 3%)
Five thousand dollars and no
cents. --------------------- -- Per Lump Sum
1 L.S. $ 5,000.00 $ 5,000.00
Traffic Control at
Nine thousand three hundred
fiftydollars and no cents.———
Per Lump Sum
$ 9,350.00 3
9,350.00
Construction Staking and
Monument Preservation at
Six thousand nine hundred
dollars and no cents. ----- --
""""""""" " Per Lump Sum
Adjust Existing Manhole Frame
&Cover to Finished Surface
Per City of Norco STD. DWG
No. 535 at 3
Seven hundred eighty five
o..ars and no cen.s. ------ -- Per Each
$ 6,900.00 $ 6,900.00
735_Q0 $
6,280.00
Adjust Existing Valve Can and
Cover to Finished Surface at
Four hundred eighty five $
0 ars an no cen s. ----- -- Per Each
3 EA. 435_oo 5
1,455.00
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ITEM QUANTITY
6. 63,000
7. 650
8 85
9 120
10. 4,300
11. 1
DESCRIPTION OF ITEMS UNIT
UNIT WITH UNITPRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
1” Cold MillExisting AC
Pavement at
Twent one cents. ---------- -- $ 0-21 $ 13.230-
00 S.F.
TON
TON
TON
S.F.
EA
““““““““ " Per Square Foot
Construct 1.5” AC C2-PG 64-
10 Overlay at
El ht two dollars and fift
our cents. ---------------- -- $
Per Ton
3254 $ 53,651 00
Construct 2.5” AC B—PG64-10
Overlay at
One hundred twent five dollars
and no cents. $
Per Ton
125.00 $ 10,625.00
Construct 4” of Class 2
Aggregate Base at
Fifty dollars and no cents.-- $ 50.00 $ 630000
Per Ton
Sawcut and Remove Existing
A.C. Pavement and Subgrade
to a Depth of 8” Below Existing
Surface at
Four dollars and twenty seven
cen s. ————— -- Per Square Foot
4.27 $ 18,361.00
Remove Existing and Construct
8”Thick PCC Transition
between Cross Gutter to
Existing Inlet at
One thousand one hundred Q
dollars and no cents. ---- --each
Per Linear Foot
$ 1,100.00 $ 1,100.00
ITEM
12. 13.
15. DESCRIPTION OF ITEMS
QUANTITY UNIT WITH UNIT PRICE WRITTEN
1,700 S.F.
205 L.F.
2 EA.
4 EA.
INWORDS
Remove Existing and Construct
Cross Gutter and Spandrel Per
City of Norco Standard Drawing
N°' 2233twodollars
CI W0 60!’! ' Per Square Foot
Remove and Replace Curb and
Gutter Type C Per City of
Norco Standard Drawing No.
209 I irw ilwrs
V
“MI Per Square Foot
Adjust Existing Sewer Terminal
Clean-Out to Finished Surface
a x s (Mair ¢i
"I e V
9 Per Each
Install Blue Pavement Marker
Per SPPWC Standard Drawing
No. 170-0 a
we ed ‘v«e/
IS mag mg
0:? . Per Each
UNIT
PRICE IN
FIGURES
TOTAL
$
’L¢'°° $3’i,
LioD~°"
$ 551.00$n..
o0tS"°
3 53906$5110-
00 $10900s 420-
09 P-12
14
£, wI+\/Th °Yh0\)W7
*m‘+\_!r= War In my Cwf
FORTUNAET AL. STREET IMPROVEMENTSPROJECT,
(BID ITEMS1-15)
STREET IMPROVEMENTSSUBTOTAL AMOUNT
$ 35 037- OD
STREETIMPROVEMENTSSUBTOTAL AMOUNTINWORDS
"OhhUnoIr66I ta‘ h wee $41 I
IY sx/enoz>IsocoI gr
COPP CONTRACTING,INC.
(714) 522-7754
V Bidders Name and Telephone Number
NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided.
PP
Subscribed and sworn to this day of , 2022.
President, Ezekiel A Co
Secreta Erlinda Copp
BIDDER Copp Contracting, Inc.
PROPOSAL
INWITNESS WHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 5th day of Janua , 2022.
By
Title
AGENCY acknowledges that this proposal was received and opened at the time and inthe place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.
BY
Title
See attached Jurat
NOTARY PUBLIC
P-14
m
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENTCODE § 8202 |¥See Attached Document (Notary to cross out lines 1-6 below) _:See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completingthis certificateverifies only the identityof the individualwho signed the document to whichthis certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of ORANGE
Subscribed and sworn to (or affirmed) before me
on this 5TH day of JANUARY , 20 22
by Date Month Year
(1) EZEKIEL A COPP
(and (2) ERLINDA COPP
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the person(s) who appear before me.
