Norco City Council
February 16, 2022

AGENDA
City Council
Wednesday, February 16, 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 SESSIONS
§54956.9 – Conference with Legal Counsel – Existing Litigation Marilyn Rohr v. City of Norco
RIC:1905136
§54957– Performance Evaluation
Title: City Manager
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Caleb Booth
Turning Point Church
PRESENTATIONS Community Spirit Award
Norco Armory, David Burwell
Proclamation
Black History Month

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 - February 16, 2022
Approval of Consent Calendar.

RECOMMENDATION:

Approve the Consent Calendar.

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 February 2, 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. Recap of Actions Taken by the Planning Commission at its Meeting Held on February 9, 2022
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on February 9, 2022.

Staff Report - Pdf

City Council Agenda - February 16, 2022

2.E. Acceptance of 3.0 MG Reservoir 1 Replacement Project as Complete RECOMMENDATION:

Accept the 3.0 MG Reservoir 1 Replacement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

2.F. CalRecycle SB1383 Local Assistance Grant Program
RECOMMENDATION:

Adopt Resolution No. 2022-10, authorizing staff to submit an application for payment of grant funds the City of Norco is eligible to receive under SB 1383 Local Assistance Grant Program.

Staff Report - Pdf

2.G. Equestrian Trail License Agreement on Crestview Drive Debris Basin Site RECOMMENDATION:

Approve the License Agreement between the City of Norco and Riverside County Flood Control & Water Conversation District for an Equestrian Trail Easement on Crestview Drive Debris Basin Site.

Staff Report - Pdf

2.H. Acceptance of Bids and Award of Contract for the Bronco Lane Waterline Project
RECOMMENDATION:

Accept bids and award a contract to Tryco General Engineering for the Bronco Lane Waterline Project in the amount of $794,937 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

2.I. New Observance Request: Red Cross Month
RECOMMENDATION:

Approve the subcommittee's recommendation to recognize Red Cross Month
Staff Report - Pdf

City Council Agenda - February 16, 2022

2.J. California Water and Wastewater Arrearage Payment Program Grant RECOMMENDATION:

Adopt Resolution No. 2022-11, for the California Water and Wastewater Arrearage Payment Program Grant to:

1. Authorize the Finance Director to apply for, receive moneys from the State Water Resources Control Board and accept the California Water and Wastewater Arrearage Payment Program Grant;

2. Authorize the Finance Director to waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period, from March 4, 2020, through June 15, 2021, in their entirety; and

3. Direct the Finance Director to apply all program funding received to delinquent water and wastewater utility accounts that had water and wastewater utility arrearages incurred during the COVID-19 pandemic relief period and complete all other program requirements as specified in the program guidelines.

Staff Report - Pdf

2.K. Amend Fiscal Years (FY) 2022-2026 Capital Improvement Program (CIP) to include additional Measure R funding for the Center Avenue Street Improvements Project, and acceptance of bids and award of Contract for the Center Avenue Street Improvements Project
RECOMMENDATION:

Adopt Resolution No. 2022-12 to increase Measure R funding in the amount of $250,000 for the Center Avenue Street Improvements Project.

Accept bids and award a contract to Hardy & Harper, Inc. for the Center Avenue Street Improvements Project in the amount of $594,300; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

2.L. Appropriation of Additional Funds from Measure R Fund to Cover Cost of Design and Soils Testing for the Wayne Makin Master Plan Project.

RECOMMENDATION:

Adopt Resolution No. 20212-13 to appropriate additional Measure R Funds (132) in the amount of $7,557 to cover the cost of the Wayne Makin Master Plan Project.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS

City Council Agenda - February 16, 2022
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. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

5.A. Recommendation by the Parks and Recreation Commission for Placement of a Backstop at Wayne Makin Field 3 in Honor of Lou Rivera RECOMMENDATION:

Approve the placement of a backstop at Wayne Makin Field 3 in honor of Lou Rivera.

Staff Report - Pdf

5.B. Appointments to Parks and Recreation Commission and Economic Development Advisory Council for unscheduled vacancies
RECOMMENDATION:

Consider the applications received and make appointments to the Parks and Recreation Commission and Economic Development Advisory Commission for unscheduled vacancies.

Staff Report - Pdf

5.C. Adoption of the 2022 Strategic Plan
RECOMMENDATION:

Adopt the 2022 Strategic Plan
Staff Report - Pdf

5.D. Potential Selection of Consultant for State Legislative Advocacy Services RECOMMENDATION:

Direction Requested
Staff Report - Pdf

6. CITY COUNCIL / STAFF COMMUNICATIONS

City Council Agenda - February 16, 2022

7. 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: February 16, 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: February 16, 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 February 2, 2022 REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Draft Minutes

MINUTES
DRAFT - City Council
Wednesday, February 2, 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 SESSIONS
§54956.9(c) – Conference with Legal Counsel – Anticipated Litigation Once Case
54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Okoro
Employee Organization: Norco General Employees Association Unrepresented Employees: Norco Mid-Management, Confidential, and Management Employees
RECONVENED PUBLIC SESSION 7:13 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Harper stated there were no reportable actions taken in closed session.

PLEDGE OF ALLEGIANCE Mayor Pro Tem Robin Grundmeyer
INVOCATION Geoff Kahan

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
M/S BASH/HOFFMAN approve the Consent Calendar Items as presented. The

City Council Minutes - February 2, 2022
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 January 19, 2022

2.C. Acceptance of the Nellie Weaver Hall Drainage Improvement Project as Complete
Action: Accepted Nellie Weaver Hall Drainage Improvement Project as completed and authorized the City Clerk to file a Notice of Completion with the County of Riverside.

2.D. Resolution Making Findings and Continuing Existing Benefit Assessment Rates (BAU) for Maintaining Flood Control Channels within County Service Area CSA152 for Fiscal Years 2022-2023 through 2024-2025 Action: Adopted Resolution 2022-08, making findings and continuing existing Benefit Assessment Rates (BAU) for maintaining flood control channels within County Service Area CSA-152 for Fiscal Years (FY) 2022-2023 through 2024-2025.

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

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

5. LEGISLATIVE MATTERS

City Council Minutes - February 2, 2022

5.A. Ordinance No. 1079, Second Reading: An Ordinance of the City Council of the City of Norco, California Amending Norco Municipal Code Title 10 “Vehicles and Traffic” to add Chapter 10.06 “Parking Restrictions”, Code Amendment 2022-01 and approval of the index and maps that identifies the various parking restrictions and locations throughout the City of Norco.

M/S NEWTON/BASH Adopt Ordinance No. 1079 forSecond Reading; and adopt Resolution No. 2022-09 to approve the index and maps that identifies the various parking restrictions and locations throughout the City of Norco. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. DISCUSSION / ACTION ITEM(S)

6.A. Report on Fiscal Year 2020-2021 Audited Financial Reports

Financial Director Free presented the Fiscal Year 2020-2021 Audited Financial Reports.

Mayor Newton, Mayor Pro Tem Grundmeyer, and Council Member Bash had questions that were addressed by Financial Director Free.

Following discussion motion was made.

M/S BASH/HOFFMAN Receive and file the Fiscal Year (FY) 2020-2021 Audited Financial Reports The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6.C. Trail Standard and Rehabilitation Discussion

Public Works Blais presented discussion on the City of Norco Trail Standards and Rehabilitation as requested by Council Member Bash at the January 5, 2022 City Council meeting. He stated that the City does have an established Trail

City Council Minutes - February 2, 2022
Standard that outlines the requirements for construction of a new trail and parkway with the inclusion of a parkway. He stated that in some trails parkways could be smaller than others depending on the availability of space. He asked Council for direction in regards to the trail standard or other concerns Council may have regarding rehabilitation of the trails.

Council Member Bash described what prompted this conversation in regards to trees along the trails, trees next to the street, parking issues and trees aging out.

He stated huge changes are happening that need to be discussed.

Following further discussion; Mayor, Mayor Pro Tem, and Council Members directed staff to eliminate specific sections of trails on River Drive.

Mayor Newton, Mayor Pro Tem Grundmeyer, and Council Members Aleman and Hoffman had questions and concerns related to the parkways, watering trees, protecting trail fencing and planting new trees.

Public Works Director Blais answered questions and discussed concerns.

Mayor Newton opened public comments.

Susan Detillion spoke about the changes to the trail will take away her personal parking at her home.

Kevin Michles concerned about the drain at his home has never been fixed, address on California Avenue, and his support for the trail staying on the Northside of the street.

Duane Eikenberg discussed the trail from Woodward to Sierra and the problems with grass being removed on his property and DG all the way to his door.

John Hendrick spoke regarding his support for the trail on the Northside of the street and asked that the project be put on hold until a plan with the stakeholders could be worked out.

Janette Irwin spoke regarding her support for the trail staying on the Northside of street, her concern for the bicycle path is a safety issue and the speeding traffic.

Armando Acuna spoke regarding that he is a runner and misses the trees for shade, supports the trail staying on the Northside of the street and repairs to the streets before the fencing is done.

City Council Minutes - February 2, 2022
Diana Hernandez spoke regarding her support for the trail staying on the Northside of the street.

Carly and Sam Davis spoke regarding their support for the trail staying on the Northside of the street.

Jack Irwin spoke regarding his support for the trail staying on the Northside of the street and parking issues.

Richard Hallam spoke regarding his support of the trail straying on the Northside of the street and parking issues.

Linda Manning spoke regarding the trails, bicyclists causing problems, and keeping Norco a riding town.

Sigrid Williams spoke regarding the current trail standards, encroachments, potential loss of property, Councils responsibility to protect liberties of the community, Council disenfranchising the property owner, and asked that Council take time to consider all the information before making changes.

Mike Williams spoke regarding the trail system in Norco and the history, having STUC and Parks and Recreation Commission looking at this also, and Norco needs to hold on to the trail standards.

Bill Naylor spoke regarding trail issues.

Mayor Newton closed public comments.

Mayor Newton discussed taking sections into consideration.

Public Works Director Blais recommended to Council to defer this and not put up any of the remaining trails on River Drive from Woodward to Sierra and Temescal to Hillside.

Following discussion and without formal motion, the City Council directed staff to eliminate the trail sections on River Drive from Woodward Avenue to Sierra Avenue and from Temescal Avenue to Hillside Avenue.

6.B. Five Keys School and Programs Update

City Council Minutes - February 2, 2022
Community Services Director Anglin introduced Patrick Mitchell from the Five Keys School program to give an update to the City Council on the Ecological Agriculture Training Center.

Patrick Mitchell from Five Keys presented a detailed presentation outlining the Mission of the Ecological Agriculture Training Cultural Center, the community engagement from this past year, the small farm apprenticeship program, family agriculture farm events, family agriculture farm workshops, the collaborative community space at the center, the new upgrades to landscape at the center, the farmers and artisans market, community ag-education and farm space, and future plans for the center and expansion.

Mayor Pro Tem Grundmeyer had many questions and concerns related to Five Keys being in noncompliance to the MOU and asked that Five Keys to get incompliance in a reasonable time. She also asked that more reporting come back to the City Council from Five Keys on their status on a regular basis. She asked what has the City as a partner received in return from the agreement with Five Keys.

Patrick Mitchell discussed his challenges this past year and stated he was working to get everything in compliance. He gave details as to what the Center has done for the city and what will be at the center in the future.

Council Member Hoffman has questions and concerns related to the meeting rooms being used by outside entities and business license issues.

Council Member Aleman asked about the attendance at the center for the programs for 2019 through 2021 and discussed nonprofits and fee waivers.

Council Member Bash was in support of the program and stated he will do what he can to see this program thrive.

Mayor Newton asked about reporting requirements to hold Five Keys accountable and do they have the correct permits.

Community Services Director Anglin answered questions of the Mayor and Council and discussed concerns.

Following further discussion motion was made.

M/S NEWTON/BASH Receive and File The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN

City Council Minutes - February 2, 2022
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

7. CITY COUNCIL / STAFF COMMUNICATIONS
Community Services Director Anglin discussed the Santa Ana river bottom homeless encampment cleanup.

Mayor Newton thanked Chief Veik for the work and attendance at funeral services for Shane Porter.

City Manager Okoro spoke regarding the status of the recruitment for Facilities and Maintenance Director and discussed the status of the Strategic Plan.

8. ADJOURNMENT
Mayor Newton adjourned the meeting at 10:18 p.m.

_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: February 16, 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: February 16, 2022 Agenda Item:

2.D.

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

Recap of Actions Taken by the Planning Commission at its Meeting Held on February 9, 2022
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on February 9, 2022.

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):

Recap of Actions - 02/09/2022

DRAFT MINUTES
Planning Commission
Wednesday, February 9, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Patricia Hedges, Chair
Danny Azevedo, Vice Chair
Philip Jaffarian, Member
Jeff Shyu, Member
ABSENT Mark Askey, Member
PLEDGE OF ALLEGIANCE Commission Member Jeff Shyu

1. CONSENT CALENDAR

1.A. Approval of Planning Commission Meeting Minutes
M/S JAFFARIAN/SHYU to approve the Planning Commission Meeting Minutes of October 13, 2021 and November 10, 2021. The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, JAFFARIAN, AND SHYU
NOES: NONE
ABSENT: ASKEY
ABSTAIN: NONE

3. PUBLIC COMMENTS
NONE

4. DISCUSSION / ACTION ITEM(S)

4.A. 2022 Strategic Plan Review
City Manager Okoro explained that the City is currently conducting the strategic planning process to develop its next five-year Strategic Plan, which is a document that guides City decisions and actions over a multi-year period. He presented five strategic directions that will be addressed from 2022-2026, including Infrastructure and Asset Management, Human Capital, Economic

Planning Commission Minutes - February 9, 2022
Development and Financial Stability, Communication and Stakeholder Experience, and Public Health, Safety and Wellness. He detailed the corresponding action plans under each strategic direction and requested comments from the Members.

Member Shyu and Member Jaffarian questioned a few items in the plan, City Manager Okoro responded in detail.

M/S JAFFARIAN/AZEVEDO to approve the 2022 Strategic Plan and recommend adoption to the City Council. The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, JAFFARIAN, AND SHYU
NOES: NONE
ABSENT: ASKEY
ABSTAIN: NONE

4.B. Site Plan 2021-10 (Bakker): A request for approval of an Accessory Building Use Permit to allow a 1,000 square-foot large vehicle parking structure with an additional attached 400 square-foot work-shed at 2009 Corona Avenue, located within the A-1-20 (Agricultural Low Density) Zone.

Planning Director Robles presented the staff report on file.

Member Shyu questioned staff about the drainage for the site, Director Robles explained this will be reviewed in plan check once the plans are submitted to the building.

Applicant present.

M/S JAFFARIAN/SHYU to approve Site Plan 2021-10. The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, JAFFARIAN, AND SHYU
NOES: NONE
ABSENT: ASKEY
ABSTAIN: NONE

5. PUBLIC HEARING(S)

5.A. Zone Code Amendment 2021-04 (City of Norco): An amendment to Title 18 (Zoning) of the Norco Municipal Code to establish Objective Development Standards that will apply to any housing development project or mixed used

Planning Commission Minutes - February 9, 2022
housing project that, pursuant to State law, requires ministerial approval, or where the housing development project is subject to discretionary review.

Planner Altopp presented the staff report on file.

Consultant present, explained each chapter for the Commission, there was also a Power Point presentation for all to view.

Member Jaffarian and Member Shyu had some questions about elevations, lighting, setbacks, phased construction, amenities and grade. Staff and the consultant made notes for possible changes.

M/S JAFFARIAN/SHYU to adopt Resolution 2022-02 and recommend approval of the Objective Development Standards to the City Council; to adopt Resolution 2022-03 and recommend approval of Zone Code Amendment 2021-04 to the City Council; and recommend the approval of a categorical exemption to the City Council. The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, JAFFARIAN, AND SHYU
NOES: NONE
ABSENT: ASKEY
ABSTAIN: NONE

6. COMMISSION / STAFF COMMUNICATIONS
NONE

7. ADJOURNMENT
Chair Hedges adjourned the meeting at 8:41p.m.

City Council

STAFF REPORT
Date: February 16, 2022 Agenda Item:

2.E.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Acceptance of 3.0 MG Reservoir 1 Replacement Project as Complete RECOMMENDATION:

Accept the 3.0 MG Reservoir 1 Replacement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The 3.0 MG Reservoir 1 Replacement Project consisted of the replacement of the existing Reservoir 1 with a new 3.0 MG Reservoir. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

BACKGROUND:

On April 1, 2020, City Council awarded a contract to Paso Robles Tank, Inc. in the amount of $3,119,849 for the construction of the 3.0 MG Reservoir 1 Replacement Project. The final contract amount paid to Paso Robles Tank, Inc. was $3,220,270 resulting in payment of an additional $100,421. This amount was authorized by the City Manager and was within the 10% allowable contingency of $311,985. The additional amount paid to the contractor was due to the additional gunite removal and additional excavation/export efforts.

Paso Robles Tank, Inc. completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared. Staff is recommending that the City Council accept the work performed by Paso Robles Tank, Inc. as complete and authorize the City Clerk to record the Notice of Completion with the County Recorders’ Office.

FISCAL IMPACT:

Not applicable.

RELATIONSHIP TO STRATEGIC PLAN:

The approval of Notice of Completion 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):

Notice of Completion

/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST

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

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS 3.0 MG RESERVOIR 1 REPLACEMENT PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND PASO ROBLES TANK, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 16TH DAY OF FEBRUARY, 2022.

THE WORK DONE: CONSISTED OF CONSTRUCTION OF THE 3.0 MG RESERVOIR NO. 1 REPLACEMENT, INCLUDING DEMOLISHING AN EXISTING

2.2 MG CONCRETE RESERVOIR, CONSTRUCTING A NEW 3.0 MG WELDED STEEL RESERVOIR, AND ASSOCIATED WORK, LOCATED IN THE CITY OF NORCO, CALIFORNIA.

THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING APRIL 1, 2020, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY PASO ROBLES TANK, INC. LOCATED IN HEMET, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED APRIL 1, 2020, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.

THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS ARGONAUT INSURANCE CO. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.

February 16, 2022
DATED: CITY OF NORCO

A MUNICIPAL CORPORATION
BY: __________________________

DANA ROA, CMC

CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:

I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 02/16/2022 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

City Council

STAFF REPORT
Date: February 16, 2022 Agenda Item:

2.F.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: City Council
SUBJECT:

CalRecycle SB1383 Local Assistance Grant Program
RECOMMENDATION:

Adopt Resolution No. 2022-10, authorizing staff to submit an application for payment of grant funds the City of Norco is eligible to receive under SB 1383 Local Assistance Grant Program.

SUMMARY:

In order to apply for and receive funds from CalRecycle, the City needs to provide a City Council adopted resolution to CalRecycle which authorizes the City to receive funds.

Signing this resolution gives CalRecycle the authority to release grant funds to the City, and will allow us to apply to future CalRecycle grants for the next five years, if additional funding becomes available.

BACKGROUND:

The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021.

This non-competitive grant program provides $57,000,000 of funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383, including but not limited to:
• Capacity Planning
• Collection
• Edible Food Recovery
• Education and outreach (includes organic waste & edible food recovery) • Enforcement and Inspection
• Program Evaluation/Gap Analysis
• Procurement Requirements
• Record Keeping

CalRecycle has determined the City's allocation of the one-time grant is $35,263. The City of Norco has worked hard over the last two years to get into compliance with State mandates. The City is currently at nearly 95% compliance with ensuring commercial accounts meet the recycling requirements. However, enforcing recycling requirements does require a fair amount of staff time to ensure that requirements continue to be met into the future. To meet this end, the City of Norco is applying for the full amount of the grant available to the City in the amount of $35,263 to help supplement the salary of the Administrative Compliance Coordinators responsible for overseeing recycling administration and enforcement. In order to apply for and receive funds from CalRecycle, the City needs to provide a City Council adopted resolution to CalRecycle which authorizes the City to receive funds. Signing this resolution gives CalRecycle the authority to release grant funds to the City, and will allow us to apply to future CalRecycle grants for the next five years, if additional funding becomes available.

FISCAL IMPACT:

Approval of Resolution No. 2022-10 would make the City eligible to receive approximately $35,263 in grant funding to help supplement staff costs to implement the City's State mandated recycling programs.

RELATIONSHIP TO STRATEGIC PLAN:

Acceptance of CalRecycle Grant Funds is consistent with Strategic Direction #3 - Financial Stability, "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):

Resolution No. 2022-10

RESOLUTION NO. 2022-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION FOR

PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS (INDIVIDUAL

JURISDICTION) FROM CALRECYCLE
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco at a regular meeting held on February 16, 2022 approved authorization to submit an application to CalRecycle for any and all payment programs offered; and BE IT FURTHER RESOLVED that the City Manager, or his/her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment; and
BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or this governing body.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on February 16, 2022
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Resolution No. 2022-10 – Application for CalRecycle Funding

February 16, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on February 16, 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 February 16, 2022
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: February 16, 2022 Agenda Item:

2.G.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Director
Department: Public Works
SUBJECT:

Equestrian Trail License Agreement on Crestview Drive Debris Basin Site RECOMMENDATION:

Approve the License Agreement between the City of Norco and Riverside County Flood Control & Water Conversation District for an Equestrian Trail Easement on Crestview Drive Debris Basin Site.

