Norco City Council
June 15, 2022

29 Fifth Street and Horseless Carriage Drive 3
30 Hidden Valley Parkway and El Paso 4 Maintained by
Corona
31 Hidden Valley Parkway and Norco Hills Road 4 Maintained by Corona
32 Hamner Avenue and Citrus Avenue 4
33 Hamner Avenue and Alhambra Street 3
34 Hidden Valley Parkway at now closed Corona
Avenue
3 Maintained by
Corona
35 River Road and Sundance Lane 3
36 Hamner Avenue and Detroit Street 3
37 Mountain Avenue and First Street 4
38 Mountain Avenue and Second Street 4
39 Mountain Avenue and mid-block First/Second
(new street name pending)
3 40 Decorative Street Lights (on Sixth Street from
Sierra Ave to California Ave)
44

Exhibit B
Schedule of Traffic Signal and Street Light Maintenance Services The Contractor shall perform routine maintenance and other Services on an as-needed basis. Upon notification by the City of required maintenance work, the Contractor will respond to commence and proceed diligently to completion of work on weekdays, Saturdays, Sundays, and holidays as specified below:

RESPONSE TIME AND PROCEDURE
Regular Response Time - When the notification is received between 7:00 a.m. to 5:00 p.m., Monday through Friday, Contractor shall respond within two (2) hours. When the notification is received any other time, Contractor shall respond within eight (8) hours unless there is an emergency or dangerous situation.

Emergency Response Time – Contractor shall respond immediately to emergency calls, including main pole knockdowns. Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal circumstances.

Contractor’s vehicles shall carry all necessary traffic control devices, such as traffic cones, flashing arrow boards, traffic warning signs, etc., which shall be used when directing traffic during emergency and/or when deemed necessary by the signal technician or the City’s Representative.

If no Sheriff Deputy or police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal.

After the signal is back in operation, Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City to the City Corporation Maintenance Yard located at 1281 Fifth Street, Norco, CA 92860.

If a Sheriff Deputy or police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation and discuss it with the Sheriff Deputy or police officer.

If the repair will take only a few minutes, the Sheriff Deputy or Police Officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the Deputy/Officer can wait, the Contractor shall immediately set up temporary warning and control devices and all other necessary warning devices to relieve the Deputy/Officer.

Liquidated damages will be assessed for late start or uncompleted work as specified in Section 3.2.7.1 of the Agreement. Failure of the Contractor to adhere to the above response requirement will be cause for the City to deduct any monies due or to become due to the Contractor under this Agreement.

Exhibit C
Compensation for Traffic Signal and Street Light Maintenance Services (See Attached Yunex LLC Proposal)

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.

9. Description of Project:

ANNUAL ON-CALL TRAFFIC SIGNAL

AND STREET LIGHT MAINTENANCE SERVICES
(FISCAL YEARS 2022-2023 THROUGH 2024-2025)
The general items of work to be done hereunder consist of:

Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials, and perform all work necessary to maintain, in a good and workmanlike manner, approximately thirty-three (33) traffic signal facilities and all those added in the future as provided below on an “as needed” basis.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or

(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

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

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

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

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: _____________________________________________________

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 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.

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: _____________________________________

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.

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: ____________________________________________________

City Council

STAFF REPORT
Date: June 15, 2022 Agenda Item:

2.I.

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

Acceptance of Proposal and Award of Performance Services Contract for On-Call Street Maintenance Services
RECOMMENDATION:

Accept the proposal submitted for performance services to provide Annual On-Call Street Maintenance, award a three-year contract to Hardy & Harper, Inc., Santa Ana, California, and authorize the City Manager to execute the contract in the amount not-to-exceed $300,000 annually.

SUMMARY:

A Request for Proposal was opened on May 4, 2022, with four bidders submitting proposals, A & Y Asphalt Contractors, Inc., Gentry General Engineering, Inc., Hardy & Harper, Inc. and Onyx Paving Company, Inc. Each of the proposals were evaluated and rated to determine the best qualified proposal to meet the City’s needs. Hardy & Harper, Inc. was rated as the most qualified proposer and staff is recommending a three-year oncall street maintenance services contract (ending June 30, 2025) be awarded to Hardy & Harper, Inc. in the amount not-to-exceed $300,000 annually.

BACKGROUND:

Staff completed a Request for Proposal (RFP) for bidding purposes and on May 4, 2022, four (4) proposals were received from A & Y Asphalt Contractors, Inc., Gentry General Engineering, Inc., Hardy & Harper, Inc. and Onyx Paving Company, Inc. The RFP calls for furnishing, on an “as needed” basis, all labor, materials, tools, equipment, appurtenances and incidentals for saw cutting, grinding, removal & replacement of various Portland cement concrete including: sidewalk, curb, gutter, cross gutter, driveways, handicapped ramps, etc. Work shall also include removal and replacement of asphalt concrete, aggregate base, minor asphalt repairs, reconstruction, overlaying, slurry and sealing of asphalt concrete streets and raising manholes and valve cans to grade.

Each of the proposals was evaluated and rated to determine the best qualified proposal to meet the City’s needs (see attached Summary). Based on staff review Hardy & Harper, Inc. was rated as the most qualified proposer and their on-call pricing was very competitive (see attached proposal). Hardy & Harper, Inc. is located in Santa Ana, California and has been providing the city street maintenance services for 38 years. Hardy & Harper, Inc. has previously been awarded the annual on-call street maintenance contract in the City of Norco and staff has been very satisfied with the services provided.

Staff is requesting that the City Council accept the proposal, award a three-year contract to Hardy & Harper, Inc. ending June 30, 2025, and authorize the City Manager to execute a purchase order in the amount not-to exceed $300,000 annually.