YOLANDALUJAN
“*3COMM #2251084 >
- NotgryAPuGl::Eic - CaliforniaQ Mycoa!rqmisrs‘{onExE:r(e':’sli’u§.I7‘.(2o22_. S'9nat”re QER1
Seal
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: PROPOSAL Document Date:
Number of Pages: Signer(s) Other Than Named Above:
, _. ©2014 NationalNotaryAssociation- www.Nationa|Notary.org - 1-800—USNOTARY(1-800-876-6827) Item#5910 ignatu of N tary Public
«(S33 *3???
,: m
RegistrationHistory
Effective Date Expiration Date
5/22/2018 6/30/2019
6/19/2017 6/30/2018
6/1/2016 6/30/2017
6/23/2015 6/30/2016
12/22/2014 6/30/2015
7/1/2019 6/30/2020
7/1/2020 6/30/2021
7/1/2021 6/30/2022
Contractor Information
Legal Entity Name
COPP CONTRACTING,INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000004241
Registration effective date
7/1/2021
Registration expiration date
6/30/2022
Mailing Address
6751 STANTONAVE BUENAPARK90621 CA Uni...
Physical Address
6751 STANTON AVE BUENAPARK 90621 CA Uni...
Email Address
Trade NameIDBA
License Number(s)
CSLB:384209
CSLB:384209
Legal Entity Information
Corporation Number:
887706
Federal Employment Identi?cation Number:
President Name:
EZEKIELA COPP
Vice President Name:
DENNIS W COPP
Treasurer Name:
ERLINDA COPP
Secretary Name:
ERLINDACOPP
CEO Name:
Agent of Service Name:
COATS SURETYSERVICES
Agent of Service Mailing Address:
23046 AVENIDA DE LACARLOTA#600 LAGUNAHILLS92653 CA United States of America Workers Compensation
Do you lease employees No
through Professional
CSPP
Contractor’sLicenseNo. 334209A
P.O. Box457
Buena Park, CA. 906210457
714 522-7754
Fax 714 522-
CONTRACTING. INC.
ERLINDACOPP - SEC--T
MEETING OF THE BOARD OF DIRECTORS
OF
COPP CONTRACTING,INC.
A meeting of the Board of Directors of Copp Contracting, Inc., was held on January 6, 2014, during which a resolution was passed authorizing the following individual(s)to,by his/her signature(s)enter into any and all contracts on behalf of the corporation and, thereby, bind the corporation. to such contract:
6"’ -
: 7‘
EZEKi A'co1=9- PRESI "NT ‘com?’‘V
Attest:
(Seal)
ERLINDA COPP
CA-1
CITY OF NORCO
FORTUNA ET AL. STREET IMPROVEMENTS PROJECT
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 19th day of January 19, 2022 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Copp Contracting, Inc., a corporation with its principal place of business at 6751 Stanton Avenue, Buena Park, CA 90621 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the Fortuna Et Al.
Street Improvements Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street pavement improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the Fortuna Et Al. Street Improvements Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 25 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
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Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.
Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Ezekiel A.
Copp–President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the
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adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
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(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or
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his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and
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approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
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injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.
The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe
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the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Copp Contracting, Inc.
6751 Stanton Avenue
Buena Park, CA 90621
Attention: Ezekiel A. Copp, President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
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damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
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3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.
For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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Name of Contractor: Copp Contracting, Inc.
*By:
___________________________
Signature
Ezekiel A. Copp, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
___________________________
Greg Newton, Mayor
ATTEST:
___________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
___________________________
John R. Harper, City Attorney
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EXHIBIT A
Scope of Fortuna Et Al. Street Improvements Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of pavement resurfacing, pavement reconstruction, cross gutter and other improvements on Fortuna Road, Melanie Avenue, Adelina Avenue and Michelle Road to the satisfaction and acceptance of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
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EXHIBIT B
Proposal Document
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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:
FORTUNA ET AL. STREET IMPROVEMENTS PROJECT
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of pavement resurfacing, pavement reconstruction, cross gutter and other improvements on Fortuna Road, Melanie Avenue, Adelina Avenue and Michelle Road to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one
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year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2022.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.
The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).
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IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is
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subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:
FORTUNA ET AL. STREET IMPROVEMENTS PROJECT
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of pavement resurfacing, pavement reconstruction, cross gutter and other improvements on Fortuna Road, Melanie Avenue, Adelina Avenue and Michelle Road to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with
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respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2022.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
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The rate of premium on this bond is ________________________ per thousand.
The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________ _______________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
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On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.
_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
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GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
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9. Description of Project:
FORTUNA ET AL. STREET IMPROVEMENTS PROJECT
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of pavement resurfacing, pavement reconstruction, cross gutter and other improvements on Fortuna Road, Melanie Avenue, Adelina Avenue and Michelle Road to the satisfaction and acceptance of the City Engineer.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
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(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)