SUMMARY:

Staff is recommending that City Council approve the license agreement between the Riverside County Flood Control & Water Conversation District (RCFC&WCD) and the City of Norco to establish a permanent equestrian trail easement across the Crestview Drive Debris Basin site.

BACKGROUND:

During the construction of the Crestview Drive Debris Basin it was determined that a portion of the facility property had a pre-existing equestrian trail for public use across it.

Due to the location of the debris basin the existing equestrian trail needed to be realigned to accommodate the basin improvements. The trail was re-established along the westerly edge of the project including general grading and hydro seeding for stabilization (see Equestrian Trail Exhibit).

As part of the agreement, the City shall be responsible for maintaining the trail including weed abatement, trash and graffiti removal, and removal of excess manure and illegal dumping. Any additional improvements, including trail fencing, will be subject to RCFC&WCD review and approval under a no-fee encroachment permit.

FISCAL IMPACT:

Nominal maintenance cost annually.

RELATIONSHIP TO STRATEGIC PLAN:

Approving this agreement is consistent with Strategic Directive No. 1 regarding Infrastructure – 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):

Equestrian Trail Exhibit
License Agreement

Exhibit A

LICENSE AGREEMENT
Norco – Crestview Drive Debris Basin, Stage 1
Project No. 2-0-00085-01
1 of 1

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LICENSE AGREEMENT
Norco – Crestview Drive Debris Basin, Stage 1
Project No. 2-0-00085-01
This License Agreement ("License"), dated as of ________________, 2022, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body corporate and politic, ("LICENSOR") and the City of Norco, a California municipal corporation, ("LICENSEE"). Sometimes hereinafter, LICENSOR and LICENSEE may be referred to individually as a "Party" or collectively as the "Parties". The Parties hereby agree as follows:

RECITALS
A. LICENSOR entered into a certain agreement dated August 28, 2018 with LICENSEE to construct, operate and maintain Norco Crestview Drive Debris Basin, hereinafter called "BASIN", located in Riverside County, identified as District Parcel Number 2085-01 (Riverside County Assessor's Parcel No. xxx-xxx-xxx) ("Facility Property"); and B. BASIN is an essential and integral part of LICENSOR's regional system of stormwater management infrastructure that provides critical flood control and drainage, as shown on District Drawing No. 2-0485; and
C. Prior to the construction of BASIN, a portion of Facility Property had a preexisting equestrian trail for public use. LICENSEE has requested LICENSOR to allow continued use of a portion of Facility Property for equestrian trail use. The pre-existing equestrian trail needs to be realigned to be compatible with the constructed BASIN. The realigned equestrian trail ("TRAIL") shall be located along the western edge of Facility Property ("LICENSED PROPERTY") as shown in concept in teal in Exhibit "A", attached hereto and made part thereof. Therefore, as part of the construction of BASIN, LICENSOR will work with LICENSOR's contractor to (1) construct TRAIL, which shall follow the natural topography of LICENSED PROPERTY, (2) revise the fencing to allow for a re-aligned equestrian trail, (3)

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grade and hydroseed the route to ensure it is left in an acceptable and stabilized condition and (4) protect and install the former trail marker at a location agreeable to LICENSEE. LICENSOR shall not improve TRAIL to meet any equestrian or other forms of public use trail standards. If LICENSEE desires to construct TRAIL improvements to bring TRAIL to LICENSEE's standards, such improvements will be subject to separate review and approval under a no-fee encroachment permit(s) issued by LICENSOR.

D. LICENSEE shall maintain TRAIL and all items associated with public use within LICENSED PROPERTY, including, but not limited to: (1) all existing and future TRAIL features as approved by LICENSOR pursuant to review and approval under separate encroachment permits issued by LICENSOR, (2) repair and replacement of all fencing and other safety features along the boundary of LICENCED PROPERTY, (3) weed abatement, (4) trash removal and graffiti removal, (5) removal of accumulations of horse or public generated waste that may pose a public nuisance or cause a threat to water quality within the Facility Property and (6) removal of any other illegal dumping or nuisance conditions resulting from the public use of LICENSED PROPERTY. LICENSEE shall be responsible to take steps as necessary to ensure that the public is not allowed to use motorized or high-speed vehicles within LICENSED PROPERTY.

E. A portion of TRAIL will extend to the north of LICENCED PROPERTY, owned by Arlington Cemetery Association, Inc., as shown in orange in Exhibit A, hereinafter called "CEMETERY PROPERTY". LICENSEE shall be responsible to secure any licenses, agreements, permits or rights of entry that may be required by the owner of the CEMETERY PROPERTY for TRAIL access and use across CEMETERY PROPERTY. LICENSOR shall not make any improvements associated with TRAIL on CEMETERY PROPERTY without prior consent of the owner of that land.

F. NOW, THEREFORE, in consideration of the mutual covenants herein

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contained, the parties hereto mutually agree as follows:

SECTION I

1. Grant of License/Right of Entry. LICENSOR hereby authorizes LICENSEE, in accordance with the terms, covenants, conditions and provisions of this License Agreement, the revocable, non-exclusive use of LICENSED PROPERTY, as depicted on Exhibit "A", for the purpose of maintaining TRAIL and, if desired, to construct TRAIL improvements in the future, provided, however, that such future TRAIL improvements are subject to separate review and approval under no-fee encroachment permit(s) issued by LICENSOR. It is expressly agreed that LICENSED PROPERTY shall be used by LICENSEE solely and exclusively for the purpose of accommodating the public use equestrian TRAIL.

2. Nature of Rights. The permission, rights and privileges granted hereunder are revocable, nonexclusive and nontransferable. The rights granted hereunder in this License Agreement are subject to the prior use and property rights of LICENSOR, and all other licenses, covenants, conditions, restrictions, reservations, rights and easements, whether of record or not.

LICENSEE shall not unreasonably or materially interfere with the use, operation and activities of LICENSOR on LICENSED PROPERTY. LICENSEE shall not, either voluntarily or by action of law, assign or transfer this License Agreement or any obligation, right, title or interest assumed by LICENSEE herein without the prior written consent of LICENSOR. Section I(5) notwithstanding, if LICENSEE makes an assignment or transfer of this License Agreement, any obligation, right, title or interest herein without prior written consent of LICENSOR, LICENSOR may terminate and revoke the License Agreement provided LICENSEE has received ninety (90) days advance notice of termination.

3. Licensed Property "As Is". LICENSEE accepts LICENSED PROPERTY in its "as is" condition, with all faults. LICENSEE acknowledges and agrees that LICENSEE is entering LICENSED PROPERTY under this License Agreement based on LICENSEE's own

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investigations and knowledge of LICENSED PROPERTY and that, except as otherwise specifically stated in this License Agreement, neither LICENSOR nor any agent of LICENSOR, has made any representation or warranty whatsoever, express or implied, with regard to the physical condition of LICENSED PROPERTY or the suitability of LICENSED PROPERTY for any particular purpose or use, including, without limitation, any representations or warranties regarding the applicability or non-applicability of any laws, the soil or subsoil, surface or subsurface conditions, topography, possible Hazardous Materials contamination, fill, drainage, access to public roads, availability of utilities, existence of underground storage tanks, applicability of or compliance with any Environmental Law or any other matter of any nature whatsoever. LICENSOR is not responsible for damage to or loss by theft of LICENSEE's property located in, on or under LICENSED PROPERTY.

4. Use. LICENSEE shall use LICENSED PROPERTY solely for the use of TRAIL and shall not use it for any other purpose unless approved in writing by LICENSOR. No change shall be made by LICENSEE in the use of LICENSEDPROPERTY without LICENSOR's prior written approval.

5. Term and Termination of License.
(a) Term. This License Agreement shall commence on the date this License Agreement is fully approved and executed by Parties and continue for so long as LICENSED PROPERTY is used for the TRAIL unless terminated pursuant to the terms and conditions in Section I.5(b) herein.
(b) Termination for Cause. LICENSOR reserves the right to immediately terminate this License Agreement and any encroachment permit issued thereto if, for any reason whatsoever, LICENSOR's General Manager-Chief Engineer determines that LICENSEE's or the public's use of LICENSED PROPERTY is not compatible with the primary flood control purpose or function of LICENSOR's facilities. LICENSOR shall

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provide notification of such termination in writing and shall specify the effective date thereof.

LICENSOR shall have the right to terminate this License Agreement and any encroachment permit issued thereto, and shall have no obligation to reimburse LICENSEE for any of its improvements to LICENSED PROPERTY, under the following circumstances: (1) in the event of a default by LICENSEE of any term or provision of this License Agreement, which acts of LICENSEE shall include, but not be limited to, the failure by LICENSEE to perform any obligation under this License Agreement, provided LICENSEE has received written notice of default and LICENSEE has failed to cure the default within ninety (90) days of its receipt of said notice, unless otherwise agreed upon by the Parties, (2) in the event that LICENSEE has failed to cure the default as prescribed herein, then LICENSOR shall have the right to immediately terminate this License Agreement, for cause by providing notification of such termination in writing and specifying the effective date thereof and (3) if the owner of CEMETERY PROPERTY notifies LICENSOR it will not be permitting the continued operation of the equestrian TRAIL across CEMETERY PROPERTY. (c) Termination for Abandonment. In the event that LICENSEE shall abandon the use of LICENSED PROPERTY or any portion thereof, for the permitted purposes described herein, the License Agreement shall expire and terminate upon the expiration of six (6) months following LICENSEE's abandonment of the said property, in which case,LICENSOR shall provide written notice to LICENSEE of termination for abandonment with the effective date of said termination.

6. Relocation. In the event that LICENSOR determines in its sole but good faith discretion that it requires LICENSED PROPERTY hereunder for a public project ("Required Property"), LICENSOR shall notify LICENSEE of the same, and shall make available to

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LICENSEE a reasonable relocation area sufficient for relocation of TRAIL, provided that LICENSOR determines that it has such an area available. In such case, the Parties shall amend or terminate the License Agreement to remove the Required Property and shall enter into a new or amended License Agreement for the new property onto which the affected TRAIL shall be relocated. If LICENSOR does not have property available for such relocation, notwithstanding any other provision of this License Agreement, and in addition to its rights set forth in Section I(5) above, LICENSOR shall have the right to terminate the License Agreement. Acquisition of any property and relocation of TRAIL as described herein shall be at LICENSEE's sole cost and expense.

7. Maintenance and Repair. LICENSEE shall, at its own cost and subject to the written approval of LICENSOR's General Manager-Chief Engineer or his or her designee, repair and maintain the parts of TRAIL and LICENSED PROPERTY so that they will not at any time be a source of danger to or interference with (1) the present or future Facility Property managed by LICENSOR or (2) any other activities on LICENSED PROPERTY. Any repair and maintenance work shall be done to LICENSOR's standards.

8. Tests and Inspections. LICENSOR shall have the right at any time to inspect LICENSED PROPERTY so as to monitor compliance with this License Agreement. If, in LICENSOR's sole judgment, any LICENSEE-caused installation or condition on or LICENSEE's or public's use of LICENSED PROPERTY has been determined by LICENSOR to have an adverse effect on LICENSED PROPERTY (whether or not owned by LICENSOR) or LICENSOR's operations, LICENSOR shall be permitted to conduct any tests or assessments, including, but not limited to, environmental assessments, of, on or about LICENSED PROPERTY, as it determines to be necessary or useful to evaluate the condition of LICENSED PROPERTY. LICENSEE shall cooperate with LICENSOR in any tests or inspections deemed necessary by LICENSOR. LICENSEE shall pay or reimburse LICENSOR, as appropriate, for

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all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter within thirty (30) days of a request for payment.

9. Insurance. LICENSEE, at its sole cost and expense, shall obtain and maintain in full force and effect insurance as required by LICENSOR in the amounts and coverage specified and issued by insurance companies as described in Exhibit "B" attached hereto and incorporated herein by reference. Prior to (i) entering LICENSED PROPERTY or (ii) performing any work or maintenance on TRAIL, LICENSEE shall furnish LICENSOR with the insurance endorsements and certificates in the form and amounts specified in Exhibit "B", evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder. LICENSOR reserves the right to review and change the amount and type of insurance coverage it requires in connection with this License Agreement or the work to be performed on TRAIL. A program of self-insurance shall be an acceptable alternative to satisfy the insurance provisions required under this License Agreement.

10. Indemnity. LICENSEE shall indemnify, defend and hold harmless LICENSOR, its directors, officers, Board of Supervisors, elected and appointed officials, agents, employees, representatives, independent contractors and subcontractors (collectively "Indemnified Parties") from any liability whatsoever, based or asserted upon any act or omission of LICENSEE, its officers, employees, subcontractors, agents or representatives, arising from, related to or in any manner connected with LICENSEE's use and responsibilities in connection therewith of LICENSED PROPERTY or the condition thereof, including, but not limited to, property damage, liens, bodily injury or death, or any other element of any kind or nature whatsoever arising from, related to, or in any manner connected with the public use of LICENSED PROPERTY.

LICENSEE shall defend, at its sole expense, all costs and fees, including, but not limited to, attorneys' fees, cost of investigation, defense, and settlements or awards, Indemnified Parties in any claim or legal action based upon such alleged acts or omissions.

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With respect to any action or claim subject to indemnification herein by LICENSEE, LICENSEE shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of LICENSOR; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes LICENSEE's indemnification to Indemnified Parties as set forth herein. LICENSEE's obligation hereunder shall be satisfied when LICENSEE has provided to Indemnified Parties the appropriate form of dismissal relieving Indemnified Parties from any liability for the action or claim involved. The specified insurance limits required in this License Agreement shall in no way limit or circumscribe LICENSEE's obligations to indemnify and hold harmless Indemnified Parties herein from third party claims.

In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve LICENSEE from indemnifying the Indemnified Parties to the fullest extent allowed by law.

This indemnification provision shall survive termination or expiration of this License Agreement until such a time as the statute of limitations shall run forany claims that may arise out of this License Agreement.

11. Assumption of Risk and Waiver. LICENSEE shall waive any claim against LICENSOR for damages to TRAIL resulting from LICENSOR's customary operation and maintenance activities performed within LICENSED PROPERTY or its appurtenant works, including, but not limited to, any natural calamity, act of God or any cause or conditions beyond the control of LICENSOR, save and except damages resulting from LICENSOR's active negligence or willful misconduct.

12. Defense. Parties hereto shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of

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Parties. LICENSEE shall proceed diligently with the performance of this License Agreement pending the resolution of a dispute. Prior to the filing of any legal action related to this License Agreement, Parties shall be obligated to attend a mediation session with a neutral third-party mediator agreeable to both Parties in the County of Riverside. Parties shall equally share the cost of mediation.

13. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed as ofthe termination or cessation ofthis License Agreement in any mannershallsurvive the termination of this License Agreement, including, without limitation, TRAIL, and all obligations concerning the condition of the LICENSED PROPERTY.

14. Assignment. This License Agreement and the license granted herein are personal to LICENSEE. LICENSEE shall not assign or transfer (whether voluntary or involuntary) this License Agreement, in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of LICENSOR, which may be withheld in LICENSOR's sole and absolute discretion provided consent shall not be unreasonably delayed, conditioned or withheld. Any assignment made without prior written consent by LICENSOR shall be void and without effect and give LICENSOR the right to immediately terminate this License Agreement pursuant to the terms and conditions in Section I.2 herein.

15. Condemnation. In the event all or any portion of LICENSED PROPERTY shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), LICENSEE may receive compensation for the taking of and damage to TRAIL, only, if LICENSEE is to receive any compensation at all. Any other compensation or damages arising out of such taking or condemnation awarded to LICENSEE are hereby assigned by LICENSEE to LICENSOR.

16. Restoration of LICENSED PROPERTY; Claims for Costs. Upon the termination, revocation or cessation of this License Agreement, LICENSEE, upon demand of LICENSOR

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and at LICENSEE's own cost and expense, shall abandon TRAIL and remove it and restore LICENSED PROPERTY to the same condition in which they were prior to the maintenance of TRAIL thereunder,reasonable wear and tear excepted, unless Parties otherwise agree in writing that removal and restoration is not to be done or not necessary. In no eventshall LICENSEE have any claim against LICENSOR for any of the costs of operating, repairing, maintaining, replacing or removing TRAIL. In case LICENSEE shall fail to restore LICENSED PROPERTY as aforesaid within one hundred eighty (180) days after the effective date of said termination, revocation or cessation, LICENSOR may proceed with such work at the expenseof LICENSEE or may assume title and ownership of TRAIL and any other property of LICENSEE located on LICENSED PROPERTY. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date TRAIL is removed.

17. Notice. Any notice hereunder to be given by one Party to the other Party shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed as specified below. Either LICENSOR or LICENSEE may change its address for the receipt of notice by giving written notice thereof to the other PARTY of such change.

TO LICENSOR:

Riverside County Flood Control and
Water Conservation District
Attention: Chief of Operations and
Maintenance Division
1995 Market Street
Riverside, CA 92501
TO LICENSEE:

City of Norco:

Attn: Director of Public Works
2870 Clark Avenue Norco, CA
92860

18. Nondiscrimination. LICENSEE certifies and agrees that all persons employed thereby and any contractorsretained thereby with respect to LICENSED PROPERTY and TRAIL are and shall be treated equally without regard to or because of race, religion, ancestry, national origin or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including, but not limited to, the Civil Rights Act of 1964; the Unruh Civil Rights

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Act; the Cartwright Act; and the California Fair Employment Practices Act.

19. Further Acts. LICENSEE agrees, at LICENSEE's sole expense, to perform any further acts, and to execute and deliver in recordable form any documents, which may be reasonably necessary to carry out the provisions of this License Agreement, including, at LICENSOR's sole discretion, the relocation of TRAIL and the license granted by this License Agreement. Any order by LICENSOR for relocation of TRAIL shall be in accordance with Section I.6 of this License Agreement.

20. Non-Exclusive License. The license granted by this License Agreement is not exclusive and LICENSOR specifically reservesthe right to grant other licenses within the vicinity of TRAIL, provided that any such licenses shall not unreasonably interfere with LICENSEE's use of LICENSED PROPERTY.

21. Severability. If any term, covenant, condition or provision of this License Agreement or the application thereof to any person or circumstance shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this License Agreement or the application thereof to any person or circumstance shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

22. Entire Agreement. This License Agreement and the Exhibits incorporated hereto constitute the entire agreement between LICENSOR and LICENSEE with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between Parties with respect to the items set forth herein.

23. Governing Law and Venue. This License Agreement shall be governed by the laws of the State of California, and venue shall be set in the County of Riverside.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION
DISTRICT, a body corporate and politic
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

GREGORY P. PRIAMOS
County Counsel

KECIA HARPER
Clerk of the Board
By
Ryan Yabko
Deputy County Counsel
By
Deputy
(SEAL)
License Agreement with City of Norco
Project No. 2-0-00085-01
07/28/21
BB:blm

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RECOMMENDED FOR APPROVAL: CITY OF NORCO
By

GREG NEWTON
Mayor
APPROVED AS TO FORM: ATTEST:

By

JOHN HARPER
City Attorney
By

DANA ROA
City Clerk
(SEAL)
License Agreement with City of Norco
Project No. 2-0-00085-01
07/28/21
BB:blm
Date: __February 16, 2022______
, CMC

City Council

STAFF REPORT
Date: February 16, 2022 Agenda Item:

2.H.

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 Bronco Lane Waterline Project RECOMMENDATION:

Accept bids and award a contract to Tryco General Engineering for the Bronco Lane Waterline Project in the amount of $794,937 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Bronco Lane Waterline Project were opened on January 26, 2022, with Tryco General Engineering of Rimforest, California being the lowest responsible bidder.

Therefore, it is recommended that a contract be awarded to Tryco General Engineering in the amount of $794,937 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 Bronco Lane Waterline Project were advertised on December 28, 2021 with a bid opening date of January 26, 2022. A total of 14 bids were received with proposals ranging in value from $794,937 to 1,869,850. The bid summary analysis has been attached for Council’s review (See Bid Summary). The Bronco Lane Waterline project entails the installation of 3,465 linear feet of new 8” Ductile Iron water main within Bronco Lane (see Project Exhibit).

Staff has reviewed all the bids submitted and determined Tryco General Engineering of Rimforest, California as being the lowest responsible bidder in the amount of $794,937 (see attached Tryco General Engineering Proposal). 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 Bronco Lane Waterline Project.