FISCAL IMPACT:

The proposed service maintenance agreement is funded from portions of the Gas Tax Street Operations Fund 133-801-34100 ($100,000) and Water Fund 124-804-34100 ($200,000) for a total amount not-to-exceed $300,000.00 annually. Funding for the proposed service maintenance services is included in the Fiscal Year 2022-2023 Operating Budget.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent and supports Strategic Direction No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

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):

Summary
Proposal
Contract

SUMMARY SHEET

ANNUAL ON-CALL STREET

MAINTENANCE PROGRAM
FY 2022-23 FY 2023-24 FY 2024-25 FY 2022-23 FY 2023-2024 FY 2024-25

ITEM QUANTITY UNIT DESCRIPTION UNIT CHARGE UNIT CHARGE UNIT CHARGE UNIT CHARGE UNIT CHARGE UNIT CHARGE 1,000+ SF $6.00 $6.30 $6.60 $14.00 $16.00 $18.00
Above 4"
Thickness SF $12.00 $12.75 $13.25 $20.00 $22.00 $25.00
2 2,000+ SF
Construct 2-inch thick AC overlay (type III C2-AR-4000) $3.50 $3.75 $4.00 $9.00 $10.00 $11.00 3 1 to 20 EA
Adjust manhole covers to finish grade
per City of Norco Standard 535 $300.00 $330.00 $350.00 $1,500.00 $1,700.00 $2,000.00 4 2,000+ SF Grind, dispose & repave, 0.10' depth $4.50 $4.75 $5.00 $11.00 $13.00 $15.00 0 to 1,000 LF $60.00 $64.00 $68.00 $120.00 $130.00 $140.00 1,001 to 3,000 LF $22.00 $26.00 $30.00 $110.00 $120.00 $130.00 3,001+ LF $20.00 $24.00 $28.00 $100.00 $110.00 $120.00
6 0 to 500 SF
Remove, dispose & replace 4-inch thick sidewalk, per SSPWC $12.00 $16.00 $18.00 $12.00 $14.00 $16.00 0 to 50 SF $18.00 $20.00 $22.00 $30.00 $33.00 $36.00
51 to 300 SF $16.00 $18.00 $20.00 $22.00 $25.00 $28.00
301+ SF $15.00 $17.00 $19.00 $20.00 $22.00 $25.00
1 to 100 SF $7.00 $8.00 $9.00 $12.00 $14.00 $16.00
101 to 500 SF $6.00 $7.00 $8.00 $10.00 $11.00 $13.00
501 to 1,000 SF $5.00 $6.00 $7.00 $10.00 $11.00 $13.00
1,001+ SF $4.50 $5.50 $6.50 $10.00 $11.00 $13.00
0 to 250 LF $35.00 $40.00 $43.00 $90.00 $100.00 $110.00 251 to 1,000 LF $28.00 $32.00 $35.00 $80.00 $90.00 $100.00 0 to 250 LF $14.00 $16.00 $18.00 $75.00 $85.00 $95.00
251 to 1,000 LF $8.00 $10.00 $12.00 $65.00 $75.00 $85.00 0 to 1,000 SF $1.30 $1.50 $2.00 $20.00 $22.00 $25.00
1,001 to 4,000 SF $0.90 $1.10 $1.50 $10.00 $11.00 $13.00 0 to 1,000 SF $6.00 $6.25 $6.50 $15.00 $17.00 $20.00
1,001+ SF $5.00 $5.25 $5.50 $12.00 $14.00 $16.00
Construct 1-inch thick AC leveling course 11Grind, dispose & repave, 2" depth 7 12
8 Construct new 4-inch thick sidewalk per SSPWCConstruct new 6-inch thick curb & gutter Type C per City Standard 200 9Construct 6-inch AC Curb per RC Standard 212 10Sawcut or grind remove & dispose of existing pavement & construct full depth AC 4-inch thick (R&R) 1Remove, dispose & replace Type C 6-inch curb & gutter, per City Standard 200Remove, dispose & replace 6-inch thick cross gutter, per City Standard 225 5 HARDY & HARPER, INC. GENTRY GENERAL ENGINEERING, INC.

SUMMARY SHEET

ANNUAL ON-CALL STREET

MAINTENANCE PROGRAM

ITEM QUANTITY UNIT DESCRIPTION
1,000+ SF
Above 4"
Thickness SF
2 2,000+ SF
Construct 2-inch thick AC overlay (type III C2-AR-4000) 3 1 to 20 EA
Adjust manhole covers to finish grade
per City of Norco Standard 535
4 2,000+ SF Grind, dispose & repave, 0.10' depth
0 to 1,000 LF
1,001 to 3,000 LF
3,001+ LF
6 0 to 500 SF
Remove, dispose & replace 4-inch thick sidewalk, per SSPWC 0 to 50 SF
51 to 300 SF
301+ SF
1 to 100 SF
101 to 500 SF
501 to 1,000 SF
1,001+ SF
0 to 250 LF
251 to 1,000 LF
0 to 250 LF
251 to 1,000 LF
0 to 1,000 SF
1,001 to 4,000 SF
0 to 1,000 SF
1,001+ SF
Construct 1-inch thick AC leveling course 11Grind, dispose & repave, 2" depth 7 12
8 Construct new 4-inch thick sidewalk per SSPWCConstruct new 6-inch thick curb & gutter Type C per City Standard 200 9Construct 6-inch AC Curb per RC Standard 212 10Sawcut or grind remove & dispose of existing pavement & construct full depth AC 4-inch thick (R&R) 1Remove, dispose & replace Type C 6-inch curb & gutter, per City Standard 200Remove, dispose & replace 6-inch thick cross gutter, per City Standard 225 5 FY 2022-23 FY 2023-2024 FY 2024-25 FY 2022-23 FY 2023-2024 FY 2024-25

UNIT CHARGEUNIT CHARGEUNIT CHARGEUNIT CHARGEUNIT CHARGEUNIT CHARGE $15.50 $17.00 $19.00 $25.00 $27.50 $30.25
$2.27 $2.50 $3.00 6.50/INCH $7.15 $7.90
$9.09 $10.00 $11.00 $4.77 $5.25 $5.80
$995.00 $1,095.00 $1,205.00 $400.00 $440.00 $484.00
$10.50 $11.55 $12.75 $6.75 $7.50 $8.25
$80.00 $88.00 $97.00 $65.00 $71.50 $78.70
$70.00 $77.00 $85.00 $34.00 $37.50 $41.25$65.00 $72.00 $80.00 $29.00 $32.00 $35.20$19.00 $21.00 $23.50 $38.00 $42.00 $46.20$50.00 $55.00 $60.50 $45.00 $49.50 $54.50$45.00 $50.00 $55.00 $35.00 $38.50 $42.35$40.00 $45.00 $50.00 $33.00 $36.30 $40.00$16.00 $17.50 $19.25 $16.00 $17.60 $19.40$13.00 $14.50 $15.95 $14.00 $15.40 $17.00$11.00 $12.00 $13.25 $12.00 $13.20 $14.50 $9.50 $10.50 $11.55 $11.00 $12.10 $13.30
$60.00 $66.00 $73.00 $60.00 $66.00 $72.60$45.00 $50.00 $55.00 $50.00 $55.00 $60.50$48.00 $53.00 $58.50 $20.00 $22.00 $24.20$40.00 $44.00 $48.50 $15.00 $16.50 $18.15$18.00 $20.00 $22.00 $4.50 $5.00 $5.50 $12.50 $14.00 $15.50 $3.25 $3.60 $4.00$20.00 $22.00 $21.50 $7.00 $7.70 $8.50$14.50 $16.00 $17.75 $4.00 $4.40 $4.80 ONYX PAVING CO. A & Y ASPHALT CONTRACTORS, INC.

NOTICE INVITING PROPOSALS

FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)

PROPOSER'S PROPOSAL
Proposal of Hard &Ha er Inc. , hereinafter called
"Proposer" organized and existing under the laws of the State of California, doing business as . (Insert "a corporation," "a partnership," "a joint venture," or "an individual," as applicable) To the City of Norco, hereinafter called "Owner":

In compliance with the Notice Inviting Proposals and Instructions to Proposers, the undersigned as Proposer hereby proposes to furnish all materials, equipment and all other labor and methods and do all things necessary for the proper construction and completion of the work, in strict and complete accord with the Drawings, Specifications and other Contract Documents now on file in the offices of the Owner at the prices set forth in the Proposal Schedule for the work generally described as follows:

Annual On-Call Street Maintenance Program
(FISCAL YEARS 2022-23 THROUGH 2024-25)
lnde endent Pro osal
By submission of this Proposal, each Proposer certifies, and in the case of a joint Proposal, each party thereto certifies as to his own organization that this proposal has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Proposal with any other Proposer or with any competitor. The Proposer shall be required to submit a non-collusion af?davit of the form enclosed with this Proposer.

Contract Period
It is the intent of the City of Norco to maintain this contract for three (3) years from fiscal year 2022- 2023 through 2024-2025.
lnformation Re uired of Pro oser
Number of years as a Contractor in projects of this type:

Five projects of this type recently completed:

BP

(2)
(3)
(4)
(5)
Title of Pro'ect Date Corn Ieted Final Contract Amount
(1) Please see attached.
(1)
(2)
(3)
(4)
(5)
Please see attached.

Bid Bond
Not required with this project.

If awarded this Contract, the Proposer agrees to execute the Agreement and submit the Labor and Materials Payment Bond, Contract Performance Bond, and Certificates of Insurance and Endorsements on the required forms within fourteen (14) calendar days from the date when Notice of Award is delivered to the Proposer. The Notice of Award shall be accompanied by the necessary Agreement, Bond, and Certificates of insurance and Endofsements forms.

Withdrawal of Pro osal
Prior to the proposal opening date, a proposal may be withdrawn by the Proposer by means of a written request signed by the Proposer or its properly authorized representative.

Desi nation of Subcontractors
in compliance with the provisions of Section 4100 et. seq. of the Government Code of the State of California, and any amendments thereof, each Proposer shall set forth below, the name and location of the mill, shop, or office of each subcontractor who will perform work or labor, or render service to the Proposer in an amount in excess of one half of one percent (.5%) of the total proposal, or Ten Thousand Dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each subcontractor.
if the Proposer fails to specify a subcontractor for any portion of the work in excess of one half of one percent (.5%) of the total proposal or Ten Thousand Dollars ($10,000), whichever is greater, to BP-2
Name, address and telephone number of Agency who awarded above contracts.

Ownerl Agency
City of Diamond Bar
21825 E. Copley Dr
Diamond Bar, CA 97765
City of Rancho Palos
Verdes
30940 Hawthorne Blvd.

Rancho Palos Verdes,
CA 90275
City of Yorba Linda
P.O. Box 87014
Yorba Linda, CA 92885
City of Corona
735 Public Safety Way
Corona, CA 92880
Moulton Niguel Water
District
26880 Aliso Viejo Pkwy,
Aliso Viejo, CA 92656
City of Anaheim
200 Anaheim Blvd.

Anaheim, CA 92805
Contact
Jorge Garcia
[email protected]
(909)983-7046
Ron Dragoo
[email protected]
(310)544-5252
Armondo Jaime
(714)961-7100
Eugene Silvas
Eugene.Si|[email protected]
(951)279-3629
Jim Sampson
[email protected]
(949) 831-2500
Kal Lambaz
K|[email protected]
(714)765-6935
Project
Road Maintenance
$500,000.00
07/2019-06/2022
Annual Street
Maintenance &Annual
Slide Repairs
$660,000.00
07/2019-06/2021
Annual On-Call
Unit Pricing per Project
$160,900.00
07/2020-08/2022
Annual Maintenance
$610,000.00
07/18-06/21
On-Call Service
Agreement for Asphalt
Concrete Repair
Services
$4,800,000.00
04/2019-04/2022
Street Maintenance,
Construction &
Immediate Response
Services
02/2019-02/2022
Annual
Hardy & Harper, Inc.