Staff recommends that City Council award a contract to Tryco General Engineering in the amount of $794,937 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

FISCAL IMPACT:

The Bronco Lane Waterline Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2021-2022. Funds in the amount of $1,025,000 ($1,000,000 for construction and $25,000 for design costs – project number 4706.38; 144.950.43210 & 144.950.43210.30) are available and sufficient to fund the lowest bidder bid amount including the 10% contingency.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Bronco Lane Waterline 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
Proposal
Contract

Company Name / Address BID
MCC Equipment Rentals, Inc.
$ 949,994.37
Kirtley Construction Inc. dba TK Construction
P.O. Box 9608
San Bernardino, CA 92427 $ 1,063,182.00
J A Salazar Construction & Supply Corp
613 N. Harbor Blvd.

La Habra, CA 90631 $ 1,525,640.00
Carney Engineering / Construction
$ 1,370,500.00
Kana Pipeline, Inc.
12620 Magnolia Ave.

Riverside, CA 92503 $ 1,477,000.00
Dominguez General Engineering, Inc.
11096 Pipeline Ave.

Pomona, CA 91766 $ 1,835,712.00
ACE - All Cities Engineering Inc.
5881 Snowgrass Trail
Jurupa Valley, CA 92509 $ 1,030,250.00
TryCo General Engineering
P.O. Box 391
Rimforest, CA 92378 $ 794,937.00
T.E. Roberts Incorporated
17771 Mitchell North
Irvine, CA 92614 $ 1,398,274.00
Ferreira Coastal Construction Co.
10370 Commerce Center Dr., Ste B-200
Rancho Cucamonga, CA 91730 $ 1,376,790.00
AID Builders, Inc.
10605 Bloomfield St.

Los Alamitos, CA 90760 $ 1,869,850.00
C.P. Construction Company, Inc.

P.O. Box 1206
Ontario CA 91762 $ 1,756,675.00
City of Norco
Bronco Lane Waterline
January 26, 2022 - 10:00 A.M.

Company Name / Address BID
City of Norco
Bronco Lane Waterline
January 26, 2022 - 10:00 A.M.

E.J. Meyer Company
P.O. Box 277
Highland, CA 92346 $ 1,155,555.00
Christensen Brothers General Engineering
P.O. Box 1286
Apple Valley, CA 92307 $ 1,787,870.00
$ -
$ -
$ -
$ -

BID SUMMARY SHEET

BRONCO LANE WATERLINE PROJECT

ITEMQUANTITY UNITS DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

BASE BID
1 1 LS
Mobilization for projects in accordance with specifications at (max 3% of total base bid) $20,000.00 $20,000.00 $25,300.00 $25,300.00 $20,000.00 $20,000.00 $23,600.00 $23,600.00 2 1LS
Traffic Control Plans & Construction Devices (Including Engineered Traffic Control Plan) $8,000.00 $8,000.00 $3,500.00 $3,500.00 $18,000.00 $18,000.00 $4,000.00 $4,000.00 3 1 LS Water Pollution Control Compliance $15,000.00 $15,000.00 $1,650.00 $1,650.00 $7,500.00 $7,500.00 $600.00 $600.004 3,478 LF Install 8" DIP class 350 waterline per plans (including trench street cut, excavation, bedding, aggregate base, backfill, asphalt, chlorination testing, flushing, hydrostatic testing including all appurtenances, testing plates, blow offs, ports,k ect. Per Std. specs) $104.00 $361,712.00 $122.79 $427,063.62 $120.00 $417,360.00 $149.00 $518,222.00 5 75 EA
Install new 1" water service lateral per C.O.N. Std.plan 410 (including trench st cut, excavation, aggregate base, bedding & backfill 7 asphalt per City Of Norco Std.) $2,180.00 $163,500.00 $2,426.89 $182,016.75 $2,300.00 $172,500.00 $2,650.00 $198,750.00 6 3,530 LF Abandon in place existing waterline per City Of Norco Std. $2.50 $8,825.00 $1.00 $3,530.00 $5.50 $19,415.00 $5.00 $17,650.00 7 2 EA Construct 10" spool & flex coupling adaptor $1,400.00 $2,800.00 $4,587.00 $9,174.00 $2,500.00 $5,000.00 $1,950.00 $3,900.00 8 1 EA Construct cut-In tee (10"X10"X8") $3,200.00 $3,200.00 $4,790.00 $4,790.00 $12,500.00 $12,500.00 $9,100.00 $9,100.009 6EA Install 1" Combination Air Release valve assembly per city of Norco Std. plan No. 442 $2,300.00 $13,800.00 $5,420.00 $32,520.00 $4,500.00 $27,000.00 $4,500.00 $27,000.00 10 10 EA
minimum of 6" between exisitng utility & proposed water line per plans $300.00 $3,000.00 $345.00 $3,450.00 $110.00 $1,100.00 $100.00 $1,000.00 11 13 EA Remove & dispose of existing valve (size per plan) $600.00 $7,800.00 $30.00 $390.00 $500.00 $6,500.00 $450.00 $5,850.00 12 29 EA
Reconstruct existing sewer lateral per house connection remodeling SSPWC std. plan 223-2 field verify connection, assume case-E $480.00 $13,920.00 $933.00 $27,057.00 $4,800.00 $139,200.00 $650.00 $18,850.00 13 14 EA Install new Std. fire hydrant per C.O.N. std.plan 430 at $8,980.00 $125,720.00 $12,028.00 $168,392.00 $8,000.00 $112,000.00 $11,200.00 $156,800.00 14 9 EA
Remove existing fire hydrant & appurtenances (including blue pavement marker) $400.00 $3,600.00 $114.00 $1,026.00 $1,500.00 $13,500.00 $1,200.00 $10,800.00 15 6 EA
Install 8" gate valve w/ std. valve box assembly per C.O.N. std. plan 470 $1,780.00 $10,680.00 $2,185.00 $13,110.00 $1,550.00 $9,300.00 $2,100.00 $12,600.00 16 2 EA
Install 10" gate valve w/ std. valve box assembly per C.O.N. Std. plan 470 $2,480.00 $4,960.00 $3,000.00 $6,000.00 $2,100.00 $4,200.00 $3,400.00 $6,800.00

TRYCO GENERAL ENGINEERING MCC EQUIPMENT RENTALS ALL CITIES ENGINEERING KIRTLEY CONSTRUCTION DBA TK CONSTRUCTION

BID SUMMARY SHEET

BRONCO LANE WATERLINE PROJECT

ITEMQUANTITY UNITS DESCRIPTION

BASE BID
1 1 LS
Mobilization for projects in accordance with specifications at (max 3% of total base bid) 2 1LS
Traffic Control Plans & Construction Devices (Including Engineered Traffic Control Plan) 3 1 LS Water Pollution Control Compliance4 3,478 LF
Install 8" DIP class 350 waterline per plans (including trench street cut, excavation, bedding, aggregate base, backfill, asphalt, chlorination testing, flushing, hydrostatic testing including all appurtenances, testing plates, blow offs, ports,k ect. Per Std. specs) 5 75 EA
Install new 1" water service lateral per C.O.N. Std.plan 410 (including trench st cut, excavation, aggregate base, bedding & backfill 7 asphalt per City Of Norco Std.) 6 3,530 LF Abandon in place existing waterline per City Of Norco Std. 7 2 EA Construct 10" spool & flex coupling adaptor
8 1 EA Construct cut-In tee (10"X10"X8")9 6EA
Install 1" Combination Air Release valve assembly per city of Norco Std. plan No. 442 10 10 EA
minimum of 6" between exisitng utility & proposed water line per plans 11 13 EA Remove & dispose of existing valve (size per plan) 12 29 EA
Reconstruct existing sewer lateral per house connection remodeling SSPWC std. plan 223-2 field verify connection, assume case-E 13 14 EA Install new Std. fire hydrant per C.O.N. std.plan 430 at 14 9 EA
Remove existing fire hydrant & appurtenances (including blue pavement marker) 15 6 EA
Install 8" gate valve w/ std. valve box assembly per C.O.N. std. plan 470 16 2 EA
Install 10" gate valve w/ std. valve box assembly per C.O.N. Std. plan 470

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL $38,511.00 $38,511.00 $36,000.00 $36,000.00 $33,555.00 $33,555.00 $40,000.00 $40,000.00$15,500.00 $15,500.00 $11,000.00 $11,000.00 $35,516.00 $35,516.00 $27,500.00 $27,500.00 $2,000.00 $2,000.00 $600.00 $600.00 $4,972.00 $4,972.00 $3,000.00 $3,000.00 $183.00 $636,474.00 $195.00 $678,210.00 $157.00 $546,046.00 $201.00 $699,078.00 $3,750.00 $281,250.00 $3,600.00 $270,000.00 $3,511.00 $263,325.00 $3,100.00 $232,500.00 $3.00 $10,590.00 $3.20 $11,296.00 $13.00 $45,890.00 $8.00 $28,240.00 $1,675.00 $3,350.00 $1,230.00 $2,460.00 $3,667.00 $7,334.00 $3,000.00 $6,000.00 $10,250.00 $10,250.00 $1,615.00 $1,615.00 $6,150.00 $6,150.00 $14,000.00 $14,000.00 $7,500.00 $45,000.00 $6,360.00 $38,160.00 $8,285.00 $49,710.00 $5,500.00 $33,000.00 $150.00 $1,500.00 $40.00 $400.00 $1,011.00 $10,110.00 $2,100.00 $21,000.00 $1,200.00 $15,600.00 $450.00 $5,850.00 $574.00 $7,462.00 $2,300.00 $29,900.00$1,900.00 $55,100.00 $2,200.00 $63,800.00 $1,314.00 $38,106.00 $2,700.00 $78,300.00 $14,250.00 $199,500.00 $13,900.00 $194,600.00 $16,636.00 $232,904.00 $11,400.00 $159,600.00 $600.00 $5,400.00 $1,100.00 $9,900.00 $5,085.00 $45,765.00 $2,200.00 $19,800.00 $3,250.00 $19,500.00 $2,300.00 $13,800.00 $4,186.00 $25,116.00 $2,700.00 $16,200.00$3,500.00 $7,000.00 $3,300.00 $6,600.00 $5,418.00 $10,836.00 $3,500.00 $7,000.00

CARNEY ENGINEERING
CONSTRUCTION, INC.

FERREIRA CONSTRUCTION CO.,
INC. T.E. ROBERTS, INC. KANA PIPELINE, INC.

BID SUMMARY SHEET

BRONCO LANE WATERLINE PROJECT

ITEMQUANTITY UNITS DESCRIPTION

BASE BID
1 1 LS
Mobilization for projects in accordance with specifications at (max 3% of total base bid) 2 1LS
Traffic Control Plans & Construction Devices (Including Engineered Traffic Control Plan) 3 1 LS Water Pollution Control Compliance4 3,478 LF
Install 8" DIP class 350 waterline per plans (including trench street cut, excavation, bedding, aggregate base, backfill, asphalt, chlorination testing, flushing, hydrostatic testing including all appurtenances, testing plates, blow offs, ports,k ect. Per Std. specs) 5 75 EA
Install new 1" water service lateral per C.O.N. Std.plan 410 (including trench st cut, excavation, aggregate base, bedding & backfill 7 asphalt per City Of Norco Std.) 6 3,530 LF Abandon in place existing waterline per City Of Norco Std. 7 2 EA Construct 10" spool & flex coupling adaptor
8 1 EA Construct cut-In tee (10"X10"X8")9 6EA
Install 1" Combination Air Release valve assembly per city of Norco Std. plan No. 442 10 10 EA
minimum of 6" between exisitng utility & proposed water line per plans 11 13 EA Remove & dispose of existing valve (size per plan) 12 29 EA
Reconstruct existing sewer lateral per house connection remodeling SSPWC std. plan 223-2 field verify connection, assume case-E 13 14 EA Install new Std. fire hydrant per C.O.N. std.plan 430 at 14 9 EA
Remove existing fire hydrant & appurtenances (including blue pavement marker) 15 6 EA
Install 8" gate valve w/ std. valve box assembly per C.O.N. std. plan 470 16 2 EA
Install 10" gate valve w/ std. valve box assembly per C.O.N. Std. plan 470

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL $35,000.00 $35,000.00 $52,000.00 $52,000.00 $67,000.00 $67,000.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00$15,000.00 $15,000.00 $20,000.00 $20,000.00 $79,000.00 $79,000.00 $10,000.00 $10,000.00 $45,000.00 $45,000.00$12,000.00 $12,000.00 $15,000.00 $15,000.00 $16,000.00 $16,000.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $125.00 $434,750.00 $235.00 $817,330.00 $230.00 $799,940.00 $264.00 $918,192.00 $225.00 $782,550.00 $2,500.00 $187,500.00 $2,450.00 $183,750.00 $4,800.00 $360,000.00 $4,000.00 $300,000.00 $3,000.00 $225,000.00 $8.00 $28,240.00 $24.00 $84,720.00 $5.00 $17,650.00 $14.00 $49,420.00 $30.00 $105,900.00 $4,200.00 $8,400.00 $7,500.00 $15,000.00 $5,600.00 $11,200.00 $7,800.00 $15,600.00 $1,500.00 $3,000.00 $12,500.00 $12,500.00 $12,500.00 $12,500.00 $7,000.00 $7,000.00 $9,800.00 $9,800.00 $3,500.00 $3,500.00 $6,500.00 $39,000.00 $6,500.00 $39,000.00 $8,600.00 $51,600.00 $7,200.00 $43,200.00 $4,900.00 $29,400.00 $75.00 $750.00 $2,000.00 $20,000.00 $800.00 $8,000.00 $1,000.00 $10,000.00 $10,000.00 $100,000.00 $7,500.00 $97,500.00 $950.00 $12,350.00 $1,500.00 $19,500.00 $2,000.00 $26,000.00 $500.00 $6,500.00 $10,500.00 $304,500.00 $7,500.00 $217,500.00 $2,300.00 $66,700.00 $2,500.00 $72,500.00 $3,000.00 $87,000.00$19,000.00 $266,000.00 $12,500.00 $175,000.00 $14,600.00 $204,400.00 $16,900.00 $236,600.00 $27,500.00 $385,000.00 $1,500.00 $13,500.00 $1,250.00 $11,250.00 $1,150.00 $10,350.00 $2,000.00 $18,000.00 $500.00 $4,500.00$4,200.00 $25,200.00 $4,200.00 $25,200.00 $3,000.00 $18,000.00 $2,300.00 $13,800.00 $5,500.00 $33,000.00$4,900.00 $9,800.00 $5,950.00 $11,900.00 $3,900.00 $7,800.00 $3,300.00 $6,600.00 $6,000.00 $12,000.00 C.P. CONSTRUCTION CO. AID BUILDERS, INC. CHRISTENSEN BROTHERS GENERAL ENGINEERING, INC. DOMINGUEZ GENERAL ENG. J.A. SALAZAR CONSTRUCTION & SUPPLY

BID SUMMARY SHEET

BRONCO LANE WATERLINE PROJECT

ITEMQUANTITY UNITS DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

BASE BID

TRYCO GENERAL ENGINEERING MCC EQUIPMENT RENTALS ALL CITIES ENGINEERING KIRTLEY CONSTRUCTION DBA TK CONSTRUCTION 17 1 EA Install 8"x8"x7" D.I. Class 350 tee w/ restrained joints at $780.00 $780.00 $8,950.00 $8,950.00 $1,000.00 $1,000.00 $8,000.00 $8,000.00 18 4 EA Install 8" 45 degree D.I. fitting w/ restrained joints at $380.00 $1,520.00 $880.00 $3,520.00 $500.00 $2,000.00 $650.00 $2,600.00 19 7 EA
Install 8" 11.25 Degree D.I. fitting w/ restrained joints (size per plan) class 350 $380.00 $2,660.00 $360.00 $2,520.00 $450.00 $3,150.00 $850.00 $5,950.00 20 1 EA Install ductile iron CL250 flange by MJ reducer (8"X12") $880.00 $880.00 $528.00 $528.00 $2,500.00 $2,500.00 $1,100.00 $1,100.00 21 2 EA Install ductile iron CL250 flange by MJ reducer (10"X8") $1,680.00 $3,360.00 $5,900.00 $11,800.00 $2,300.00 $4,600.00 $5,000.00 $10,000.00 22 2 EA
Remove & dispose existing CML&C 10"X6" reducer, 45 degree fitting, & thrust block at $2,000.00 $4,000.00 $235.00 $470.00 $2,200.00 $4,400.00 $2,500.00 $5,000.00 23 6 LF
Remove interfering portions of 6" water line & install concrete plug (12 inch min) $340.00 $2,040.00 $67.00 $402.00 $2,500.00 $15,000.00 $500.00 $3,000.00 24 1 EA
Remove & dispose of existing 10"X10"X6" tee & thrust block at $1,800.00 $1,800.00 $110.00 $110.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 25 1 EA
Remove & dispose of existing 6"X6"X6" tee, 12"X6" reducer & thrust block at $2,200.00 $2,200.00 $120.00 $120.00 $2,800.00 $2,800.00 $2,500.00 $2,500.00 26 35 LF
Remove & replace existing cross gutter to nearest cold joint per city of Norco Std. dwg 225. Joint existing gutter per plans at. $68.00 $2,380.00 $103.00 $3,605.00 $125.00 $4,375.00 $86.00 $3,010.00 27 10 LF
Install 10" DIP class 350 waterline per plans (including trench street cut, excavation, bedding, aggregate base, backfill, asphalt, chlorination testing all appurtenances, testing plates, blow offs, ports, ect. Per Std. specs $680.00 $6,800.00 $900.00 $9,000.00 $285.00 $2,850.00 $400.00 $4,000.00 BID TOTAL FOR BASE BID $794,937.00 $949,994.37 $1,030,250.00 $1,063,182.00

BID SUMMARY SHEET

BRONCO LANE WATERLINE PROJECT

ITEMQUANTITY UNITS DESCRIPTION

BASE BID
17 1 EA Install 8"x8"x7" D.I. Class 350 tee w/ restrained joints at 18 4 EA Install 8" 45 degree D.I. fitting w/ restrained joints at 19 7 EA
Install 8" 11.25 Degree D.I. fitting w/ restrained joints (size per plan) class 350 20 1 EA Install ductile iron CL250 flange by MJ reducer (8"X12") 21 2 EA Install ductile iron CL250 flange by MJ reducer (10"X8")22 2 EA Remove & dispose existing CML&C 10"X6" reducer, 45 degree fitting, & thrust block at 23 6 LF
Remove interfering portions of 6" water line & install concrete plug (12 inch min) 24 1 EA
Remove & dispose of existing 10"X10"X6" tee & thrust block at 25 1 EA
Remove & dispose of existing 6"X6"X6" tee, 12"X6" reducer & thrust block at 26 35 LF
Remove & replace existing cross gutter to nearest cold joint per city of Norco Std. dwg 225. Joint existing gutter per plans at. 27 10 LF
Install 10" DIP class 350 waterline per plans (including trench street cut, excavation, bedding, aggregate base, backfill, asphalt, chlorination testing all appurtenances, testing plates, blow offs, ports, ect. Per Std. specs

BID TOTAL FOR BASE BID

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL

CARNEY ENGINEERING
CONSTRUCTION, INC.