City of Chino
One Civic Center Plaza
P.O. Box 19575
Irvine, CA 92623
City of Jurupa Valley
8930 Limonite Ave
Jurupa Valley, CA
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
City of Laguna Beach
505 Forest Ave
Laguna Beach, CA
92651
City of Rialto
335 W. Rialto Ave
Rialto, CA 92376
San Bernardino
Municipal Water Dept
1350 E St.

San Bernardino, CA
92408
Pete Vircario
[email protected]
(909) 334-3444
Mike Waltz
mwa|tz@jurupava||ey.org
(951) 332-6464
Arturo Rodriguez
[email protected]
(714)647-3303
Alpha Santos
Asantos@|agunabeachcity.net
(949) 497-0729
Tony Brandyberry
[email protected]
(909)421-4910
Tim Connor
[email protected]
(909) 453-6120
As-Needed Asphalt
Pavement Removal &
Repair/Replacement
Services
$259,200.00
10/2019-06/2022
2019-2021 Asphalt
Repair & Replacement
Service
$99,998.00
06/19-06/2021
Asphalt Street
Maintenance
$990,000.00
12/2020 — 11/2021
On-Call Pavement
Maintenance Services
$495,000.00
02/2021 -02/2023
On-Call Permanent
Trench Paving Work
$400,000.00
06/2020-07/2021
Pavement Repair &
Resurfacing Services
Project
$221,000.00
09/2017 — 09/2021

be performed under the Contract, he shall be deemed to have agreed to perform such portion himself and he shall not be permitted to subcontract that portion of the work except under conditions permitted by law.

Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original proposal shall only be permitted in case of public emergency or necessity, or otherwise permitted by law, and then only after a finding reduced to writing as a public record of the Owner and with the Owner's written authorization.

Trade & Work to be Done:
% of Work to be Performed:

Name of Subcontractor:

Address/City:

Similar Work Experience:

Trade & Work to be Done:
% of Work to be Performed:

Name of Subcontractor:

Address/City:

Similar Work Experience:

Address/City:

Similar Work Experience:

Trade & Work to be Done:
% of Work to be Performed:

Name of Subcontractor:

Trade & Work to be Done:
% of Work to be Performed:

Name of Subcontractor:

Address/City:

Similar Work Experience:

BP-3

Name of Subcontractor:

Address/City:

Similar Work Experience:

Trade & Work to be Done:
% of Work to be Performed:

Trade & Work to be Done:
% of Work to be Performed:

Name of Subcontractor:

Address/City:

Similar Work Experience:

Trade & Work to be Done:
% of Work to be Performed:

Name of Subcontractor:

Address/City:

Similar Work Experience:

Pro osal Schedule
The Proposer shall set forth for each item of work, in clearly legible figures, an item price in the respective spaces provided for this purpose.

Owner's Ri hts
The Owner reserves the right to reject any and all proposals, to waive any irregularity or to award the Contract to other than the lowest apparent proposer.

Contract Documents
The complete Contract includes all of the Contract Documents as if set forth in full herein, to wit, any and all Addenda issued prior to the opening of the proposals, this Contract Agreement, the Special Provisions, the Project Drawings, the Standard Plans, the Standard Specifications, the Proposer's Proposal, the Notice Inviting Proposals, the Instruction to Proposers, the Affidavits to Accompany the Proposal, the Faithful Performance Bond, the Payment Bond (Labor and Material Bond), the Bid Bond, Notice of Award, Notice to Proceed, The Release Form, Notice of Completion, and Change Order (if any), all of which are essential parts of this Contract.

BP-4

Dated:

Dated:

Dated:

Dated:

Dated:

Proposer agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum.

Proposer acknowledges receipt of the following Addenda:

BP—

SC
4:50
.00
Z2.oo
.OO

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
PROPOSAL HEDULE (2022-2023)
Quantity totals will likely be the accumulated total of numerous patch sites located within the City of Norco. Minimum move in cost is to apply only if total quantity completed per move-in is less than minimum cost of any individual item.

Item Description of Item Quantity Unit of Measure
No.
1 Sawcut or grind 1000 plus
remove and dispose of
existing pavement and
construct full depth AC
4-inch thick (R&R) Above 4" Thickness SF
Construct 2-inch thick 2 AC overlay (Type III C2— 2000 plus AR-4000)
3 Adjust manhole covers
to finish grade per City 1_ 20
of Norco Standard 535
4 Grind, dispose & SF
repave, 0.‘l0' depth 2000 plus
Remove, dispose & 0-1000 LF
replace Type C 6-inch
5 10013000 LF curb & gutter, per City
Standard 200 3001 plus LF
Remove, dispose &
replace 4-inch thick _ 5 sidewalk, per SSPWC 0 500 SF
BP-6

3.50 EA
SF
Unit
Charge

SF
SF
SF
SF
SF
SF
SF
LF
LF
SF
SF
SF
SF
|%.o(')
lLo.OO
l‘:3’.

OO

36.00 2% oo
\-4.00

8.00 L30

0.40 Grind, dispose & O_-I000 12
repave, 2" depth
1001 plus

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
PROPOSAL SCHEDULE (2022-2023)
Quantity totals will likely be the accumulated total of numerous patch sites located within the City of Norco. Minimum move in cost is to apply only if total quantity completed per move-in is less than minimum cost of any individual item.

Item Description of Item Quantity Unit of Measure
No.

Remove, dispose 8: O 50
replace 6-inch thick
7 cross gutter, per City 51 300
Standard 225 301 plus
1 — 100
8 Construct new 4-inch 101_500
thick sidewalk per
SSPWC 501 1000
1001 plus
Construct new 6-inch
9 thick curb & gutter 0250
Type C per City
Standard 200 2514000
10 Construct 6-inch AC o_250
Curb per RC Standard
212 251-1000
Construct 1-inch thick O_-I000 11 AC leveling course
1001-4000
BP-7
Unit
Charge

6-30
/2 -75
’

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
PROPOSAL SCHEDULE (2023-2024)
Quantity totals will likely be the accumulated total of numerous patch sites located within the City of Norco. Minimum move in cost is to apply only if total quantity completed per move-in is less than minimum cost of any individual item.