FERREIRA CONSTRUCTION CO.,
INC. T.E. ROBERTS, INC. KANA PIPELINE, INC.
$1,250.00 $1,250.00 $1,350.00 $1,350.00 $1,040.00 $1,040.00 $13,600.00 $13,600.00 $875.00 $3,500.00 $630.00 $2,520.00 $897.00 $3,588.00 $500.00 $2,000.00$850.00 $5,950.00 $610.00 $4,270.00 $876.00 $6,132.00 $700.00 $4,900.00 $1,350.00 $1,350.00 $1,273.00 $1,273.00 $750.00 $750.00 $1,000.00 $1,000.00$1,000.00 $2,000.00 $1,215.00 $2,430.00 $754.00 $1,508.00 $8,500.00 $17,000.00 $300.00 $600.00 $700.00 $1,400.00 $527.00 $1,054.00 $2,000.00 $4,000.00$175.00 $1,050.00 $366.00 $2,196.00 $300.00 $1,800.00 $500.00 $3,000.00$600.00 $600.00 $1,150.00 $1,150.00 $705.00 $705.00 $2,782.00 $2,782.00$600.00 $600.00 $1,150.00 $1,150.00 $705.00 $705.00 $2,000.00 $2,000.00$145.00 $5,075.00 $236.00 $8,260.00 $437.00 $15,295.00 $160.00 $5,600.00$200.00 $2,000.00 $650.00 $6,500.00 $290.00 $2,900.00 $600.00 $6,000.00 $1,370,500.00 $1,376,790.00 $1,398,274.00 $1,477,000.00

BID SUMMARY SHEET

BRONCO LANE WATERLINE PROJECT

ITEMQUANTITY UNITS DESCRIPTION

BASE BID
17 1 EA Install 8"x8"x7" D.I. Class 350 tee w/ restrained joints at 18 4 EA Install 8" 45 degree D.I. fitting w/ restrained joints at 19 7 EA
Install 8" 11.25 Degree D.I. fitting w/ restrained joints (size per plan) class 350 20 1 EA Install ductile iron CL250 flange by MJ reducer (8"X12") 21 2 EA Install ductile iron CL250 flange by MJ reducer (10"X8")22 2 EA Remove & dispose existing CML&C 10"X6" reducer, 45 degree fitting, & thrust block at 23 6 LF
Remove interfering portions of 6" water line & install concrete plug (12 inch min) 24 1 EA
Remove & dispose of existing 10"X10"X6" tee & thrust block at 25 1 EA
Remove & dispose of existing 6"X6"X6" tee, 12"X6" reducer & thrust block at 26 35 LF
Remove & replace existing cross gutter to nearest cold joint per city of Norco Std. dwg 225. Joint existing gutter per plans at. 27 10 LF
Install 10" DIP class 350 waterline per plans (including trench street cut, excavation, bedding, aggregate base, backfill, asphalt, chlorination testing all appurtenances, testing plates, blow offs, ports, ect. Per Std. specs

BID TOTAL FOR BASE BID

UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL UNIT BID TOTAL C.P. CONSTRUCTION CO. AID BUILDERS, INC. CHRISTENSEN BROTHERS GENERAL ENGINEERING, INC. DOMINGUEZ GENERAL ENG. J.A. SALAZAR CONSTRUCTION & SUPPLY $2,000.00 $2,000.00 $9,500.00 $9,500.00 $4,400.00 $4,400.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $850.00 $3,400.00 $1,250.00 $5,000.00 $1,460.00 $5,840.00 $1,000.00 $4,000.00 $2,500.00 $10,000.00$850.00 $5,950.00 $1,100.00 $7,700.00 $1,500.00 $10,500.00 $1,000.00 $7,000.00 $2,500.00 $17,500.00 $1,800.00 $1,800.00 $950.00 $950.00 $1,400.00 $1,400.00 $6,500.00 $6,500.00 $1,500.00 $1,500.00$1,500.00 $3,000.00 $950.00 $1,900.00 $1,600.00 $3,200.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00$1,000.00 $2,000.00 $3,000.00 $6,000.00 $1,600.00 $3,200.00 $2,000.00 $4,000.00 $4,000.00 $8,000.00 $100.00 $600.00 $500.00 $3,000.00 $150.00 $900.00 $500.00 $3,000.00 $1,000.00 $6,000.00 $4,500.00 $4,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00$4,500.00 $4,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 $150.00 $5,250.00 $75.00 $2,625.00 $190.00 $6,650.00 $300.00 $10,500.00 $100.00 $3,500.00$300.00 $3,000.00 $450.00 $4,500.00 $400.00 $4,000.00 $500.00 $5,000.00 $300.00 $3,000.00 $1,525,640.00 $1,756,675.00 Actual: $1,787,230.00 $1,835,712.00 Actual: $1,959,850.00 Contractor: $1,787,870.00 Contractor: $1,869,850.00

CITYOF NORCO

PROPOSAL
B|DDER’S
TO CITYOF NORCO, as AGENCY:

In accordance with AGENCY’S “Notice Inviting Sealed Bids," the undersigned BIDDE hereby proposes to furnish all materials, equipment, tools, labor, and incidentals Rrequired 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, Speci?cations, 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 Bid Sheet. BIDDE understands that failure to enter into a Contract in the manner and time prescribed R wil result in forfeiture to AGENCY of the Bid Bond accompanying this proposal. l BIDDER understands that a bid is required for the entire work which the estimated quantities set forth inthe Proposal BidSheet are solely for the purpose of comparing bids, and that final compensation under the Contract willbe 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.

BIDDERagrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions ofthat code, and that the BIDDERwillcomply with such provisions ofthat code before commencing the performance of this Contract if awarded to it.

BIDDERcertifiesthat inallprevious contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment P-1

BRONCO LANEWATERLINEPROJECT
FOR

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_4:;_
L
Q1/»41£'m/eJ+['4 7
M 2 oz
{Po
opportunity orders have been satisfactorily ?led, and that no such reports are currently outstanding.

BIDDERdeclares in the attached Non-Collusion Affidavitthat the only persons or parties interested in this proposal as principals are those named therein; that no of?cer, 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, ?rm, or corporation making a bid for the same work; and that this proposal is in all respects fair andwithout collusion or fraud.

BIDDER certi?es 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 af?rmative actions have been carefully documented, that said documentation is open to inspection, and that said af?rmative action willremain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action willbe taken to meet all equal employment opportunity requirements of the Contract Documents.

DATED:,lggg%i,zg ,2o22 BIDDER: r 4 M/ mi/y
PHONE: I7 537*
B|DDER'S ADDRESS:
72? JTITLE

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BIDDERcerti?es that the following information is true and correct:

BIDDER'S INFORMATIO
State Contractor's License No. and Class:

Original Date Issued: '7”Z2’—ZGH Expiration Date:

DIRRegistration No.:

The following are the names, titles, addresses, and phone numbers of all individuals, fir members, partners, joint venturers, and/or corporate of?cers having a principal interestmin this proposal:

Z6
Allcurrent and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

Bidder's Name:

Business Address:
/€07 f3”7”_?33
Telephone:

£?%
x EH79) ‘1?:m19wJ«1~ _/“ Q 7
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zgéwqiéwéa

CONTRACTOR'S LICENSINGSTATEMENT
The undersigned is licensed in accordance with the laws of the State of Californi providing for the registration of Contractors. a
Contractor's License Number:

DIRRegistration No.:

Signature of Owner
‘ Business:

Name:

Address:

Z30“
Address or Name of Corporation:

Business Address: 37
Address or Name of Firm
:

Business Address:

Ign 6f Pr ent of Corporation
Sig ture of Secre ary of C poration
P-4
Corporation organized under the laws of the State of
Title
Title
Name of IndividualContractor (Print or Type):

12/ 73» ”W=U%£4m%— m

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and speci?cations, inan amount in excess of one-half (1/2) of one percent (1%) ofthe General Contractor’s total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each Subcontractor Name Under Speci?c
Which Sub Description of
Contractor is License DIR Address of Sub Contract % of Total Licensed Number Number Of?ce Work Bid
33563 f00000‘7ZoL Q-33‘,v.;1mw
(,5 75267 1/‘rmFmmvdrxw92>’? J’cm/ 0067
re
I (Z3
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 pursuant to 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 for that subcontractor.

D ed Bid r
Sig tur
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(Ljc/‘P *1/yétlgvaw//)3 ,9
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20» N £./3% (J)/7.?«’/142:1/dag /
£4 £4» f,_/ A7771]/:24 /,2
52 “K FM“/In Cum! 4 I‘
/ (‘A 92
C’/' a c/3mfwward/he 13072/24c¢exz7’2 704 ,z,45L—5“ 9
‘
' £200 4
26 “m
4a//M149 W ?0¢‘i £5 I/-

REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which BIDDERhas performed similar work within the past two years:
323 L4 »7J’/ 1%
. .4 42-24%‘
Mlycd I

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDERintends to procure insurance and bonds:

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?%j 3'ré?h'éfdieihti'f¥??i3*'ia¢iunci;'£::3io‘TfHEfC‘F¥Y.OF ENQRCQ. as ; j %Ai%pW . %
% _ ($
coeenera.En Wm V T %
~':~“3==.=-5,;-3$ 3§{3§3§R;.§aRd'i "iv"2iv: 3'i::i.:;:;:.;'::”:__~;__; ;;_- ’ ff: '::Wééfe=rH.N‘ati.onal*'Mutua|jlnsiufance Cdmkéhf .::.:;iii ' ' ‘ : I -: a's‘- "?Pér¢éhfbfiihé.TotaIAmountofthe~;Bi.d:: -A . 1 t -5 :=~do?ars_ in s=A~:;:1:0?==«: aWi1i<>h:?si10ir>éfé=$?ti£ift%:ejtxifaiiahfatsuxitbidTbvB¥DDER%?t¢:i:
%i?k
E(1% —
_ AGEN_.£;;‘?'§?f.1he;§ab§%&ié. gtaiéd projeci; fc_r.t_h'e:i payment?which ’sL_;m,§B;l,D'£>E_‘;R‘i and3;;_;_; AI’ ‘
‘$UR4ETY*?§f€#%1t9ib¢:¥#¢ié?3d;.i¢i?it!y:3hci seve¥a!iy,%.?rmIy.?bythese:>.reseintfs.;f, ; .5 X V Aassucwthatwnereasssooas: V to.s'ub.m‘i1t:a béd.tqAGENCY;fOr.;the at:z3ve:vstajt¢dTjpr;:ject;géif sadyid isjre}’ected,.Qr:ifsaid? . ; V
T bid: ajnqa;¢0hf;fact.iSawarded'afr¥?d.‘e31teredii§§t@ by _B¥E}DERJ!i_h?mang;¢::and;; ; ‘time*sp§Qi?gd-gthen.:1h§s-;:;)blig,ati_Qn sit-a¥l‘Vbg',: h'§1_l§§Ea;n? Avo'5d,i:othem§se,i{shaiizre?tain infu-{l=' Af0r<:{€e ’€_i_!_‘_t('5 §fEe¢f?in.faVUr:§f ;; ' ' 33533 I - -3 '
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.N.‘i’t3’Y;Pi1blic - California

5. SanBefmardino County- 1:C°r'1m:i;sm:n# 2.346755—
- .YC0If1m._£xpITe;5Feb 13, 2025
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iiliiiP°Wi"*i"i*a’ilr"i7»[email protected]?,?iii‘«iii‘i;iii“ iiiii ii|i'““ llii“ii’l’ iliiii iii iiiiiiiliiii. iIl"’
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“HH" N PRESENTS: That We's"tl‘¥3}"p‘i‘}i'!‘Natir“.L'i!iiiia MiJti';ia'lngurance Company, a Minnesota‘! " "ny! hdoes
I !l|
"" ake, constitute, and appoint: Patricia Zenizo, Pletrcimlcclche, Manuel Reguerra, and Elisabete Salazar ”" Preferred Bonding Services (#9760) its true and lawful Attomey(s)-in-Fact, withfullpower and authority for and on behalfof the Company as surety, to execute and deliver and affixthe seal of the Comiagzryetltmtog?al is required) bgnd. undertakingsreoogmzaaceeaolaetgerwrittenobligations in the_nature theteog? . as follows:

Allwritten instruments inan amount not to exceed an aggregate of Seven MillionFiveHundredThousand and 00/100 7 500 000.00 for any single obligation, regardless of the number of instruments issued for the obligation. ,,,,, . ,
, ~.i ii» llili‘ii|“!i|i'li»; ii iii “ ilii,. . , ». I"|"“|' iii l|li} i'i|'l"‘
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u3P§[i:iri§‘riiiti:?
iiaii’§'iiH"$i'tiHii§i"’"I
' ‘,lIiiiiii‘.,owe“ iA{ttorneyis signed and sealed by facsimilewider adbi‘by”theauthorityof the following resolutions aw-,ptedMy'i"th' e"
boardofdirectors of
Western National Mutualinsurance Company on September 28, 2010:

RESOLVED that the president, any vice president. or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents withauthority as defined or limitedinthe instrument evidencing the appointment in each case, for and on behalf gt the company to execute and deliver and affix the sealof tbe__Companyto bonds.undertakings, recognizargzestaad; 7 ‘ 0 Ell kinds, and sgieao?icergnjayiemoveeae > gay-in-fact or aggagand re;ogag%@@Eo§An §?E“S?VE_‘D FURTHER that any bond, un _ing,fecognizance, orsuretyshipiobligation shall be and i? ufonthe Ccnnpan (i) when signed by the president, any vice president or assistant vice president, and attested and seal? (ifa seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president,secretary or assistant secretary, and countersigned and sealed (ifa seal be required) by a duly authorized attorney-in-fact or agent; or ,!’|Il|, i
ii
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H w R n, u y» xe«tit ii‘clsealed (if a sealbe required)by,oqeormoireattorneys-in-fact or agentspursuant to andw‘._,i t_e,I' itsq illflli by the P0we“il~i}\ttorne%- I;5"_x]h‘e“dlii‘by‘ ill,Qmpanytbisulch person orpé??dns. <1i:i?!,.|,|,| I‘w|
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iii,ll so iv-is fir itthat the signatureiofiHHlyautli)t;3‘r,i.'?e‘d offii‘: la , |;@‘l1llla1ffix‘“i;§ ,M‘y|
,,c i. mettoia‘‘‘'‘ of Attorney or certificationthereof authorizingiiit Power E ‘ ,, , ridthesealof the company m ‘e execution and delivery of any bond, undertaking, req_ ‘inizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed.

INWITNESSWHEREOF, Western NationalMutualinsurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixedthis 16th day of December , 2020.

Um W V 1".Jom||RJ|Heiu@s¢E|¥;Secretary WW I” M V
V Larry"/wit. Byers,Sr.Vit‘
:e
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llllliiilllf i*“iiiiiiiiillil’“iiiiWiii« «iiiH v““EP'N iiiiii iiii:iiiiiill*il: l liiii:..ii| ii:ii"i*iiiiiiii'
iliiii iliillii
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iilii ‘til ll ii.iiiii. llililliil‘ l.ii»iii -iiiill, ii I liiinbn this 16th day of December 2020, persdhallycame before me, Jon R. Hebeisen and Larry A.Bl}itsan to me known to be the individualsand officers ofthe Westem NationalMutualInsurance Company whoexecuted the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixedto the above instrumentisthe seal of the corporation, and thatsaid corporate seal and their signatures as such officerswere duly affixed andéulg ‘godte&siaid instrument by the authority of the ‘ f said corporation.

J
3 EERA:
’N%ARY FHBLIC’ Z
,: ?’iiimNEsoTA ' MyCommissionExpims01I3iI2026 JenniferA.Young,NotaryT'ub|lc Mycommission expires Janua 31 2026
CERTIFICATE , ., ,i,-i , pi: i'ii;i.,lil"iiii.llii"ii , , iliii‘lllllli iliiii _ ,-.l..,,, _ , , “i ,iiiIe'iiii !E!| i'j,.,,
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iiiiiiliilmK|%,f§"itiiiii?iilE?ri?'vL3ii%ii
%.i'3i.%rei?éinif.ii‘?uii§?§
%'Z?iaii§L‘5HaiiELen3lTéte£°i§§?
ill orth in the Power of Attorney, are nowin force. il“ Ii ii ‘ I»-
MNthis75 ?anéar? 297.7.
(Hmm ~ 5
* A ~ WIHJHH MINllm.
(other than
bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Instaiiment paper and not guaranty e
bonds, seif-insurance workers compensation bonds guaranteeing payment of bene?ts. hazardous waste remediation bonds or black lung bonds),

IEDGMEKT
,>. CIVILCODE § ‘H89
VH4 *8 . Ii . 'o\l'a.-f»;‘~$.<-:‘-‘.2; .' -:r:' .. ~31. G‘-£I..l¥0B?lA ALL-PURPOSEA¢K?OWL A notary pubiicor other officercompleting this ceriificate verifies oniythe identityof the in?ividuafwho signed the document:0 whichthis certificateis attached,and not the tmthfuléness, accuracy,or vaiidityofthat docmzent.

State of California - }
County of _Los Angglgg )
on hero;-e me, E|isab__e_’r§:__§§|azar,Nota Public ____ , Dare Here insert Name and Titfeof the Officer Namefs) of Signeds)
who proved to me on the basis of satisfactory evidence to be the persona) whose name? is/db subscribed to the within instrument and acknowledged to me that he/Xbéxb?? executed the same in his/}v(eQ«x)exauthorized capacityeé?, and that by his/Xéw?iéxsignaiuroczo on the instrument the personm, or the entity upon behah‘ of which the personog) acted, executed the instrument. ’ I certify under PENALTYOF PERJURY under the iaws
of the State of Caiifornia that the foregoing paragraph is true and correct.

WITNESSmy hand and official
IVNN
1 MyComm.ExpiresJan 19, 2025 Signature
are of otary ublic
Piaoe Notary Seaf Above

OPTIDIJAL
Though this section is optional, completing this information can deter alteration of the document or frauduient ree?aohmeni of this form to an unintended document.

Description of Attached Document
Titie or ?y;3e of Document: Document Date:

Number of Pages: Signer(s) other Than Named Above:

Capacityties) Claimed by Sigma:-(s)
Signer‘s Name: Signer’s Name:

CiCorporate Officer — Titlefs}: Corporate Officer ~—~ Ttleis):
,,___W_W_ Partner — Limited ;"_iGeneral Partner — Limited F Genera! Clfndividuai E.’Attorney in Fact ii} individuai ii?ji?dtomeyin Fact L] Trustee K Guardianor Conservator Trustee Guardian or Conservator ESL]Other: Other: _w__, Signer is Representing: Signer is Representing:
@291 4 NationaiNotaryAssocsation- www,Nat:ona1Notary.org- ‘E-800~USNOTARY(1-8~?O-876»-682 Item #597

ELISABETE SALAZA
NotaryPublicR- Californi
LosAngelesCounty a Commission# 234251
\.’).é;‘2o22_

NON-COLLUSION

COUNTYOF
, being ?rst duly sworn deposes and
says th t he is
(Sole O ner,Partner, President, etc.)
of the party making the foregoing
bid; that uch bid is not made the inte st of or behalf of any undisclosed person, partnership, company, association, organization, or corporation, that such bid is genuine and not collusive or sham, that said BIDDERhas not directly or indirectly induced or solicited any other bidder to put in a sham bid, or that anyone shall refrain from bidding, that said BIDDERhas not in any manner, directly or indirectly sought by agreements, communication, or conference with anyone to ?x the bid price of said BIDDERor of any other bidder, or to ?x the overhead, pro?t, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true, and further, that said BIDDERhas not, directly or indirectly submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and willnot pay any fee in connection, organization, bid depository, or to any member or persons as have a partnership or other ?nancial interest with said BIDDER in his general business.

Signed
Title
Subscribed and sworn to fore me
this ‘___ day of ,
Seal of Notary:
otary Public
P-9

STATE OF CALIFORNI

Mo
_J4jx4T_
H ?x!nv
C“1l.$IQix \(l/1\/+
; : ..:nqr-.r:‘::L:u.1'~*.. :-.,;..c.ur:-1»-.-:2: 3.: ;n.m.-—~.—.n; :~r ; 7;-.:rr ':1 -» -,-«~.:-m.:~ L::‘ z-‘.»;, CALIFORNIA JURAT GOVERNMENT CODE § 8202
A notary nubiicor otherof?cer completingthis certi?cateverifies only the identityof the individualwho signed the documentto whichthis certi?cate is attached, and not the truthfulness, accuracy, or validity of that document. (1
(and (2)
Signature Place Notary Seal and/or Stamp Above ' ature of Notary Public Name(s) of Signer(s)
proved to me the basis satisfactory evidence to
be the perso (5)who appear d before me. F‘vmCin)>Z
V
.-ov. IF71 CC! 3
Notary Public — California . 2 San Bernardino County _
§
_ Commission .-‘}‘2346755
‘> My Comm. Expires Feb 13, 2025
Subscribed and sworn to (or af?rme?) before me on
this day of 20 by
Date Month Year
L) Q
0 ©2019 National Notary Association

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of thisi'formto an unintended document.

Description of Attached ‘Document
Title oi’ Type of Document:

DocumentDate:

Signer(s) Other Than Named Above:

Number of Pages:

Stateof Californi
County of

00 da/000 do
$29M06 26/000, 00
2&1/,7lZ.

BRONCO LANEWATERLINEPROJECT
UNIT DESCRIPTION or ITEMSWITH "EM °”A”T'TY “N” UNITPRICE WRITTENINWORDS Elg??égT°TA" Mobilization for Project in accordance
with Speci?cations at (Max 3% of Total
1 1 Ls Base Bid) $ Z iggglg?? Qa??/V,l
Per Lump Sum
Traf?c Control Plans &Construction
Devices (Includes Engineered Traf?c
Control Plan) at

2. 1 L8 [4913‘; ;_-?ggga?g Q(gg[2QfJ $ $
Per Lump Sum
Water PollutionControl Compliance
(IncludesEngineered LUP) at

3. 1 LS Eh%m (‘W
$/5/moo $ /5,000, "°
Per Lump Sum
Install 8” DIP Class 350 Waterline per
plans (including trench street cut,
excavation, bedding, aggregate base,
backfill, asphalt, chlorinationtesting,
?ushing, hydrostatic testing including as all appurtenances, testing plates, blow s, ports, etc. Per Std. Specs) at

11.: [Md
Per Linear Foot
_—————.—-—..:—...—:.

4. 3,478 L.F.

Install new 1”water service lateral per
C.O.N. Std. plan 410 (including trench
street cut, excavation, aggregate base,
bedding & backfill and asphalt per City _ 5' 75 EA of Norco STD) at $oQl3?0M $ [Q31gm * 06 _dgZaLLPer Each
P-10

3200‘do 3900, 00
I60 8 824.. ‘’°
‘O60 7900 0,,
3a9(0:‘) 3000, do
00 980.do . ‘?Za_ o
UNIT

PRICE IN TOTAL

FIGURES

DESCRIPTION OF ITEMSWITH

UNITPRICE WRITTENINWORDS
Abandon in Place ExistingWaterline
per City of Norco STD’s at
0 ./ ?kty $3 $
‘
(Mi 5 Per Linear Foot

ITEM QUANTITY UNIT

6. 3,530 L.F.

Construct 10" Spool & Flex Coupling
Adaptor at
Install 1" Combination AirRelease
Valve Assembly Per City of Norco Std.

Plan No. 442 at
Per Each
Install Clean Sand Cushion with an SE
of 30 and with a Minimumof 6”
Between Existing utilityand Proposed

10. 10 EA Water Line Per Plans at $ $
?ma_
Per Each
Remove and Dispose of Existing Valve
(Si e per Plan) at

11. 13 EA 92,3Zjggdggl 43311440 $ $
Per Each
Reconstruct Existing Sewer Lateral
Per House Connection Remodeling
SSPWC Standard Plan 223-2 Field

12. 29 EA Verify Connection, AssumeCase-E $ $
9 r r
PerE ch
P-11

00 3(po0. oo
méad gqgo, 00 /26720, 0°
350' oo /g2O( do
7fo 0a
Z‘/.90 oo
' do
Jo
350 at 2 90?06 Zcpaa,0°

ITEM QUANTITY UNIT

13. 14.

15. 16.

17. 18.

19. 14 EA
EA

DESCRIPTION OF ITEMSWITH

UNITPRICE WRITTEN INWORDS
InstallNew Std. Fire Hydrant Per
C.O.N. Std. plan 430 at
Per Each
Remove Existing Fire Hydrant &
Appurtenances (Includes Blue
Pavement Marker) at
FW ggmzzzad ??mi
Per Each
Install 8" Gate Valve w/ Standard
Valve Box Assembly Per C.O.N. Std.

Plan 470 at EA Q EE :

EA
EA
.,Qé_ Per Each
Install 10” Gate Valve w/ Standard
Valve BoxAssembly Per C.O.N. Std.

Plan 470 at En’ Per Each
Insta I8”x8”x8”D.I. Class 350 Tee w/
Restrained Joints at
J‘
PrE
Install8” 45 Degree D.|. FittingWI
Restrained Joints Class350 at
EA ,..» er ch
EA
Install 8” 11.25 Degree D.I. FittingWI
Restrained Joints (size per plan) Class
Each
UNIT

PRICE IN TOTAL

FIGURES
$ $
$ 400 $
$ ; 7&0’o o
$ $
$ $
$ $
$ $

6244/ $490’do
3%, ad Za$l0_do

ITEM QUANTITY UNIT

20. 22.

23. EA
EA
EA
L.F.

DESCRIPTION OF ITEMSWITH

UNITPRICE WRITTENINWORDS
Install ductile iron CL250 ?ange by MJ
Red_ucer(8"x12") at
6 he
Per Each
Installductile iron CL250 ?ange by MJ
Reducer (10"x8”) at
‘ . rad,
gg5%"~ 4
¢tega¢= PerEach
Remove and Dispose Existing CML&C
10”x6”Reducer, 45 Degree Fitting,
and Thrust Blockat
£__
Qggg?g Per Each
Remove interfering Portions of 6”
Water Line& InstallConcrete Plug (12
inch min) at
dg Q?gg g
Per LF
Per
UNIT

PRICE IN TOTAL

FIGURES
$ 2000.0‘
/0‘?3 O0
1 $ ¥oa0, M

25. 26. 35
Remove and Dispose of Existing
10”x10”x6”Tee &Thrust Block at
EA $
Each
Remove and Dispose of Existing
6”x6"x6”Tee, 12”x6”Reducer &Thrust
Block at EA
9 J -</We $ZZ(J0. J0 $ ZZJQM 5&3: xii Per Each
Remove and Replace Existing Cross
Gutter to Nearest Cold Joint Per City
of Norco Std. Drawing 225. Joint
L.F. ExistingGutter Per Plans at $ $
cAg%a ¢,w9gz+¢¢@
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INWITNESS WHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this day of ,Zo ZZ.

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AGENCY acknowledges that this proposal was received and opened at the time and in the place speci?ed, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.

Subscribed and sworn to this day of
Title
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NOTARY

GOVERNMENT CODE § 8202
A notary public or other of?cer 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 validity of that document.

CALIFORNIA JURAT
this day of
Date
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Place Notary Seal and/or Stamp Above ignature of Notary Public

SUSANNAHEBERT
Notary Public — California
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©2019 National Notary Association
Description of Attached Document
Title or Type of Document:

Document Date:

OPTIONAL
Completing this information can,deter alteration of the document or fraudulent reattachment of this"‘formto an unintended document.

Number of Pages:

Signer(s) Other Than Named Above:

Signature
(and (2)
State of California
Subscribed and sworn to (or af?rmed) before me on
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CITY OF NORCO

BRONCO LANE WATERLINE PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 16th day of February, 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 Tryco General Engineering, a corporation with its principal place of business at P.O. Box 391, Rimforest, CA 92378 (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 Bronco Lane Waterline Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing waterline 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 Bronco Lane Waterline 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 45 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 Try Kirtley– 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

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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 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:

Tryco General Engineering
PO Box 391
Rimforest, CA 92378
Attention: Try Kirtley, 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: Tryco General Engineering
*By:
__________________________
Signature
Try Kirtley, 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 Bronco Lane Waterline 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 construction of installing approximately 3,465 linear feet of new 8” Ductile Iron (DI) waterline within the entire length of Bronco Lane between Corydon Ave and the terminus of Bronco Lane.

This proposed waterline will replace the existing 6” water main within this reach on Bronco Lane. Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work 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:

BRONCO LANE WATERLINE PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of construction of installing approximately 3,465 linear feet of new 8” Ductile Iron (DI) waterline within the entire length of Bronco Lane between Corydon Ave and the terminus of Bronco Lane. This proposed waterline will replace the existing 6” water main within this reach on Bronco Lane.

Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work 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

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

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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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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:

BRONCO LANE WATERLINE PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of construction of installing approximately 3,465 linear feet of new 8” Ductile Iron (DI) waterline within the entire length of Bronco Lane between Corydon Ave and the terminus of Bronco Lane. This proposed waterline will replace the existing 6” water main within this reach on Bronco Lane.

Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work 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

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in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as 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-Fac

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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 )

CA-22
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:

BRONCO LANE WATERLINE PROJECT
The general items of work to be done hereunder consist of:

The general items of work to be done hereunder consist of construction of installing approximately 3,465 linear feet of new 8” Ductile Iron (DI) waterline within the entire length of Bronco Lane between Corydon Ave and the terminus of Bronco Lane. This proposed waterline will replace the existing 6” water main within this reach on Bronco Lane.

Construction of waterline shall include the water main, fire hydrants, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances and related work 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

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(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

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

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

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

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

CA-26
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-27

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: _____________________________________

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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

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

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

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

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

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

CA-32

CA-33

CA-34

CA-35

City Council

STAFF REPORT
Date: February 16, 2022 Agenda Item:

2.I.

To: Honorable Mayor and City Council Members
Prepared By: Kelli Newton, Communications Manager
Department: Administration
SUBJECT:

New Observance Request: Red Cross Month
RECOMMENDATION:

Approve the subcommittee's recommendation to recognize Red Cross Month SUMMARY:

The American Red Cross Riverside County Chapter has requested that the City of Norco proclaim March as Red Cross Month. This observance is not on the approved list of observances, therefore, it requires subcommittee review and City Council consideration.

BACKGROUND:

In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests and instructed staff to present new observance requests for consideration at the second meeting of the month.
• Step 1: Subcommittee reviews request and makes recommendation to staff • Step 2: City Council determines if the request and recommendation should be approved, denied or amended
New Observance Request
The American Red Cross Riverside County Chapter has requested that the City of Norco proclaim March as Red Cross Month (Exhibit C). This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.

Subcommittee Recommendation
The City Council Subcommittee, consisting of Mayor Pro Tem Robin Grundmeyer and Council Member Katherine Aleman, recommends that Red Cross Month be added to the Pre-Approved Observance List and be recognized by proclamation. All observance options, including category and manner of recognition, are noted in the chart below. The subcommittee's recommendations are indicated by the "X".

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

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

FISCAL IMPACT:

There is no fiscal impact.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #2 - Engage with the community through excellent customer service, communication and programs.

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):

Exhibit A
Exhibit B
Exhibit C

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 01-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Lunar New Year 01-Feb X
National Random Acts of Kindness Day 17-Feb X
Presidents Day Third Monday X X X
National California Day 22-Feb X
Black History Month Month X X X
Daylight Saving Time Second Sunday X
National Vietnam War Veterans Day 29-Mar X
Cesar Chavez Day 31-Mar X
National Women’s History Month Month X X
Ramadan Begins Changes X X
George Alan Ingalls Day 16-Apr X X X X
Rose M. Eldridge Day 16-Apr X X X X
Passover Begins Changes X X
Easter Changes X X X X
National Volunteer Month Month X X
Creation of the Norco Township 13-May
Mother’s Day Second Sunday in May X
Memorial Day Last Monday in May X X X X X
Asian American and Pacific Islander Heritage Month Month X X X National Preservation Month Month X X
National Trails Day First Saturday in June X
National Flag Day 14-Jun X
Juneteenth 19-Jun X
Father’s Day Third Sunday in June X
LGBTQIA Pride Month Month X X X
Independence Day 04-Jul X X X X X
National Day of the Cowboy Fourth Saturday in July X X X X Parks Make Life Better Month Month X X X X X
National Night Out Day First Tuesday in August X X X X X National Nonprofit Day 17-Aug X
Labor Day First Monday in September X X X
Patriot Day 11-Sep X X X X
National POW/MIA Recognition Day Third Friday in September X X X X National CleanUp Day Third Saturday In September X X X X National Gold Star Mother’s & Families Day Last Sunday in September X EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
May

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
National Voter Registration Day Fourth Tuesday in September X Hispanic Heritage Month September 15 to October 15 X X X National Preparedness Month Month X X X
National First Responders Day 28-Oct X
Halloween 31-Oct X X X X
National Fire Prevention Month Month X X X
Day of the Dead 02-Nov X X X X
Daylight Saving Time Ends First Sunday in November X
Election Day Tuesday after first Monday X X X
Diwali Changes X X
Veterans Day 11-Nov X X X X X
Thanksgiving Day Fourth Thursday in November X X X
Small Business Saturday Saturday After Thanksgiving X
Veterans and Military Families Month Month X X X
National Native American Heritage Month Month X X X
Anniversary of the San Bernardino Terrorist Attack 02-Dec X X Christmas Eve 24-Dec X
Christmas 25-Dec X X X X X X
Norco's "Birthday" 28-Dec X
Kwanzaa December 26 – January 1 X X
Hanukkah Changes X X
December
September
October
November

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 04-Jan X
Korean American Day 13-Jan X
National Dress Up Your Pet Day 14-Jan X
National Hat Day 15-Jan X
Holocaust Remembrance Day 27-Jan X
School Choice Week Changes X
Human Trafficking Awareness Month Month X X
National Freedom Day 01-Feb X
Korean New Year 01-Feb X
National Girls and Women in Sports Day 02-Feb X
National Boy Scouts Day 08-Feb X
Valentines Day 14-Feb X
National Love Your Pet Day 20-Feb X
Super Bowl Sunday First Sunday X
Spay/Neuter Awareness Month Month X X
National Horse Protection Day 01-Mar X
National Read Across America Day 02-Mar X
National Girl Scout Day 12-Mar X
St. Patrick’s Day 17-Mar X
Anniversary of the First Organized Wheelchair Basketball Game 18-Mar X National Medal of Honor Day 25-Mar X
National Take a Walk in the Park Day 30-Mar X
National Earth Day 22-Apr X
National Picnic Day 23-Apr X
National Arbor Day Last Friday in April X
National Adopt a Shelter Pet Day 30-Apr X
Donate Life Month Month X X
National Star Wars Day 04-May X
Cinco de Mayo 05-May X
National Day of Prayer First Thursday in May X
National Military Spouse Appreciation Day Friday Before Mother’s Day X Kentucky Derby Day First Saturday in May X
National Fitness Day First Saturday in May X
Peace Officers Memorial Day 15-May X
National Senior Health and Fitness Day 25-May X
National Armed Forces Day Third Saturday in May X
Small Business Week First Week in May X
National Police Week Week of May 15th X
National Military Appreciation Month Month X X X
National Wild Fire Awareness Month Month X X X
National Pet Month Month X X
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
March
May
January
April

Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National Drive-In Movie Day 06-Jun X X X X
D-Day 06-Jun X
Social Media Day 30-Jun X
National Safety Month Month X X X
Hop-a-Park Day First Saturday in July X
National I Love Horses Day 15-Jul X
August National Senior Citizens Day 21-Aug X
September N/A
National Coffee with a Cop Day 06-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X Great ShakeOut Third Thursday in October X
National Make A Difference Day Fourth Saturday in October X National Civics Day 27-Oct X X
National Fire Prevention Week Week of October 9 X X
National Take A Hike Day 17-Nov X
National Day of Giving Tuesday after Thanksgiving X
National Pearl Harbor Remembrance Day 07-Dec X
National App Day 11-Dec X
July
October
November
December
June

City Council

STAFF REPORT
Date: February 16, 2022 Agenda Item:

2.J.

To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: City Council
SUBJECT:

California Water and Wastewater Arrearage Payment Program Grant RECOMMENDATION:

Adopt Resolution No. 2022-11, for the California Water and Wastewater Arrearage Payment Program Grant to:

1. Authorize the Finance Director to apply for, receive moneys from the State Water Resources Control Board and accept the California Water and Wastewater Arrearage Payment Program Grant;

2. Authorize the Finance Director to waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period, from March 4, 2020, through June 15, 2021, in their entirety; and

3. Direct the Finance Director to apply all program funding received to delinquent water and wastewater utility accounts that had water and wastewater utility arrearages incurred during the COVID-19 pandemic relief period and complete all other program requirements as specified in the program guidelines.

SUMMARY:

On September 21, 2021, the Governor signed into law SB 155 (California Health and Safety Code 116773.4) which directed the State Water Resources Control Board (SWB) to create the California Water and Wastewater Arrearage Payment Program (Program) and issue guidelines for the program. These grant funds are to be used to provide relief to community water and wastewater systems for unpaid bills related to the pandemic.

BACKGROUND:

The COVID-19 pandemic has made it difficult for many Californians to pay their bills due to job loss and other hardships. As a result, systems that provide water and wastewater services to customers have been financially impacted. On September 21, 2021, the Governor signed into law SB 155 (California Health and Safety Code 116773.4) which directed the State Water Resources Control Board (SWB) to create the California Water

and Wastewater Arrearage Payment Program (Program) and issue guidelines for the program.

The SWB created the Program with $985 million in federal funding from the American Rescue Plan Act (ARPA) of 2021, as allocated by the state legislature. These grant funds are to be used to provide relief to community water systems for unpaid bills related to the pandemic. The Program will be administered by the SWB and utilize grant funds to make direct payments to community water systems to cover customer arrearages, or past due bills, resulting from the COVID-19 pandemic emergency.

The program initially prioritized water residential and commercial arrearages (see Attachment A). The State Water Board adopted amendments to the Guidelines at it's January 19, 2022 Board Meeting to incorporate the wastewater arrearages to the program (see Attachment B). Funding to community water and wastewater systems will be disbursed for water and wastewater residential and commercial arrearages. To be eligible for the program, an agency must be a community water and wastewater system that accrued residential and commercial customer arrearages between March 4, 2020, and June 15, 2021.

To apply, the City must complete and submit a water and wastewater application and agree to the following program requirements:
• Waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety;
• Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
• Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
• Offer to enroll customers with remaining debt into a payment plan by direct notification to each customer;
• Allow customers 30 days to enroll in a payment plan;
• Not discontinue water service until the customer defaults on the payment plan or misses the deadline to enroll in the payment plan;
• Not discontinue water service prior to the date established in Health & Safety Code Section 116733.4 (e)(2)(A);
• Comply with all terms and conditions of payment; and
• Report on expenditures and customer credits.

Because the funding amount allocated through ARPA is sufficient to cover the full statewide water arrearage need plus requested administrative costs, the State Water Board will provide water systems with 100 percent of their requested amounts (arrearages plus administrative costs). Staff estimates this could potentially impact the City’s Water and Sewer Funds by paying off approximately $190,000 in water delinquencies and will assist approximately 459 water utility customers and approximately $100,000 in wastewater delinquencies and will assist approximately 456 sewer utility customers.

Penalties are only required to be waived for those customers that still have delinquent water and wastewater charges from the COVID-19 pandemic relief period. Additionally, the allocation the City receives will include a three percent administrative fee to cover staff time costs related to the administration of the program.

This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§15000, et seq.).

FISCAL IMPACT:

Staff estimates this could potentially impact the City’s Water and Sewer Funds by paying off approximately $190,000 in water delinquencies and will assist approximately 459 water utility customers and approximately $100,000 in wastewater delinquencies and will assist approximately 456 sewer utility customers. Penalties are only required to be waived for those customers that still have delinquent water and wastewater charges from the COVID-19 pandemic relief period. This would result in an estimated $373,000 waived penalties. Additionally, the allocation the City receives will include a three percent administrative fee to cover staff time costs related to the administration of the program.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Directive #3 - 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):

Exhibit A
Exhibit B
Resolution 2022-11

CALIFORNIA WATER AND WASTEWATER

ARREARAGE PAYMENT PROGRAM
GUIDELINES: WATER ARREARAGES
Adopted
September 21, 2021

EXHIBIT A

1 September 21, 2021
Table of Contents
INTRODUCTION........................................................................... 3 DEFINITIONS ............................................................................... 3 SECTION A: ELIGIBILITY............................................................ 6 SECTION B: PROGRAM REQUIREMENTS................................ 6 B.1 REQUIREMENT FOR ALL COMMUNITY WATER SYSTEMS–REGARDLESS OF PARTICIPATION IN THE PROGRAM ................................................................ 7 SECTION C: PROPORTIONAL ALLOCATION OF FUNDS TO
COMMUNITY WATER SYSTEMS................................................ 7 C.1 PURPOSE AND OVERVIEW............................................................................. 7 C.2 TOTAL STATEWIDE WATER NEED................................................................. 7 C.3 METHODOLOGY TO ESTABLISH PROPORTIONAL ALLOCATION................ 8 SECTION D: APPLICATION REQUIREMENTS .......................... 8 D.1 SMALL COMMUNITY WATER SYSTEMS ........................................................ 9 D.2 LARGE COMMUNITY WATER SYSTEMS........................................................ 9 D.2.1 Application Process .................................................................................... 9 D.2.2 Application Review Process........................................................................ 9 D.3 COMMUNITY WATER SYSTEMS WITH COMBINED BILLING SYSTEMS . 10 D.4 LATE APPLICATIONS..................................................................................... 10 SECTION E: DISBURSEMENT PROCESS AND PRIORITY..... 10
SECTION F: WATER SYSTEM ALLOCATION TO CUSTOMERS
......................................................................................................11 F.1 ALLOCATION METHODOLOGY...................................................................... 11

2 September 21, 2021
F.1.1 Customer Bill Credits................................................................................. 11 F1.2 Debt Transferred to Third Parties ............................................................... 11 F.1.3 Late Fees .................................................................................................. 11 F.2 CUSTOMER CREDIT AND NOTIFICATION.................................................... 12 F.2.1 Notification of Customer Bill Credits .......................................................... 12 F.2.2 Payment Plans .......................................................................................... 12 F.2.3 Shut Off Prohibition ................................................................................... 13 F.2.4 Consumer Debt Reporting and Third-Party Collection............................... 13 F.2.5 Tax Information ......................................................................................... 14 F.3 RETURN OF FUNDS NOT CREDITED TO CUSTOMERS.............................. 14 SECTION G: REPORTING REQUIREMENTS........................... 14 SECTION H: WASTEWATER ARREARAGE PROGRAM ........ 15

3 September 21, 2021

INTRODUCTION
The purpose of this document is to establish the process and criteria for the allocation and administration of the funds appropriated to the State Water Resources Control Board (State Water Board) in the Fiscal Year 2021-22 Budget for the California Water and Wastewater Arrearage Payment Program: Water Arrearages (Program). The criteria include requirements associated with establishing payment plans for customers, and prohibitions on discontinuation of service for water systems participating in the Program.The funding source for the Program is the American Rescue Plan Act (ARPA) of 2021. Any federal requirements associated with the funding source may be requirements of the Program. The State Water Board will notify water systems’ administrative contacts via email if any requirements change during Program implementation and correspondingly post changes to its website.