Item Description of Item Quantity Unit of Measure
No.
1 Sawcut or grind remove and dispose of existing 1000 plus pavement and construct
full depth AC 4-inch
thick (R&R) Above 4" Thickness SF
Construct 2-inch thick 2 AC overlay (Type III 02- 200° 9”” AR—4000)
3 Adjust manhole covers
to finish grade per City 1 _ 20
of Norco Standard 535
Grind, dispose & 5,: 4
repave, 0.10‘ depth 2000 plus
Remove, dispose & O-1000 LF
replace Type C 6-inch
5 curb & gutter, per City 1001-3000 LF
Standard 200 3001 plus LF
Remove, dispose &
replace 4-inch thick
5 0500 SF sidewalk, per SSPWC
BP-8
EA
SF
Unit
Charge
SF

LF
LF
SF
SF
SF
SF
SF
SF
SF
LF
LF
SF
SF
SF
SF

5.75 ’
Grind, dispose & 04000 12
repave, 2" depth
1001 plus

PROPOSALS FOR THE
CITYOFNoRco

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
PROPOSAL SCHEDULE (2023-2024)
Quantity totals will likely be the accumulated total of numerous patch sites located within the City of Norco. Minimum move in cost is to apply only if total quantity completed per move-in is less than minimum cost of any individual item.

Item Description of Item Quantity Unit of Measure
No.

Remove, dispose 81 0 — 50
replace 6-inch thick
7 cross gutter, per City 51 300
Standard 225 301 plus
1 - 100
8 Construct new 4-inch 101 _ 500
thick sidewalk per
Sspvvc 501 1000
1001 plus
Construct new 6-inch
9 thick curb & gutter
- 0_250
Type C per City
Standard 200 251-1000
10 Construct 6-inch AC 0_250
Curb per RC Standard
212 251-1000
Construct 1-inch thick 0_-1000 11 AC leveling course 1001-4000 BP-9
Unit
Charge

Unit
Charge
7:56.»

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
PROPOSAL SCHEDULE (2024-2025)
Quantity totals will likely be the accumulated total of numerous patch sites located within the City of Norco. Minimum move in cost is to apply only if total quantity completed per move-in is less than minimum cost of any individual item.

Item Description of Item Quantity Unit of Measure
No.
1 Sawcut or grind remove
and dispose of existing 1000 plus
pavement and construct
full depth AC 4-inch
thick (R&R) Above 4" Thickness
Construct 2-inch thick 2 AC overlay (Type III C2— 2000 plus AR—4000)
3 Adjust manhole covers
to finish grade per City 1 20
of Norco Standard 535
Grind, dispose & SF 4
repave, 0.10‘ depth 2000 plus
Remove, dispose & 0-1000 LF
replace Type C 6-inch
5 curb & gutter, per City 1001-3000 LF
Standard 200 3001 plus LF
Remove, dispose &
6 replace 4-inch thick 0_50O SF sidewalk, per SSPWC
BP-10
EA

L
F
L
"(
Koo

2.00 O .00
.00
.00
SF
SF
SF
SF
SF
SF
SF
LF
LF
SF
SF
SF
SF
Grind, dispose & 04000 12
repave, 2" depth
1001 plus

PROPOSALS FOR THE

CITY OF NORCO ' ANNUAL ON-CALL STREET MAINTENANCE PROGRAM PROPOSAL SCHEDULE (2024-2025)
Quantity totals will likely be the accumulated total of numerous patch sites located within the City of Norco. Minimum move in cost is to apply only if total quantity completed per move-in is less than minimum cost of any individual item.

Item Description of Item Quantity Unit of Measure
No.

Remove, dispose & 0 — 50
replace 6-inch thick 51 300
cross gutter, per City
Standard 225 301 plus
1 - 100
8 Construct new 4-inch 101 _ 500
thick sidewalk per
SSPWC 501 - 1000
1001 plus
Construct new 6-inch
9 thick curb & gutter
I 0_25O
Type C per City
Standard 200 251-1000
10 Construct 6-inch AC 0_25O
Curb per RC Standard
212 251-1000
Construct 1-inch thick 0_-1000 11 AC leveling course 1001-4000 BP-11
Unit
Charge

California
N/A
Each proposer shall furnish a Unit Charge for each quantity range within each proposal item in the Schedule. Failure to do so will render the Proposal(s) incomplete and non-responsive.

PROPOSAL SELECTION
Proposal selection shall be made on the basis of lowest proposal for a pre-determined scenario.

Scenarios will be made available to proposers after close of proposal period. Unit prices from received proposals willbe inserted into scenario and calculated.

The Owner reserves the right to reject any or all proposals and proposal items.

The undersigned agrees that these contract proposal forms constitute a firm offer to the Owner which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Proposals. The undersigned also agrees that if there is a discrepancy between the written amount of the proposal price and the numerical amount of the proposal price, the written amount shall govern.
lf awarded a contract, the undersigned agrees to execute the formal contract, which will be prepared by the Owner for execution, within fourteen (14) calendar days following the Letter of Award for the contract, and willdeliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract.

The Proposer understands and agrees that the Unit Charge for each item is inclusive of all labor, materials, and equipment or supplies necessary to complete the work as described in the Proposal Documents. if this proposal is accepted, he undersigned Proposer agrees to enter into and execute the contract with the necessary erformance bonds and accept the Unit Charge as compensation in full for all work requested y City during the term of this Agreement.

Proposer‘
Hard &Ha er Inc.

By‘
32 Rancho Circle
Sign e Business Street Address
Michael Murra Lake Forest CA 92630
Type or Print Na e City, State and Zip Code
Vice President 714-444-1851
Title Telephone Number
Proposer’s/Contractor's State of
Incorporation
Partners or Joint Ventures:

Proposer’s License Number(s) 215952
BP—

Michael Murra Vic sident

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)

PROPOSAL SCHEDULE
Anti-Trust Claim
In submitting a proposal subject to review by a public purchasing body, the Proposer offers and agrees that if the proposal is accepted, it and its subcontractors will assign to the Owner, on behalf of the purchasing body, all rights, title and interest in and to all causes of action it and its subcontractors may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, materials, or services by the Proposer and its subcontractors for sale to the Owner, on behalf of the purchasing body, pursuant to the Proposal. Such assignment shall be made and become effective at the time the Owner, on behalf of the purchasing body, tenders final payment to the Proposer.

Cor orate Acknowled ment
If the proposer is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and is in good standing in the State of California , and that Michael Murra Vice President , whose title is
, is authorized to act for and bind the corporation.

RESPECTFULLY SUBMITTED:
714-444-1851
Telephone
714-444-2801
Fax Number
(SEAL - if proposal ' a orporation)
A til 28 2022
Name Date
215952 A C-8 & C12
Contractor's License No. Type of License
95—2251022 12/31/2023
Federal |.D. No. Expiration Date of License
EST
BP-13
Address: 32 Rancho Circle Lake rest CA 92630
Signature:

NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY PROPSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA }
}
COUNTY OF ORANGE }
Michael Murra , being first duly sworn, deposes
(Name of Affiant)
and says that he/she is Vice President of Hard & Ha er Inc. of (Title) (Name of Proposer)
the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf, of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price, or of that of any other proposer, or to fix any overhead, profit, or cost element of the proposal price or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Dated: A ri12 2 22
Proposer: Hard &Ha er Inc.

By:
(Sign re)
Michael M Vice President
(Typed e)
BP-14

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)

FORM TO ACCOMPANY NONCOLLUSION AFFIDAVIT
State of California
County of Riverside }
On , 2022
before me, the undersigned notary public, personally
appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s acted, executed the instrument.
s of the
true and
I certify under PENALTY OF PERJURY under the I
State of California that the foregoing paragraph
correct.

WITNESS my hand and official seal
(SEAL)
Signature of Notary
ATTENTION NOTAR . prevent fraudulent a
Title or type of cument:

Number of ages:

Signe s) other than named above:
}
} PLEASE SEE ATTACHED ACKNOWLEDGEMENT

OPTIO L

CAPACITY S) CLAIMED BY
IGNER:

I ividuaI(s)
orporate Of?cer(s):
_ Vice President
Partner(s)
Attorney—in-Fact
Trustee(s)
Subscribing Witness
Guardian/Conservator
Other
SIGNER IS REPRESENTING:

Name of person(s) or entity(ies)
Although the information requested below is optional, it could chment of this certificate to unauthorized documents.

Date of Document(s):

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE BP-15

State of California
County of
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189

MORGANE, RIERSON
Notary Public- California
orangeCounty
Commission# 2377551
’ MyComm.ExpiresOct 5, 2025 WNN
On April 23, 2Q22 before me, Mor an E. Rierson Nota Public , Date Here Insert Name and Title of the Officer personally appeared Michael Murra
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s'.) whose name(x) is/are subscribed to the within instrument and acknowledged to me that he/sh-re/they executed the same in his/haer/theirauthorized capacity(ies), and that by his/her/their signature(x) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Si atur of No ryPubIic
P/ace Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

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

Capacity(ies) Claimed by Signer(s)
Signer’s Name: MichaelMurray Signer’s Name:

Corporate Officer — Title 3): )[ce E[as'den1 Corporate Officer Tit|e(s):

Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:

Hard & Har er Inc.
©2014 NationalNotary Association - www.Nationa|Notary.org - 1-800—USNOTARY(1—800—876—6827) Item #5907 A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.

Oran e

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)
Labor Code Certification
I, the undersigned Proposer, am aware of the provisions of Section 3700 et. seq. of the Labor Code which requires every employer to be insured against liability for Workers‘ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and l, the undersigned Proposer, agree to and will comply with such provisions before commencing the performance of the work of this Contract.

Dated:

PROPOSER: Hard &Ha er Inc.

A 28 2022
BP—
Hard & Ha er, Inc.
irm Name
By Michael Mu , Vice President
Second Party

Michael M Vice President

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)
Nondiscrimination Certification
On behalf of the Proposer making this proposal, the undersigned certifies pursuant to the provisions of Labor Code Section 1735 that there will be no discrimination in employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sex of such persons; that all Federal, State, and local directives and executive orders regarding nondiscrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively.

Dated; A ri128, 2022
Hard & Ha er, Inc.
(Name of Proposer or Firm/Company)
BP-17
(Typed Name and Title)
Signature

M10 36 33’, V1 P 1 e?t Signature of Proposer
215952

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)
Financial And Technical Abilit And Ex erience
The proposer is required to state his financial ability and what work of a similar character to that included in the proposed Contract he has successfully performed and give references which wil enable the City of Norco to judge his responsibility, experience, skill and business and financial l ability to perform the Contract. Additional numbered pages outlining this portion of the proposal may be attached to this page.

In accordance with Senate Bill853, the Bidder further states that his Contractor's license is valid at the time of this proposal and is of appropriate class to perform the proposed work.

STATE OF CALIFORNIA, COUNTY OF ORANGE I
am the Vice President of, the proposer herein. l have read the foregoing Financial and Technical Ability and Experience Statement and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true.

Executed on A ri128 2022 at Lake Forest ,Ca|ifornia
(Date) (Place)
A C-8 & C12 12/31/2023
Type of License Exp. Date
BP-18
I declare, under penalty of perjury, that the foregoing is true and correct.

Contractor's License No.

Executed on A Til23, 2022 at Lake Forest , California

PROPOSALS FOR THE

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 THROUGH 2024-25)
Pro oser's Statement of Past Contract Dis ualifications The proposer is required to state whether such prospective proposer, any officer of such proposer, or any employee of such proposer who has a proprietary interest in such proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation, and ifso to explain the circumstances.

1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare?
Yes No X

2. Ifyes, explain the circumstances.

N/A
Signature of Proposer
ae1M a , ice President
BP—
I declare, under penalty of perjury, that the foregoing is true and correct.