The Deputy Director of the Division of Financial Assistance (DFA) and the Deputy Director of the Division of Drinking Water (DDW) may make clarifying, non-substantive amendments to these Guidelines. Future changes to these Guidelines may be necessary due to changes in law or in State Water Board policy. If substantive changes are necessary, amendments to the Guidelines will be considered by the State Water Board.

DEFINITIONS
Arrearage – amount of money owed to a water system from nonpayment of residential and commercial accounts that accrued from completed billing periods during the COVID-19 pandemic bill relief period. Arrearage does not include late fees and interest on outstanding balances.

Community water system – a system described and regulated under the Safe Drinking Water Act (commencing with section 116270 of the Health and Safety Code):
a public water system that serves at least 15 service connections used by permanent residents or regularly serves at least 25 permanent residents of the area served by the system. (Health & Saf. Code, § 116275, subd. (i).)
Commercial customer – a water system customer or connection that serves a commercial/institutional customers e.g., hotels, motels, restaurants, office buildings, government and military facilities, gas stations, hospitals, educational institutions, retail establishments, dormitories, nursing homes, churches, jails, prisons, mental health facilities, addiction recovery centers, farmworker housing, and campgrounds.

Commercial customer does not include industrial (manufacturing, chemical, refineries, cooling towers, animal & food processing, etc.); agriculture irrigation (crops, aquaculture, etc.); or landscape irrigation (parks, golf courses, etc.).

4 September 21, 2021
COVID-19 pandemic bill relief period – the period from March 4, 2020, to June 15, 2021, inclusive, and includes any customer billing period that includes these dates.

Customer notification – a written notification to residential and commercial water system customers or connections of the amount of debt/arrearage bill credit providedby the Program. Notification must acknowledge the source of funds from the State.

Notification language will be provided at a later date.

Default – either of the following:
· A customer’s failure to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 days or more;
· A customer’s failure to pay current residential service charges for 60 days or more from its due date, regardless of whether the customer is subject to an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges.

Disadvantaged Community (DAC) – a community with an annual median household income that is less than 80 percent of the statewide annual median household income. .(Wat. Code, § 79505.5.)
Large community water system – a community water system that serves more than 3,300 connections or a yearlong population of more than 10,000 persons.

Past-due bills – customer water bills that are 60 days or more past due and includes both active and inactive accounts and accounts that have payment plans or payment arrangements.

Payment plan – a plan for deferred or reduced payment including, but not limited to minimum payments, alternate payment schedules, or amortization of unpaid balances.

The payment plan should allow 12 or more months for repayment of outstanding balances.

Residential customer – water service customers, including groundwater well owners charged for water in managed basins, residing in single-family residences,multifamily residences, mobile homes, including, but not limited to, mobile homes in mobile home parks, or farmworker housing that receive a bill for water service.

Small community water system – a community water system as defined above that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons. (Health and Saf. Code, § 116275, subd. (z).) State – the State of California.

5 September 21, 2021
Wastewater treatment provider – city, county, special district, or joint powers authority that provides wastewater collection, treatment or disposal services through a publicly owned treatment works. (Health & Saf. Code, § 116773.2 subd. (g).) Water enterprise revenue shortfall – water service revenue decrease accrued as a difference between a water system’s 2019 fiscal or calendar year and its 2020 fiscal or calendar year as a result of the COVID-19 pandemic.

Water shutoff – discontinuation of water service for nonpayment.

6 September 21, 2021
SECTION A: ELIGIBILITY
The following are eligible for funding:
· Community water systems that accrued residential and commercial customer arrearages during the COVID-19 pandemic bill relief period are eligible for the Program.This includes community water systems that transferred arrearage debt to a third-party such as a county under a Teeter Plan or a debt collection entity. · Community water systems that collect eligible customer revenue through property tax rolls are also eligible if they are able to identify drinking water arrearages and can directly credit customers’ accounts. · Community water systems that accrued residential and commercial customer arrearages during the COVID-19 pandemic bill relief period and used a customer assistance program for that arrearage.

SECTION B: PROGRAM REQUIREMENTS
Water systems that participate in the Program must:
· Waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety;
· Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
· Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
· Offer to enroll customers with remaining debt into a payment plan by direct notification to each customer;
· Allow customers 30 days to enroll in a payment plan;
· Not discontinue water service until the customer defaults on the payment plan or misses the deadline to enroll in the payment plan;
· Not discontinue water service prior to the date established in 116733.4 (e)(2)(A); · Comply with all terms and conditions of payment; and
· Report on expenditures and customer credits.

More detail on Program requirements is provided below.

Participating water systems that do not comply with Program requirements may be subject to enforcement actions by the Division of Drinking Water and may be required to return moneys to the State Water Board.

7 September 21, 2021
B.1 REQUIREMENT FOR ALL COMMUNITY WATER SYSTEMS –

REGARDLESS OF PARTICIPATION IN THE PROGRAM
All community water systems, regardless of size or participation in the Program, must offer payment plans to customers with arrearages, pursuant to AB 148. The payment plans and their associated rules must be consistent with the Water Shutoff Protection Act established under Health and Safety Code section 116900 et seq. (Health and Safety Code, § 116773.4, subd. (e).) Associated rules include, but are not limited to, rules and practices relating to the timing and manner of notice and discontinuation of service for payment plan defaults. Community water systems that violate provisions of the Water Shutoff Protection Act may be subject to enforcement action by DDW or the Attorney General.

SECTION C: PROPORTIONAL ALLOCATION OF FUNDS TO

COMMUNITY WATER SYSTEMS
C.1 PURPOSE AND OVERVIEW
Section C of the Guidelines describes the process the State Water Board will use to establish the total statewide need and the allocation methodology. One-time payments will be made to water systems based on the allocation methodology established in this section. Community water systems receiving payments will credit customer bills in accordance with the methodology established in Section E after receiving payment from the State Water Board.

C.2 TOTAL STATEWIDE WATER NEED
The State Water Board surveyed all community water systems from August 11, 2021 through September 10, 2021 to determine accrued residential and commercial arrearages, as well as revenue loss, during the COVID-19 pandemic bill relief period (March 4, 2020 through June 15, 2021). Approximately 87% of community water systems that charge for water submitted the survey. For systems that were not able to disaggregate the arrearages for drinking water from other non-water charges on their bill, State Water Board staff used data from systems that reported all debt information to estimate drinking water arrearages for those systems.

For the 13% of community water systems that charge for water and did not respond to the survey, the State Water Board staff estimated their residential and commercial arrearages based on the average reported arrearages of systems of similar size proportionally by the proportion of reported accounts in arrears. These estimates were added to the total statewide need numbers.

8 September 21, 2021
Table 1 shows the data and calculations used to establish the total statewide need.

Table 1: Drinking Water Arrearage Survey Data Analysis
Reported Estimated Total
Community Water Systems
(2,844)
2,293 (80.6%) n/a
Community Water Systems that
Charge for Water
1,845 (86.7%) 283 (13.3%) 2,128
Total Arrearages $315,400,661 $8,324,272 $323,724,934
Residential $276,583,036 n/a
Commercial $42,817,626 n/a
Total Late Fees $16,009,161 $578,291 $16,587,992
Residential $13,008,330 n/a
Commercial $3,001,371 n/a
3% Administrative Costs* $8,031,399 $267,077 $8,298,416 TOTAL Estimated Maximum
Program Need**:
$339,441,221 $9,169,640 $348,611,342
*Not to exceed $1 million.
**This total includes the addition of late fees as they were reported in the survey, but does not mean they will be an eligible amount.

C.3 METHODOLOGY TO ESTABLISH ALLOCATION
Because the funding amount is sufficient to cover the full statewide need plus requested administrative costs, the State Water Board will provide water systems with 100 percent of their requested amounts (arrearages plus administrative costs). Water systems may update the arrearage amounts they reported in the survey as part of the application.

SECTION D: APPLICATION REQUIREMENTS
State Water Board staff sent multiple emails to water systems requesting initial documents (i.e., Payee Data Record (STD. 204)) that systems are required to provide in order to process applications and receive state funds. Technical assistance was provided to water systems that requested help in completing the documents. Systems that have not completed the initial documents MUST submit them as part of their application.

State Water Board staff will provide an application package to all eligible community water systems and begin accepting complete applications within 14 days of State Water Board adoption of these Guidelines. The applications will be accepted through the EAR or another online portal. Technical assistance will be available through the Division of Drinking Water staff, and outside providers to assist community water systems that need help completing the application.

9 September 21, 2021
The application will consist of the following forms:
· Application/disbursement form - identifying the maximum amount of funding the water system may apply for. The application form must be signed by the community water system’s authorized representative or designee. · Conditions of payment form – details the program requirements with which the authorized representative, on behalf of the system, agrees to comply.

There will be an initial 60-day application period. State Water Board staff will attempt to contact any community water system that does not apply during the initial application period and provide technical assistance with the application. State Water Board staff will also contact community water systems with incomplete applications to assist them.

D.1 SMALL COMMUNITY WATER SYSTEMS
The State Water Board will provide small community water systems with an application that identifies the amount of funding the system is eligible to receive based on the reported or estimated arrearages. Small community water systems may update their reported arrearages as part of the application. Small community water systems must upload the application, signed by the authorized representative or designee for the system, to the application portal or mail the forms to the State Water Board prior to December 6, 2021. The authorized representative, or its designee, must attest that the application is true and accurate based on the community water system’s documentation or the methodology used by the State Water Board if the community water system lacks documentation on customer arrearages or revenue shortfalls.

D.2 LARGE COMMUNITY WATER SYSTEMS
D.2.1 Application Process
State Water Board staff will notify large community water systems of the amount of funding the system is eligible to receive based on their reported arrearages. Large water systems may update their reported arrearages as part of the application. Large water systems must provide documentation from accounting or billing systems verifying the reported arrearages as part of the application. Applications must be submitted no later than December 6, 2021. The authorized representative, or its designee, must attest to the accuracy of the application material and the reported arrearages.

D.2.2 Application Review Process
State Water Board staff will verify that the reported arrearages are supported by the community water systems’ documentation. Staff may request additional information if the arrearages submitted with the application differ from those reported in the survey, or documentation is inadequate to support the amount. Technical assistance may be available for systems serving disadvantaged communities that lack supporting documentation of arrearages.

10 September 21, 2021
D.3 COMMUNITY WATER SYSTEMS WITH COMBINED BILLING

SYSTEMS
For systems that combine water with other utilities including but not limited to wastewater, stormwater, refuse, and/or energy, only the water-related portion of the arrearage is eligible for total or partial reimbursement. Community water systems with combined billing may not shut off water due to non-payment of the portion of the bill for other services that accrued during the COVID-19 pandemic relief bill period. This prohibition does not apply to debt accrued before or after the COVID-19 pandemic relief bill period.

For systems that cannot determine the proportion of the arrearage related to water service for each customer account, the water system will use an average customer approach to estimate the proportion of a system’s arrearage that is attributable to the water portion of the bill for its residential and commercial customer classes. For each customer class, the water system will first calculate the average annual bill. Next the water system will calculate the average annual water portion of the average annual customer bill. Then the average annual water portion willbe determined using the following formula:

Average Annual Percentage of Water Charge =
(Average Annual Water Charges / Total Average Annual Bill) x 100 The average annual percentage of water charge will be the percentage that is applied to the water system’s customer arrearages.

The Deputy Director of DDW is authorized to resolve any disputes regarding the estimation methodology.

D.4 LATE APPLICATIONS
The State Water Board will allow water systems that did not respond to the initial survey to complete an abbreviated survey and apply for funds. The State Water Board will also hold funds allocated to water systems that do not complete the application by December 6, 2021 until January 15, 2022. The State Water Board will contact water systems that are late with applications to assist the systems in applying. Third-party technical assistance providers will also be utilized to assist systems. State Water Board staff will post lists of systems that have not applied during the initial 60-day application period on the Program website. Community water systems that submit late surveys and applications are not guaranteed funding.

SECTION E: DISBURSEMENT PROCESS AND PRIORITY
State Water Board staff will process disbursements as soon as complete applications are received and reviewed. Staff will prioritize the timing of disbursements to small community water systems. State Water Board staff may also prioritize the timing of disbursements to community water systems serving disadvantaged communities. Staff

11 September 21, 2021
will begin disbursing funds by November 1, 2021. In order to expedite payments, checks may be sent to either the water system’s physical address or the address of the Authorized Representative, if that address is on file with DFA.

Staff will contact systems with incomplete or missing applications to assist systems and expedite payments.

SECTION F: WATER SYSTEM ALLOCATION TO CUSTOMERS
F.1 ALLOCATION
Community water systems may expend up to three percent (3%), or up to $1 million, whichever is less, for costs the system incurs in applying for assistance or complying with Program requirements. Because there are sufficient funds to cover the statewide arrearage total plus the administrative costs, system may request enough funds to cover both. System costs to apply for funds and comply with Program requirements must be documented and reported to the State Water Board. The State Water Board will provide a template for reporting administrative costs.

F1.1 Debt Transferred to Third Parties
Community water systems that have transferred their arrearages that qualify for the Program to a third party are eligible and may still apply to receive funding. Community water systems that no longer hold the arrearage debt may credit qualifying customer accounts by doing any of the following: (1) directly paying the third party to reduce or eliminate the debt; (2) refunding the credited amount to the customer; or (3) creating a positive balance for customers to apply toward future water bills. Community water systems must notify their customers of this credit and must indicate that the relief afforded by this credit should be used to pay down thedebt that was transferred to the third party.

F.1.2 Water Systems that Utilized Customer Assistance Funds Community water systems that utilized an existing customer assistance program to aid customers with qualifying arrearages may be eligible for the Program and receive payment for those arrearages previously covered by their customer assistance program.

Eligibility will be determined after consultation with the State Water Board to determine that all program requirements can be met.

F.1.3 Late Fees
Water systems must waive late fees for customers with arrearages. Late fees cannot be included in the calculation of the system’s total arrearages, or deducted from the amount to credit to customers’ bills.

12 September 21, 2021
F.2 CUSTOMER CREDIT AND NOTIFICATION
F.2.1 Notification of Customer Bill Credits
Water systems must allocate the funds as bill credits to customers within 60 days of receiving funds. Water systems may apply the credits in two installments within different tax years provided they notify the customer when the second credit will be applied and meet the requirement to remit any moneys not credited to customers within six months of receipt back to the State Water Board. Water systems must notify customers in writing of the amount credited. The acknowledgement must state that the credited amount is being provided through the California Water and Wastewater Arrearage Payment Program through funding fromthe State Water Resources Control Board using federal ARPA funds.

F.2.2 Payment Plans
Water systems must offer to enroll any residential and commercial customers with remaining balances after the credits have been applied in a payment plan. The notice offering the payment plan must provide the customer with 30 days to enroll in the plan from the date of the notice. All other provisions of Health and Safety Code section 116900 related to payment plans apply to any plans established under this Program, regardless of the size of the community water system.
· Policies and related notices must be in English and any other language spoken by 10% or more of the community water system’s customers · A formal mechanism for a customer to contest or appeal a bill must exist and must be shared with customers.
· The community water system must provide a telephone number to allow a customer to contact a system representative to discuss options for averting water shutoff for nonpayment.

Water systems must also include a referral statement in the payment plan notice that additional assistance may be available through the Low Income Household Water Assistance Program administered by the Department of Community Services and Development (CSD) and other low-income assistance programs, including a contact number for appropriate Local Service Provider(s) or other program hotline to help with enrollment in those programs.

The State Water Board recommends that water systems enter into agreements with CSD and other appropriate agencies and local service providers to share appropriate information to identify and target assistance to customers at risk of being shutoff so that eligible customers receive benefits through those and other assistance programs. The State Water Board further recommends that water systems that offer local customer assistance programs consider entering into data sharing agreements with IOUs participating in the California Alternate Rates for Energy (CARE) program to support ongoing enrollment.

13 September 21, 2021
F.2.3 Shut Off Prohibition
A community water system receiving funds from this Program due to non-payment of bills may not discontinue water service before the later of the following dates: (1) the date identified in Health and Safety Code section 116773.4 (i.e., September 30, 2021 or a later date if amended); or (2) for a customer that has been offered a payment plan, the date the customer misses the enrollment deadline for, or defaults on, the payment plan. A community water system may not discontinue water service to a customer that remains current on apayment plan. Community water systems, regardless of size, must comply with Health and Safety Code section 116908 et seq. regarding discontinuation of service.

F.2.4 Consumer Debt Reporting and Third-Party Collection The community water system must agree to not furnish information regarding arrearages for which credits have been provided to customers under this Program to any consumer reporting agency, as that term is defined at 15 U.S.C. section 1681a, subdivision (f). The system must also agree not to assign to a third party any arrearage for which a credit has been provided to a customer under this Program for purposes ofcollection.

If a water system has furnished information regarding arrearages for which credits have been provided to customers under this Program to a consumer reporting agency, as that term is defined at 15 U.S.C. section 1681a, subdivision (f), the water system agrees to, within thirty days of receiving payment:

Instruct each such consumer reporting agency to delete all information regarding the arrearages for which credits have been provided to customers under this Program; and
Cease further furnishing of information regarding the arrearages for which credits have been provided to customers under this Program to any consumer reporting agency.

If a water system has assigned arrearages for which credits have been provided to customers under this Program for purposes of collection to a third party that is not a tax agency, the water system agrees to recall the debt. If the third party at any time furnished information regarding the debt to one or more consumer reporting agencies, as that term is defined at 15 U.S.C. section 1681a, subdivision (f), the water system agrees to, within thirty days of receiving payment, require the third party to:

Instruct each such consumer reporting agency to delete all information regarding the debt; and
Cease further furnishing of information regarding the debt to any consumer reporting agency.

14 September 21, 2021
F.2.5 Tax Information
Water systems should consult with tax professionals regarding potential tax liability and reporting requirements. The State Water Board is not authorized to provide federal or state tax advice to water systems.

The State Water Board has been directed to issue a 1099-G to each community water system that receives funding. A water system’s tax liability will depend on various factors, which may include the water system’s entity status, if the water system has an offsetting loss, any other relevant factors specific to each water system, and current federal and state tax laws. Water systems should consult their own tax professional for questions about potential tax liability.

Some water systems may be subject to tax reporting requirements, including the issuance of a 1099-C or other tax form to customers who receive debt relief. Water systems must include in the notification to customers of the bill credits a statement that the bill credits may be taxable and that customers should consult with their own tax advisors regarding taxability. Water systems should also repeat this statement in a notice to credited customers in January of the next calendar year after the bill credits were allocated (i.e., the year that taxes on the allocations may be due). Water systems should consult their own tax professional for questions about tax reportingrequirements. If the State Water Board receives clarifying information regarding tax information for this Program from the Internal Revenue Service, a notice will be posted on the website and an email will be sent to all participating community water systems.

F.3 RETURN OF FUNDS NOT CREDITED TO CUSTOMERS
Water systems must remit any funds not credited to customers, or used by the water system to apply for funds and comply with Program requirements, back to the State Water Board within six months of receiving payment.

SECTION G: REPORTING REQUIREMENTS
All community water systems that receive funds must provide certification to the State Water Board that, except for authorized administrative costs, Program funds were applied as credits to customer bills to offset COVID-19 arrearages. Systems must report the total amount credited, the number of accounts credited, the number of customers enrolled in a payment plan and the number of customers that did not enroll in a payment plan. Systems must also report the amount used for administration of the Program. The State Water Board will provide a template or online portal for reporting, including a template for reporting administrative costs. The State Water Board may request the supporting documentation to validate the reported amounts. Water systems accepting funds may be audited and must retain documentation supporting the reported amounts for seven years following final reporting.

15 September 21, 2021
SECTION H: WASTEWATER ARREARAGE PROGRAM
Because the appropriated amount exceeds the Statewide Need for water system arrearages andthe total amount requested by water systems, the State Water Board will initiate a program for funding wastewater treatmentprovider arrearages and revenue shortfalls. The State Water Board will establish the wastewater arrearage program no later than February 1, 2022.

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0005

AMENDING GUIDELINES FOR THE CALIFORNIA WATER AND

WASTEWATER ARREARAGE PAYMENT PROGRAM TO ADD THE

WASTEWATER ARREARAGES PROGRAM GUIDELINES AND

DELEGATING AUTHORITY TO THE DEPUTY DIRECTOR OF THE

DIVISION OF WATER QUALITY AND THE DEPUTY DIRECTOR OF THE

DIVISION OF FINANCIAL ASSISTANCE TO ADMINISTER THE

WASTEWATER ARREARAGES PROGRAM
WHEREAS:

1. The Budget Act of 2021 (Senate Bill 129, Stats. 2021, ch. 69, § 128) appropriated $985 million to the State Water Resources Control Board (State Water Board) from the Coronavirus Fiscal Recovery Fund for payment to community water systems to forgive COVID-19 related residential and commercial customer arrearages that accrued during the COVID-19 pandemic bill relief period of March 4, 2020 through June 15, 2021 (the Water Arrearages Program). If sufficient funds remain after implementation of the Water Arrearages Program, the Budget Act of 2021 appropriates the remaining funds are appropriated for payment to wastewater treatment providers, including local government entities that are designated as the billing entity for a wastewater treatment provider, to forgive COVID-19 related customer arrearages that accrued during the COVID-19 pandemic bill relief period of March 4, 2020 through June 15, 2021 (the Wastewater Arrearages Program).