..
. .4
Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation,presidedover the meeting.

A special meeting of the directorsof HARDY & HARPER, INC. was held at the principal of?ce of the corporation, on January j , 2021, at 11:00 am. pursuant to the call made by the Secretary and writtennotice waived by the directorsby signingthese minutes.

MINUTES OF THE SPECIAL MEETING
OF
HARDY & HARPER, INC.

Present at the meeting were all of the Directorsof the Corporation :

DANIEL MAAS
KRISTEN S. PAULINO

TESSA MAAS
The purpose of the meeting was to nominate and elect two Vice-Presidentsof the Company DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretaiy, TANNER HAMBRIGHT was elected Vice—Presidentof Strategic Development,and as Vice-Presidenthe is hereby authorizedto sign contracts on behalf of the corporation MICHAEL MURRAY was elected Vice-President/OperationsManager for the corporation with authorityto sign contracts on behalf of the corporation and authorized to Sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts.

X;
There being no further business it was moved second and carried that the meeting be L,
ISTEN P ULJNO, Director/Secretaly
“ 3/ ./‘d
SSAMAA ,D1re’&tor
DATED: January Li ,202
DANIEL.MAAS, Director/
adjourned

,. State of Ca'ifemia
M:c~._ QQW)Department of Industrial Reia?ons
Contractor Information Registration History
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CotvotakionEntity I-iumuel: C?é¥307t Fademt Employment ldeniifuuiion Number: 9Sv225§O2£ ?residcni Dianne: Game!'7' M53; Vet: Prosidamt Name: MiC~'~MELMUREA‘! Treasurer Name: Secretary Namz: $(R1S‘.’£.*.« S 9>As.;'iJNO CEOMama‘: D.-‘\¥*s‘§€L T MAAS A9 ~ ‘% - Agata M Sewké Nsnmc i:AN;E3. 7 b<MS Agent of Sarvke Mailing Amimss: 32 Ram:-.9 Cirdu Lam Eon-zt 92535 CA armed Siam-s of Armdoza ?té
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A-um» 5122

CITY OF NORCO

ANNUAL ON-CALL STREET MAINTENANCE PROGRAM
(FISCAL YEARS 2022-23 to 2024-25)

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 15th day of June, 2022 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Hardy & Harper, Inc., a corporation with its principal place of business at 32 Rancho Circle, Lake Forest, CA 92630 (hereinafter referred to as “Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by he City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing street and alley maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

Contractor desires to engage Contractor to render such services for the Annual Street Maintenance 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 fully and adequately supply the street and alley maintenance services on an asneeded basis necessary for the Project (“Services”). The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall be for three (3) years from July 1, 2022 to June 30, 2025. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this

Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of 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 Michael Murray – Vice President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.

3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of

the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be 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 $500.00 per working day:

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage

$1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.

(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Claims-Made Policies - If any coverage required is written on a claimsmade coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.

(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences.

Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at

all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed $100,000, 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. Not required.

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 14 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 fourteen (14) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered

to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Hardy & Harper, Inc
32 Rancho Circle
Lake Forest, CA 92630
Attention: Michael Murray – Vice 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 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.

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 selfinsurance 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.

Name of Contractor: Hardy & Harper, Inc.
*By:
______________________________________
Signature
Michael Murray, Vice President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgment
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

EXHIBIT A
Scope of Maintenance Services
The Services may include, but not be limited to, all labor, materials, tools, equipment, appurtenances and incidentals for sawcutting, removal and replacement of various PCC including: sidewalk, curb, gutter, cross-gutter, driveways, handicapped ramps, etc. Removal and replacement of AC, AB, vegetation, native materials, traffic loops, striping (temporary and permanent), legends and markings, AC berm, adjustment of existing manholes and valves, under sidewalk drains, grinding of 6-foot wide and 0.10-foot depth, grinding of 12-foot wide and

0.10-foot lateral or water service and all appurtenant work where directed by the Director of Public Works, or his designee, pursuant to the rates set forth in Exhibit C of this Agreement.

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.

Exhibit B
Schedule of Annual On-Call Street Maintenance Services
The Contractor shall perform the Services on an as-needed basis. Upon notification by the City of required maintenance work, the Contractor will respond to commence and proceed diligently to completion of work on weekdays, Saturdays, Sundays, and holidays as specified below:

Non-Emergency Work - The Contractor will be required to begin non-emergency work within 10 working days of notification and proceed without discontinuity in the progression of work over the intervening working days until completion. A penalty of $250 per day will be assessed for each day of delay of start beyond the start time as specified.

Prior to issuing a Notice to Proceed on a large work order in excess of 5% of the original total proposal price, the Engineer will schedule a preconstruction meeting to clarify the scope and order of work, required submittals and utilities.

The Contractor shall submit periodic progress reports to the Engineer by the tenth day of each month. The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. A detailed invoice shall be submitted with each request for progress payment.

Emergency Work - The Contractor will be required to begin work per set schedule of:

Time of Notification Repair Must Commence By
Prior to 12 Noon 5:00 PM the same day
After 12 Noon 9:00 AM the following day
Contractor shall proceed without discontinuity in the progression of work over the intervening days until completion. A penalty of $100 per hour for each hour after maximum response time will be assessed.

Liquidated damages will be assessed for late start or uncompleted work as specified in Section

3.2.7.1 of the Agreement. Failure of the Contractor to adhere to the above response requirement will be cause for the City to deduct any monies due or to become due to the Contractor under this Agreement.