2. Chapter 4.7 (commencing with Section 116773) of part 12 of division 104 of the Health and Safety Code (the Arrearages Statute) establishes the requirements for the combined California Water and Wastewater Arrearage Payment Program

3. The State Water Board has determined that, following implementation of the Water Arrearages Program, there are sufficient funds to implement the Wastewater Arrearages Program.

4. Staff conducted five stakeholder outreach meetings in November and December of 2021 in developing the addition to the California Water and Wastewater Arrearage Payment Program Guidelines
(Guidelines) for the Wastewater Arrearages Program.

EXHIBIT B

2 5. The draft amendments to the Guidelines to add the Wastewater Arrearages Program in Appendix A of the Guidelines were released for public comment on December 17, 2021, and staff held a public workshop on January 4, 2022.

6. The amendments to the Guidelines establish the criteria and processes the State Water Board will use to administer the Wastewater Arrearages Program.

7. To promote efficiency and to expeditiously execute the Wastewater Arrearage Program, it is desirable to delegate authority to the Deputy Director of the Division of Water Quality, or designee, and the Deputy Director of the Division of Financial Assistance, or designee, to administer the Wastewater Arrearages Program, including, but not limited to, making eligibility determinations and enforcing Wastewater Arrearages Program requirements in accordance with the Arrearages Statute, and approving and issuing payments of Wastewater Arrearages Program funds.

8. The State of California is subject to federal penalties for improper use of Wastewater Arrearages Program funds, and the Arrearages Statute provides for remittance of funds improperly received or used by Wastewater Arrearages Program recipients to the State Water Board. The Department of Finance or the State Auditor may separately audit and seek recovery from Wastewater Arrearages Program recipients. It is desirable to delegate to designated staff the authority to refer appropriate cost recovery matters to the California Attorney General.

THEREFORE, BE IT RESOLVED THAT:

The State Water Board:

1. Amends the California Water and Wastewater Arrearage Payment Program Guidelines to add the Wastewater Arrearages Program Guidelines.

3 2. Authorizes the Deputy Director of the Division of Water Quality, or designee, and the Deputy Director of the Division of Financial Assistance, or designee, to administer the Wastewater Arrearages Program, including, but not limited to, making eligibility determinations, enforcing Wastewater Arrearages Program requirements in accordance with the Arrearages Statute, and approving and issuing payments of Wastewater Arrearages Program funds.

3. Authorizes the Deputy Director of the Division of Financial Assistance, with the concurrence of the Chief Counsel, to initiate processes to recover Wastewater Arrearages Program funds in appropriate cases, including, but not limited to, referring cost recovery requests to the Attorney General.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 19, 2022.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
Jeanine Townsend
Clerk to the Board

CALIFORNIA WATER AND WASTEWATER

ARREARAGE PAYMENT PROGRAM
GUIDELINES: WATER ARREARAGES
Adopted
September 21, 2021
Amended
December 7, 2021
Amended
January 19, 2022

1 January 19, 2022
Table of Contents
INTRODUCTION........................................................................... 4 DEFINITIONS ............................................................................... 4 SECTION A: ELIGIBILITY............................................................ 7 SECTION B: PROGRAM REQUIREMENTS................................ 7 B.1 REQUIREMENT FOR ALL COMMUNITY WATER SYSTEMS–REGARDLESS OF PARTICIPATION IN THE PROGRAM .......................................................... 8 SECTION C: PROPORTIONAL ALLOCATION OF FUNDS TO
COMMUNITY WATER SYSTEMS................................................ 8 C.1 PURPOSE AND OVERVIEW............................................................................. 8 C.2 TOTAL STATEWIDE WATER NEED ................................................................. 8 C.3 METHODOLOGY TO ESTABLISH PROPORTIONAL ALLOCATION................ 9 SECTION D: APPLICATION REQUIREMENTS .......................... 9 D.1 SMALL COMMUNITY WATER SYSTEMS.......................................................10 D.2 LARGE COMMUNITY WATER SYSTEMS ......................................................10 D.2.1 Application Process...................................................................................10 D.2.2 Application Review Process......................................................................10 D.3 COMMUNITY WATER SYSTEMS WITH COMBINED BILLING SYSTEMS.....11 D.4 D.4 LATE APPLICATIONS.............................................................................. 11 SECTION E: DISBURSEMENT PROCESS AND PRIORITY..... 11
SECTION F: WATER SYSTEM ALLOCATION TO CUSTOMERS
.....................................................................................................12 F.1 ALLOCATION METHODOLOGY...................................................................... 12 F.1.1 Customer Bill Credits................................................................................. 12

2 January 19, 2022
F1.2 Debt Transferred to Third Parties ............................................................... 12 F.1.3 Late Fees .................................................................................................. 12 F.2 CUSTOMER CREDIT AND NOTIFICATION.................................................... 13 F.2.1 Notification of Customer Bill Credits .......................................................... 13 F.2.2 Payment Plans .......................................................................................... 13 F.2.3 Shut Off Prohibition ................................................................................... 14 F.2.4 Consumer Debt Reporting and Third-Party Collection............................... 14 F.2.5 Tax Information ......................................................................................... 15 F.3 RETURN OF FUNDS NOT CREDITED TO CUSTOMERS.............................. 15 SECTION G: REPORTING REQUIREMENTS........................... 15 SECTION H: WASTEWATER ARREARAGE PROGRAM ........ 16
APPENDIX A: CALIFORNIA WATER AND WASTEWATER
ARREARAGE PAYMENT PROGRAM GUIDELINES:

WASTEWATER
SECTION 1: ELIGIBILITY ...........................................................A-1 SECTION 2: PROGRAM REQUIREMENTS ............................... A-1

2.1: Program Requirements for Wastewater Treatment Providers ........................... A-1

2.2: Program Requirements for Wastewater Billing Entities...................................... A-2 SECTION 3: PROPORTIONAL ALLOCATION OF FUNDS TO

WASTEWATER TREATMENT PROVIDERS AND WASTEWATER
BILLING ENTITIES...................................................................... A-2

3.1: Purpose and Overview....................................................................................... A-2

3.2: Total Statewide Wastewater Need and Allocation of Funds............................... A-2

3 January 19, 2022
SECTION 4: WASTEWATER APPLICATION
REQUIREMENTS ........................................................................ A-3

4.1: Application Process ........................................................................................... A-3

4.2: Application Review Process............................................................................... A-3

4.3: Wastewater Treatment Providers or Wastewater Billing Entities with Combined Billing Systems ................................................................................................... A-4

4.4: Late Applications................................................................................................ A-4 SECTION 5: DISBURSEMENT PROCESS AND PRIORITY...... A-4
SECTION 6: WASTEWATER TREATMENT PROVIDERS AND

WASTEWATER BILLING ENTITIES ALLOCATION TO
CUSTOMERS .............................................................................. A-5

6.1: Allocation ........................................................................................................... A-5

6.2: Customer Credit and Notification ....................................................................... A-6

6.3: Return of Funds Not Credited to Customers...................................................... A-7 SECTION 7: REPORTING REQUIREMENTS............................. A-7

4 January 19, 2022

INTRODUCTION
The purpose of this document is to establish the process and criteria for the allocation and administration of the funds appropriated to the State Water Resources Control Board (State Water Board) in the Fiscal Year 2021-22 Budget for the California Water and Wastewater Arrearage Payment Program (Program). The criteria include requirements associated with establishing payment plans for customers, and prohibitions on discontinuation of service for water systems participating in the Program. The funding source for the Program is the American Rescue Plan Act (ARPA) of 2021. Any federal requirements associated with the funding source may be requirements of the Program. The State Water Board will notify water systems’, wastewater treatment providers’, and wastewater billing entities’ administrative contacts via email if any requirements change during Program implementation and correspondingly post changes to its website.

The Deputy Director of the Division of Financial Assistance (DFA), the Deputy Director of the Division of Water Quality (DWQ), and the Deputy Director of the Division of Drinking Water (DDW) may make clarifying, non-substantive amendments to these Guidelines. Future changes to these Guidelines may be necessary due to changes in law or in State Water Board policy. If substantive changes are necessary, amendments to the Guidelines will be considered by the State Water Board.

DEFINITIONS
Arrearage – amount of money owed to a water system or wastewater treatment provider from nonpayment of residential and commercial accounts that accrued from completed billing periods during the COVID-19 pandemic bill relief period. Arrearage does not include late fees and interest on outstanding balances.

Community water system – a system described and regulated under the Safe Drinking Water Act (commencing with section 116270 of the Health and Safety Code):
a public water system that serves at least 15 service connections used by permanent residents or regularly serves at least 25 permanent residents of the area served by the system. (Health & Saf. Code, § 116275, subd. (i).)
Commercial customer – a water system or wastewater treatment provider customer or connection that serves a commercial/institutional customers e.g., hotels, motels, restaurants, office buildings, government and military facilities, gas stations, hospitals, educational institutions, retail establishments, dormitories, nursing homes, churches, jails, prisons, mental health facilities, addiction recovery centers, farmworker housing, and campgrounds.

Commercial customer does not include industrial (manufacturing, chemical, refineries, cooling towers, animal & food processing, etc.); agriculture irrigation (crops, aquaculture, etc.); or landscape irrigation (parks, golf courses, etc.).

5 January 19, 2022
COVID-19 pandemic bill relief period – the period from March 4, 2020, to June 15, 2021, inclusive, and includes any customer billing period that includes these dates.

Customer notification – a written notification to residential and commercial water system customers or connections of the amount of debt/arrearage bill credit provided by the Program. Notification must acknowledge the source of funds from the State.

Notification language will be provided at a later date.

Default – either of the following:
• A customer’s failure to comply with an amortization agreement, analternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 days or more;
• A customer’s failure to pay current residential service charges for 60 days or more from its due date, regardless of whether the customer is subject to an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges.

Disadvantaged Community (DAC) – a community with an annual median household income that is less than 80 percent of the statewide annual median household income. (Wat. Code, § 79505.5.)
Large community water system – a community water system that serves more than 3,300 connections or a yearlong population of more than 10,000 persons.

Past-due bills – customer water or wastewater bills that are 60 days or more past due and includes both active and inactive accounts and accounts that have payment plans or payment arrangements.

Payment plan – a plan for deferred or reduced payment including, but not limited to minimum payments, alternate payment schedules, or amortization of unpaid balances.

The payment plan should allow 12 or more months for repayment of outstanding balances.

Residential customer – water service or wastewater treatment provider customers, including groundwater well owners charged for water in managed basins, residing in single-family residences, multifamily residences, mobile homes, including, but not limited to, mobile homes in mobile home parks, or farmworker housing that receive a bill for water or wastewater service.

Small community water system – a community water system as defined above that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons. (Health and Saf. Code, § 116275, subd. (z).) State – the State of California.

6 January 19, 2022
Wastewater billing entity – a local government entity (city, county, or special district) that is the designated billing entity for a wastewater treatment provider.

Wastewater treatment provider – city, county, special district, or joint powers authority that provides wastewater collection, treatment or disposal services through a publicly owned treatment works. (Health & Saf. Code, § 116773.2 subd. (g).) Water enterprise revenue shortfall – water service revenue decrease accrued as a difference between a water system’s 2019 fiscal or calendar year and its 2020 fiscal or calendar year as a result of the COVID-19 pandemic.

Water shutoff – discontinuation of water service for nonpayment.

7 January 19, 2022
SECTION A: ELIGIBILITY
The following are eligible for funding:
• Community water systems that accrued residential and commercial customer arrearages during the COVID-19 pandemic bill relief period are eligible for the Program. This includes community water systems that transferred arrearage debt to a third-party such as a county under a Teeter Plan or a debt collection entity.
• Community water systems that collect eligible customer revenue through property tax rolls are also eligible if they are able to identify drinking water arrearages and can directly credit customers’ accounts. • Community water systems that accrued residential and commercial customer arrearages during the COVID-19 pandemic bill relief period and used a customer assistance program for that arrearage.

SECTION B: PROGRAM REQUIREMENTS
Water systems that participate in the Program must:
• Waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety;
• Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
• Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
• Offer to enroll customers with remaining debt into a payment plan by direct notification to each customer;
• Allow customers 30 days to enroll in a payment plan;
• Not discontinue water service until the customer defaults on the payment plan or misses the deadline to enroll in the payment plan;
• Not discontinue water service prior to the date established in 116773.4 (e)(2)(A); • Comply with all terms and conditions of payment; and
• Report on expenditures and customer credits.

More detail on Program requirements isprovided below.

Participating water systems that do not comply with Program requirements may be subject to enforcement actions by the Division of Drinking Water and may be required to return moneys to the State Water Board.

8 January 19, 2022
B.1 REQUIREMENT FOR ALL COMMUNITY WATER SYSTEMS –

REGARDLESS OF PARTICIPATION IN THE PROGRAM
All community water systems, regardless of size or participation in the Program, must offer payment plans to customers with arrearages, pursuant to AB 148. The payment plans and their associated rules must be consistent with the Water Shutoff Protection Act established under Health and Safety Code section 116900 et seq. (Health and Safety Code, § 116773.4, subd. (e).) Associated rules include, but are not limited to, rules and practices relating to the timing and manner of notice and discontinuation of service for payment plan defaults. Community water systems that violate provisions of the Water Shutoff Protection Act may be subject to enforcement action by DDW or the Attorney General.

SECTION C: PROPORTIONAL ALLOCATION OF FUNDS TO

COMMUNITY WATER SYSTEMS
C.1 PURPOSE AND OVERVIEW
Section C of the Guidelines describes the process the State Water Board will use to establish the total statewide need and the allocation methodology. One-time payments will be made to water systems based on the allocation methodology established in this section. Community water systems receiving payments will credit customer bills in accordance with the methodology established in Section E after receiving payment from the State Water Board.

C.2 TOTAL STATEWIDE WATER NEED
The State Water Board surveyed all community water systems from August 11, 2021 through September 10, 2021 to determine accrued residential and commercial arrearages, as well as revenue loss, during the COVID-19 pandemic bill relief period (March 4, 2020 through June 15, 2021). Approximately 87% of community water systems that charge for water submitted the survey. For systems that were not able to disaggregate the arrearages for drinking water from other non-water charges on their bill, State Water Board staff used data from systems that reported all debt information to estimate drinking water arrearages for those systems.

For the 13% of community water systems that charge for water and did not respond to the survey, the State Water Board staff estimated their residential and commercial arrearages based on the average reported arrearages of systems of similar size proportionally by the proportion of reported accounts in arrears. These estimates were added to the total statewide need numbers.

9 January 19, 2022
Table 1 shows the data and calculations used to establish the total statewide need.

Table 1: Drinking Water Arrearage Survey Data Analysis
Reported Estimated Total
Community Water Systems
(2,844)
2,293 (80.6%) n/a
Community Water Systems that
Charge for Water
1,845 (86.7%) 283 (13.3%) 2,128
Total Arrearages $315,400,661 $8,324,272 $323,724,934
Residential $276,583,036 n/a
Commercial $42,817,626 n/a
Total Late Fees $16,009,161 $578,291 $16,587,992
Residential $13,008,330 n/a
Commercial $3,001,371 n/a
3% Administrative Costs* $8,031,399 $267,077 $8,298,416 TOTAL Estimated Maximum
Program Need**:
$339,441,221 $9,169,640 $348,611,342
*Not to exceed $1 million.
**This total includes the addition of late fees as they were reported in the survey, but does not mean they will be an eligible amount.

C.3 METHODOLOGY TO ESTABLISH ALLOCATION
Because the funding amount is sufficient to cover the full statewide need plus requested administrative costs, the State Water Board will provide water systems with 100 percent of their requested amounts (arrearages plus administrative costs). Water systems may update the arrearage amounts they reported in the survey as part of the application.

SECTION D: APPLICATION REQUIREMENTS
State Water Board staff sent multiple emails to water systems requesting initial documents (i.e., Payee Data Record (STD. 204)) that systems are required to provide in order to process applications and receive state funds. Technical assistance was provided to water systems that requested help in completing the documents. Systems that have not completed the initial documents MUST submit them as part of their application.

State Water Board staff will provide an application package to all eligible community water systems and begin accepting complete applications within 14 days of State Water Board adoption of these Guidelines. The applications will be accepted through the EAR or another online portal. Technical assistance will be available through the Division of Drinking Water staff, and outside providers to assist community water systems that need help completing the application.

10 January 19, 2022
The application will consist of the following forms:
• Application/disbursement form - identifying the maximum amount of funding the water system may apply for. The application form must be signed by the community water system’s authorized representative or designee. • Conditions of payment form – details the program requirements with whichthe authorized representative, on behalf of the system, agrees to comply.

There will be an initial 60-day application period. State Water Board staff will attempt to contact any community water system that does not apply during the initial application period and provide technical assistance with the application. State Water Board staff will also contact community water systems with incomplete applications to assist them.

D.1 SMALL COMMUNITY WATER SYSTEMS
The State Water Board will provide small community water systems with an application that identifies the amount of funding the system is eligible to receive based on the reported or estimated arrearages. Small community water systems may update their reported arrearages as part of the application. Small community water systems must upload the application, signed by the authorized representative or designee for the system, to the application portal or mail the forms to the State Water Board prior to December 6, 2021. The authorized representative, or its designee, must attest that the application is true and accurate based on the community water system’s documentation or the methodology used by the State Water Board if the community water system lacks documentation on customer arrearages or revenue shortfalls.

D.2 LARGE COMMUNITY WATER SYSTEMS
D.2.1 Application Process
State Water Board staff will notify large community water systems of the amount of funding the system is eligible to receive based on their reported arrearages. Large water systems may update their reported arrearages as part of the application. Large water systems must provide documentation from accounting or billing systems verifying the reported arrearages as part of the application. Applications must be submitted no later than December 6, 2021. The authorized representative, or its designee, must attest to the accuracy of the application material and the reported arrearages.

D.2.2 Application Review Process
State Water Board staff will verify that the reported arrearages are supported by the community water systems’ documentation. Staff may request additional information if the arrearages submitted with the application differ from those reported in the survey, or documentation is inadequate to support the amount. Technical assistance may be available for systems serving disadvantaged communities that lack supporting documentation of arrearages.

11 January 19, 2022
D.3 COMMUNITY WATER SYSTEMS WITH COMBINED BILLING

SYSTEMS
For systems that combine water with other utilities including but not limited to wastewater, stormwater, refuse, and/or energy, only the water-related portion of the arrearage is eligible for total or partial reimbursement. Community water systems with combined billing may not shut off water due to non-payment of the portion of the bill for other services that accrued during the COVID-19 pandemic relief bill period. This prohibition does not apply to debt accrued before or after the COVID-19 pandemic relief bill period.

For systems that cannot determine the proportion of the arrearage related to water service for each customer account, the water system will use an average customer approach to estimate the proportion of a system’s arrearage that is attributable to the water portion of the bill for its residential and commercial customer classes. For each customer class, the water system will first calculate the average annual bill. Next the water system will calculate the average annual water portion of the average annual customer bill. Then the average annual water portion will be determined using the following formula:

Average Annual Percentage of Water Charge =
(Average Annual Water Charges / Total Average Annual Bill) x 100 The average annual percentage of water charge will be the percentage that is applied to the water system’s customer arrearages.

The Deputy Director of DDW is authorized to resolve any disputes regarding the estimation methodology.

D.4 LATE APPLICATIONS
The State Water Board will allow water systems that did not respond to the initial survey to complete an abbreviated survey and apply for funds. The State Water Board will also hold funds allocated to water systems that do not complete the application by December 6, 2021 until January 15, 2022. The State Water Board will contact water systems that are late with applications to assist the systems in applying. Third-party technical assistance providers will also be utilized to assist systems. State Water Board staff will post lists of systems that have not applied during the initial 60-day application period on the Program website. Community water systems that submit late surveys and applications are not guaranteed funding.

SECTION E: DISBURSEMENT PROCESS AND PRIORITY
State Water Board staff will process disbursements as soon as complete applications are received and reviewed. Staff will prioritize the timing of disbursements to small community water systems. State Water Board staff may also prioritize the timing of disbursements to community water systems serving disadvantaged communities. Staff

12 January 19, 2022
will begin disbursing funds by November 1, 2021. In order to expedite payments, checks may be sent to either the water system’s physical address or the address of the Authorized Representative, if that address is on file with DFA.

Staff will contact systems with incomplete or missing applications to assist systems and expedite payments.

SECTION F: WATER SYSTEM ALLOCATION TO CUSTOMERS
F.1 ALLOCATION
Community water systems may expend up to three percent (3%), or up to $1 million, whichever is less, for costs the system incurs in applying for assistance or complying with Program requirements. Because there are sufficient funds to cover the statewide arrearage total plus the administrative costs, system may request enough funds to cover both. System costs to apply for funds and comply with Program requirements must be documented and reported to the State Water Board. The State Water Board will provide a template for reporting administrative costs.

F1.1 Debt Transferred to Third Parties
Community water systems that have transferred their arrearages that qualify for the Program to a third party are eligible and may still apply to receive funding. Community water systems that no longer hold the arrearage debt may credit qualifying customer accounts by doing any of the following: (1) directly paying the third party to reduce or eliminate the debt; (2) refunding the credited amount to the customer; or (3) creating a positive balance for customers to apply toward future water bills. Community water systems must notify their customers of this credit and must indicate that the relief afforded by this credit should be used to pay down the debt that was transferred to the third party.

F.1.2 Water Systems that Utilized Customer Assistance Funds Community water systems that utilized an existing customer assistance program to aid customers with qualifying arrearages may be eligible for the Program and receive payment for those arrearages previously covered by their customer assistance program.

Eligibility will be determined after consultation with the State Water Board to determine that all program requirements can be met.

F.1.3 Late Fees
Water systems must waive late fees for customers with arrearages. Late fees cannot be included in the calculation of the system’s total arrearages, or deducted from the amount to credit to customers’ bills.

13 January 19, 2022
F.2 CUSTOMER CREDIT AND NOTIFICATION
F.2.1 Notification of Customer Bill Credits
Water systems must allocate the funds as bill credits to customers within 60 days of receiving funds. Water systems may apply the credits in two installments within different tax years provided they notify the customer when the second credit will be applied and meet the requirement to remit any moneys not credited to customers within six months of receipt back to the State Water Board. Water systems must notify customers in writing of the amount credited. The acknowledgement must state that the credited amount is being provided through the California Water and Wastewater Arrearage Payment Program through funding from the State Water Resources Control Board using federal ARPA funds.

F.2.2 Payment Plans
Water systems must offer to enroll any residential and commercial customers with remaining balances after the credits have been applied in a payment plan. The notice offering the payment plan must provide the customer with 30 days to enroll in the plan from the date of the notice. All other provisions of Health and Safety Code section 116900 related to payment plans apply to any plans established under this Program, regardless of the size of the community water system.
• Policies and related notices must be in English and any other language spoken by 10% or more of the community water system’s customers • A formal mechanism for a customer to contest or appeal a bill must exist and must be shared with customers.
• The community water system must provide a telephone number to allow a customer to contact a system representative to discuss options for averting water shutoff for nonpayment.

Water systems must also include a referral statement in the payment plan notice that additional assistance may be available through the Low Income Household Water Assistance Program administered by the Department of Community Services and Development (CSD) and other low-income assistance programs, including a contact number for appropriate Local Service Provider(s) or other program hotline to help with enrollment in those programs.

The State Water Board recommends that water systems enter into agreements with CSD and other appropriate agencies and local service providers to share appropriate information to identify and target assistance to customers at risk of being shutoff so that eligible customers receive benefits through those and other assistance programs. The State Water Board further recommends that water systems that offer local customer assistance programs consider entering into data sharing agreements with IOUs participating in the California Alternate Rates for Energy (CARE) program to support ongoing enrollment.

14 January 19, 2022
F.2.3 Shut Off Prohibition
A community water system receiving funds from this Program due to non-payment of bills may not discontinue water service before the later of the following dates: (1) the date identified in Health and Safety Code section 116773.4 (i.e., September 30, 2021 or a later date if amended); or (2) for a customer that has been offered a payment plan, the date the customer misses the enrollment deadline for, or defaults on, the payment plan. A community water system may not discontinue water service to a customer that remains current on a payment plan. Community water systems, regardless of size, must comply with Health and Safety Code section 116908 et seq. regarding discontinuation of service.

F.2.4 Consumer Debt Reporting and Third-PartyCollection The community water system must agree to not furnish information regarding arrearages for which credits have been provided to customers under this Program to any consumer reporting agency, as that term is defined at 15 U.S.C. section 1681a, subdivision (f). The system must also agree not to assign to a third party any arrearage for which a credit has been provided to a customer under this Program for purposes of collection.

If a water system has furnished information regarding arrearages for which credits have been provided to customers under this Program to a consumer reporting agency, as that term is defined at 15 U.S.C. section 1681a, subdivision (f), the water system agrees to, within thirty days of receiving payment:

Instruct each such consumer reporting agency to delete all information regarding the arrearages for which credits have been provided to customers under this Program; and
Cease further furnishing of information regarding the arrearages for which credits have been provided to customers under this Program to any consumer reporting agency.

If a water system has assigned arrearages for which credits have been provided to customers under this Program for purposes of collection to a third party that is not a tax agency, the water system agrees to recall the debt. If the third party at any time furnished information regarding the debt to one or more consumer reporting agencies, as that term is defined at 15 U.S.C. section 1681a, subdivision (f), the water system agrees to, within thirty days of receiving payment, require the third party to:

Instruct each such consumer reporting agency to delete all information regarding the debt; and
Cease further furnishing of information regarding the debt to any consumer reporting agency.

15 January 19, 2022
F.2.5 Tax Information
Water systems should consult with tax professionals regarding potential tax liability and reporting requirements. The State Water Board is not authorized to provide federal or state tax advice to water systems.

The State Water Board has been directed to issue a 1099-G to each community water system that receives funding. A water system’s tax liability will depend on various factors, which may include the water system’s entity status, if the water system has an offsetting loss, any other relevant factors specific to each water system, and current federal and state tax laws. Water systems should consult their own tax professional for questions about potential tax liability.

Subsequent to the State Water Board’s adoption of the original Guidelines, the Internal Revenue Service posted fact sheets for “Frequently asked questions for states and local governments on taxability and reporting of payments from Coronavirus State and Local Fiscal Recovery Funds.” The fact sheets provide general information to taxpayers and tax professionals related to the Coronavirus State and Local Fiscal Recovery Funds established under the American Rescue Plan Act. The fact sheets can be found at this web location:
https://www.irs.gov/newsroom/frequently-asked-questions-for-states-and-localgovernments-on-taxability-and-reporting-of-payments-from-coronavirus-state-andlocal-fiscal-recovery-funds F.3 RETURN OF FUNDS NOT CREDITED TO CUSTOMERS
Water systems must remit any funds not credited to customers, or used by the water system to apply for funds and comply with Program requirements, back to the State Water Board within six months of receiving payment.

SECTION G: REPORTING REQUIREMENTS
All community water systems that receive funds must provide certification to the State Water Board that, except for authorized administrative costs, Program funds were applied as credits to customer bills to offset COVID-19 arrearages. Systems must report the total amount credited, the number of accounts credited, the number of customers enrolled in a payment plan and the number of customers that did not enroll in a payment plan. Systems must also report the amount used for administration of the Program. The State Water Board will provide a template or online portal for reporting, including a template for reporting administrative costs. The State Water Board may request the supporting documentation to validate the reported amounts. Water systems accepting funds may be audited and must retain documentation supporting the reported amounts for seven years following final reporting.

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SECTION H: WASTEWATER ARREARAGE PROGRAM
Because the appropriated amount exceeds the Statewide Need for water system arrearages and the total amount requested by water systems, the State Water Board is establishing a program for funding wastewater treatment provider arrearages and revenue shortfalls. The State Water Board will establish the wastewater arrearage program no later than February 1, 2022 (see Appendix A below).

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Appendix A

CALIFORNIA WATER AND WASTEWATER ARREARAGE
PAYMENT PROGRAM GUIDELINES: WASTEWATER
SECTION 1: ELIGIBILITY
The following are eligible for wastewater arrearages funding under the Program:
• Wastewater treatment providers that accrued residential and commercial customer arrearages during the COVID-19 pandemic bill relief period (March 4, 2020 through June 15, 2021). This includes wastewater treatment providers that transferred arrearage debt to a third-party such as a county under a Teeter Plan or a debt collection entity.
• Wastewater treatment providers that collect eligible customer revenue through property tax rolls are also eligible if they are able to identify wastewater arrearages and can directly credit customers’ accounts. • Wastewater billing entities that accrued residential and commercial customer wastewater arrearages during the COVID-19 pandemic bill relief period. The wastewater billing entity must be able to identify wastewater arrearages and directly credit customers’ accounts. • Wastewater treatment provider or a wastewater billing entity that accrued residential and commercial customer arrearages during the COVID-19 pandemic bill relief period and used a customer assistance program for that arrearage.

SECTION 2: PROGRAM REQUIREMENTS
Wastewater treatment providers and wastewater billing entities that do not comply with the Wastewater Arrearage Program requirements may be subject to enforcement actions by the State Water Board and may be required to return moneys to the State Water Board.

2.1: Program Requirements for Wastewater Treatment Providers Wastewater treatment providers that participate in the Program must:
• Waive customer late fees and interest for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety; • Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
• Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
• Comply with all terms and conditions of payment; and
• Report on expenditures and customer credits.

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2.2: Program Requirements for Wastewater Billing Entities Wastewater billing entities that participate in the Program must:
• Show proof the billing entity bills for services on behalf of a wastewater treatment provider;
• Waive customer late fees and interest for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety; • Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
• Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
• Comply with all terms and conditions of payment; and
• Report on expenditures and customer credits.

SECTION 3: PROPORTIONAL ALLOCATION OF FUNDS TO

WASTEWATER TREATMENT PROVIDERS AND WASTEWATER BILLING

ENTITIES

3.1: Purpose and Overview
Section 3 of this appendix describes the process the State Water Board will use to establish the allocation methodology for wastewater treatment providers and wastewater billing entities. One-time payments will be made to wastewater treatment providers and wastewater billing entities based on the allocation methodology established in this section. Approved wastewater treatment providers and wastewater billing entities receiving payments will credit customer bills in accordance with the methodology established in section 5 of this appendix after receiving payment from the State Water Board.

3.2: Total Statewide Wastewater Need and Allocation of Funds Community water systems were allocated 100 percent of their requested needs (arrearages plus administrative costs) for water arrearages. The remaining budget allocation of over $600 million is available for the Wastewater Arrearages Program.

The State Water Board did not conduct a survey to estimate accrued residential and commercial wastewater arrearages during the COVID-19 pandemic bill relief period (March 4, 2020 through June 15, 2021). The State Water Board estimates the total statewide wastewater need (arrearages plus administrative costs) will be less than the amount of need requested by community water systems.

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SECTION 4: WASTEWATER APPLICATION REQUIREMENTS
State Water Board staff will provide an application package to all eligible wastewater treatment providers and wastewater billing entities and begin accepting complete applications within 14 days of State Water Board adoption of the amendments that include this appendix. The applications will be accepted through an online portal that will be available on the Program webpage. Technical assistance will be available through the Division of Financial Assistance and Division of Water Quality staff, and outside providers to assist wastewater treatment providers and wastewater billing entities that need help completing the application.

The application will consist of the following forms:
• Application/disbursement form - identifying the maximum amount of funding for which the wastewater treatment provider or wastewater billing entity may apply.

The application form must be signed by the wastewater treatment provider’s or wastewater billing entity’s authorized representative or designee. • Conditions of payment form – details the Program requirements with whichthe authorized representative, on behalf of the wastewater treatment provider or wastewater billing entity, agrees to comply.

There will be an initial 60-day application period. State Water Board staff will attempt to contact any wastewater treatment provider or wastewater billing entity that does not apply during the initial application period and provide technical assistance with the application. State Water Board staff also will contact wastewater treatment providers and wastewater billing entities with incomplete applications to assist them.

4.1: Application Process
Wastewater treatment providers and wastewater billing entities must submit the application with the designated forms, signed by the authorized representative or designee, to the application portal and mail the forms to the State Water Board prior to April 1, 2022. Wastewater treatment providers and wastewater billing entities must provide documentation from accounting or billing systems verifying the reported arrearages as part of the application. The authorized representative, or its designee, must attest to the accuracy of the application material and the reported arrearages based on the wastewater treatment provider’s or wastewater billing entity’s documentation or the methodology used by the State Water Board if supporting documentation is unavailable.

4.2: Application Review Process
State Water Board staff will verify that the reported arrearages are supported by the wastewater treatment provider’s or wastewater billing entity’s documentation. Staff may request additional information if the arrearages submitted with the application differ from the documentation provided to support the amount. Technical assistance may be available for wastewater treatment providers and wastewater billing entities serving disadvantaged communities that lack supporting documentation of arrearages.

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4.3: Wastewater Treatment Providers or Wastewater Billing Entities with Combined Billing Systems
For wastewater treatment providers and wastewater billing entities that combine wastewater with other utilities including, but not limited to, water, stormwater, refuse, and/or energy, only the wastewater-related portion of the arrearage is eligible for total or partial reimbursement.

Wastewater treatment providers and wastewater billing entities that cannot determine the proportion of the arrearage related to wastewater service for each customer account will use an average customer approach to estimate the proportion of the arrearage that is attributable to the wastewater portion of the bill for its residential and commercial customer classes. For each customer class, the wastewater treatment provider or wastewater billing entity will first calculate the average annual bill. Next the wastewater treatment provider or wastewater billing entity will calculate the average annual wastewater portion of the average annual customer bill. Then the average annual wastewater portion will be determined using the following formula:

Average Annual Percentage of Wastewater Charge =
(Average Annual Wastewater Charges / Total Average Annual Bill) x 100 The average annual percentage of wastewater charge will be the percentage that is applied to the wastewater system’s customer arrearages.

The Deputy Director of the Division of Water Quality is authorized to resolve any disputes regarding the estimation methodology.

4.4: Late Applications
The State Water Board will hold funds allocated to eligible applicants that do not complete the application by April 1, 2022 until April 22, 2022. The State Water Board will contact wastewater treatment providers and wastewater billing entities that are late with applications to assist them in applying. Third-party technical assistance providers also will be utilized to assist wastewater treatment providers and wastewater billing entities. State Water Board staff will post lists of wastewater treatment providers and wastewater billing entities that have applied during the initial 60-day application period on the Program website. Wastewater treatment providers and wastewater billing entities that submit late applications are not guaranteed funding.

SECTION 5: DISBURSEMENT PROCESS AND PRIORITY
State Water Board staff will process disbursements as soon as complete applications are received and reviewed. Staff may prioritize the timing of disbursements to wastewater treatment providers and wastewater billing entities serving disadvantaged communities. Staff will begin disbursing funds starting March 1, 2022. In order to expedite payments, checks may be sent to either the wastewater treatment provider’s or wastewater billing entity’s physical address or the address of the authorized representative, if that address is on file with the Division of Water Quality.

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State Water Board staff will contact wastewater treatment providers and wastewater billing entities with incomplete or missing applications to assist them and expedite payments.

SECTION 6: WASTEWATER TREATMENT PROVIDERS AND

WASTEWATER BILLING ENTITIES ALLOCATION TO CUSTOMERS

6.1: Allocation
Approved wastewater treatment providers and wastewater billing entities may expend up to three percent (3%), or up to $1 million, whichever is less, for costs they incur in applying for assistance or complying with Program requirements. The applicant costs to apply for funds and comply with Program requirements must be documented and reported to the State Water Board. The State Water Board will provide a template for reporting administrative costs.

6.1.1: Debt Transferred to Third Parties
Wastewater treatment providers and wastewater billing entities that have transferred their arrearages that qualify for the Program to a third party are eligible and still may apply to receive funding. Wastewater treatment providers and wastewater billing entities that no longer hold the arrearage debt may credit qualifying customer accounts by doing any of the following: (1) directly paying the third party to reduce or eliminate the debt; (2) refunding the credited amount to the customer; or (3) creating a positive balance for customers to apply toward future wastewater bills. Wastewater treatment providers and wastewater billing entities must notify their customers of this credit and must indicate that the relief afforded by this credit should be used to pay down the debt that was transferred to the third party.

6.1.2: Wastewater Treatment Providers and Wastewater Billing Entities that Utilized Customer Assistance Funds
Wastewater treatment providers and wastewater billing entities that utilized an existing customer assistance program to aid customers with qualifying arrearages may be eligible for the Program and receive payment for those arrearages previously covered by their customer assistance program. Eligibility will be determined after consultation with the State Water Board to determine that all Program requirements can be met.

6.1.3: Late Fees
Approved wastewater treatment providers and wastewater billing entities must waive late fees for customers with arrearages. Late fees cannot be included in the calculation of total arrearages, or deducted from the amount to credit to customers’ accounts.

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6.2: Customer Credit and Notification

6.2.1: Notification of Customer Bill Credits
Approved wastewater treatment providers and wastewater billing entities must allocate the funds as bill credits to customers within 60 days of receiving funds. Approved wastewater treatment providers and wastewater billing entities may apply the credits in two installments within different tax years provided they notify the customer when the second credit will be applied and meet the requirement to remit any moneys not credited to customers within six months of receipt back to the State Water Board.

Approved wastewater treatment providers and wastewater billing entities must notify customers in writing of the amount credited. The acknowledgement must state that the credited amount is being provided through the Program through funding from the State Water Resources Control Board using federal American Rescue Plan Act funds.

6.2.2: Consumer Debt Reporting and Third-Party Collection The wastewater treatment provider or wastewater billing entity must agree to not furnish information regarding arrearages for which credits have been provided to customers under this Program to any consumer reporting agency, as that term is defined at 15 U.S.C. section 1681a, subdivision (f). The wastewater treatment provider or wastewater billing entity must also agree not to assign to a third party any arrearage for which a credit has been provided to a customer under this Program for purposes of collection.

If a wastewater treatment provider or wastewater billing entity has furnished information regarding arrearages for which credits have been provided to customers under this Program to a consumer reporting agency, as that term is defined at 15 U.S.C. section 1681a, subdivision (f), the wastewater treatment provider or wastewater billing entity agrees to, within thirty days of receiving payment:

Instruct each such consumer reporting agency to delete all information regarding the arrearages for which credits have been provided to customers under this Program; and
Cease further furnishing of information regarding the arrearages for which credits have been provided to customers under this Program to any consumer reporting agency.

If a wastewater treatment provider or wastewater billing entity has assigned arrearages for which credits have been provided to customers under this Program for purposes of collection to a third party that is not a tax agency, the wastewater treatment provider or wastewater billing entity agrees to recall the debt. If the third party at any time furnished information regarding the debt to one or more consumer reporting agencies, as that term is defined at 15 U.S.C. section 1681a, subdivision (f), the wastewater treatment provider or wastewater billing entity agrees to, within thirty days of receiving payment, require the third party to:

Instruct each such consumer reporting agency to delete all information regarding the debt; and

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Cease further furnishing of information regarding the debt to any consumer reporting agency.

6.2.3: Tax Information
Wastewater treatment providers and/or wastewater billing entities should consult with tax professionals regarding potential tax liability and reporting requirements. The State Water Board is not authorized to provide federal or state tax advice.

The State Water Board has been directed to issue a 1099-G to each applicant that receives funding. A wastewater treatment provider’s or wastewater billing entity’s tax liability will depend on various factors, which may include the entity’s status, if the entity has an offsetting loss, any other relevant factors specific to each entity, and current federal and state tax laws. Wastewater treatment providers and wastewater billing entities should consult their own tax professionals for questions about potential tax liability.

The Internal Revenue Service has posted fact sheets for “Frequently asked questions for states and local governments on taxability and reporting of payments from Coronavirus State and Local Fiscal Recovery Funds.” The fact sheets provide general information to taxpayers and tax professionals related to the Coronavirus State and Local Fiscal Recovery Funds established under the American Rescue Plan Act. The fact sheets can be found at this web location: https://www.irs.gov/newsroom/frequentlyasked-questions-for-states-and-local-governments-on-taxability-and-reporting-ofpayments-from-coronavirus-state-and-local-fiscal-recovery-funds

6.3: Return of Funds Not Credited to Customers
Wastewater treatment providers and wastewater billing entities must remit any funds not credited to customers or used by the applicant to apply for funds and comply with Program requirements, back to the State Water Board within six months of receiving payment.

SECTION 7: REPORTING REQUIREMENTS
All wastewater treatment providers and wastewater billing entities that receive funds must provide certification to the State Water Board that, except for authorized administrative costs, Program funds were applied as credits to customer bills to offset COVID-19 arrearages. Wastewater treatment providers and wastewater billing entities must report the total amount credited and the number of accounts credited. Wastewater treatment providers and wastewater billing entities also must report the amount used for administration of the Program. The State Water Board will provide a template and/or online portal for reporting, including a template for reporting administrative costs. The State Water Board may request the supporting documentation to validate the reported amounts. Wastewater treatment providers and wastewater billing entities accepting funds may be audited and must retain documentation supporting the reported amounts for seven years following final reporting.