Exhibit C
Compensation for Annual On-Call Street Maintenance Services (see attached Hardy & Harper Proposal)

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:

ANNUAL ON-CALL STREET MAINTENANCE CONTRACT
(FISCAL YEARS 2022-2023 THROUGH 2024-2025)
The general items of work to be done hereunder consist of:

Services may include, but not be limited to, all labor, materials, tools, equipment, appurtenances and incidentals for sawcutting, removal and replacement of various PCC including: sidewalk, curb, gutter, cross-gutter, driveways, handicapped ramps, etc. Removal and replacement of AC, AB, vegetation, native materials, traffic loops, striping (temporary and permanent), legends and markings, AC berm, adjustment of existing manholes and valves, under sidewalk drains, grinding of 6-foot wide and 0.10-foot depth, grinding of 12-foot wide and 0.10-foot lateral or water service and all appurtenant work where directed by the Director of Public Works, or his designee, pursuant to the rates set forth in Exhibit C of this Agreement. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2022.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact

The rate of premium on this bond is _________________________ per thousand.

The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is 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.

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.

9. Description of Project:

ANNUAL ON-CALL STREET MAINTENANCE CONTRACT
(FISCAL YEARS 2022-2023 THROUGH 2024-2025)
The general items of work to be done hereunder consist of:

Services may include, but not be limited to, all labor, materials, tools, equipment, appurtenances and incidentals for sawcutting, removal and replacement of various PCC including: sidewalk, curb, gutter, cross-gutter, driveways, handicapped ramps, etc. Removal and replacement of AC, AB, vegetation, native materials, traffic loops, striping (temporary and permanent), legends and markings, AC berm, adjustment of existing manholes and valves, under sidewalk drains, grinding of 6-foot wide and 0.10-foot depth, grinding of 12-foot wide and 0.10-foot lateral or water service and all appurtenant work where directed by the Director of Public Works, or his designee, pursuant to the rates set forth in Exhibit C of this Agreement.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or

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

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

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

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

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: _____________________________________________________

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 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.

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: _____________________________________

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.

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: ____________________________________________________

City Council

STAFF REPORT
Date: June 15, 2022 Agenda Item:

2.J.

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

Implementing Water Conservation Shortage Alert Condition, Response Level 2 RECOMMENDATION:

Adopt Resolution 2022-31 to implement Level 2 of the City's Emergency Water Conservation Program, to comply with the State Water Resources Control Board Emergency Water Conservation Regulation, restricting certain water uses in the City of Norco, California.

SUMMARY:

On May 24, 2022 public meeting, the State Water Resources Control Board (SWRCB), in accordance with applicable State laws and regulations adopted Resolution 2022-0018 - Emergency Regulation to Reduce Water Demand and Improve Water Conservation (see attached SWRCB Resolution). As a result, staff is recommending adoption of the attached resolution that will implement water conservation measures as described in the City of Norco Municipal Code Section 14.04.220 for Water Shortage Response Level 2 - Water Shortage Caution Condition, and shall provide notice to water service customers as described in Norco Municipal Code Section 14.04.220 (I)2.

BACKGROUND:

On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and

establish a ban on the irrigation of non-functional turf by entities in the commercial, industrial, and institutional sectors.

On May 24, 2022 public meeting, the State Water Resources Control Board (SWRCB), in accordance with applicable State laws and regulations adopted Resolution 2022-0018 (attached) - Emergency Regulation to Reduce Water Demand and Improve Water Conservation. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
The City of Norco previously adopted Norco Municipal Code Section 14.04.220 (attached Ordinance 1056) – Emergency Water Conservation Program and since August 2016 the City has continued to promote water conservation by enacting a Water Shortage Response Level 1 – Water Shortage Watch which encourages voluntary water conservation of 10 percent. Now based on the SWRCB recent emergency regulation and restrictions, staff is recommending the City Council implement Water Shortage Response Level 2 - Water Shortage Caution and to consider taking further action to address the drought conditions.

Pursuant to Section 14.04.220(I), water use restrictions must be approved by resolution of the City Council in the event of a critical water availability situation. Therefore, staff is recommending the City Council to adopt a resolution that will implement water conservation measures as described in the City of Norco Municipal Code Section

14.04.220 for Water Shortage Response Level 2 - Water Shortage Caution Condition, and shall provide notice to water service customers as described in Norco Municipal Code Section 14.04.220 (I)2.

In addition, the adopted resolution shall direct staff to bring forward a plan or ordinance that will address any State emergency measures required that are not addressed within Water Shortage Response Level 2, including:
• A public information and outreach campaign for water conservation. • A rule or ordinance limiting landscape irrigation to no more than two days per week, and prohibiting landscape irrigation between the hours of 10:00 am and 6 p.m. • Ban any uses prohibited by the emergency measures, including the irrigation of non-functional turf at commercial, industrial and institutional sites. It is understood that this prohibition is not meant to apply to trees and other perennial non-turf plantings to the extent water is required to keep the same healthy. Any ordinance or rule presented in the future shall address this subject.

FISCAL IMPACT:

Staff has determined there will be nominal costs associated the public messaging requirements related to implementing these emergency restrictions which can be absorbed as part of the existing Water Operations and Maintenance Budget.

RELATIONSHIP TO STRATEGIC PLAN:

The implementation of Water Shortage Response Level 2 is consistent with Strategic Plan Direction No. 4 - Communication & Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication; and No. 5 - Infrastructure & Asset Management:

Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

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):

SWRCB Reso No. 2022-0018
Resolution No. 2022-31
Ordinance 1056 - Latest Water Code Section

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018

TO ADOPT AN EMERGENCY REGULATION

TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. These proclamations urge Californians to reduce their water use.

3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors.

4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.

Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.

2 7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.

8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

9. SaveWater.CA.Gov is an online tool designed to help save water in communities.

This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.

10.Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

11.On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

12.Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

13.On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

14.The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts.

3 15.Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

16.The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

17.The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.

2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.

4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.

6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.

7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

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 May 24, 2022.

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

5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10) “Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section

6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.

7 (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. (f) The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

RESOLUTION NO. 2022-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NORCO, CALIFORNIA, TO ADOPT WATER CONSERVATION
SHORTAGE ALERT CONDITION RESPONSE LEVEL 2 TO

COMPLY WITH THE STATE WATER RESOURCES

CONTROL BOARD EMERGENCY WATER

CONSERVATION REGULATION, RESTRICTING CERTAIN
WATER USES, IN THE CITY OF NORCO, CALIFORNIA.

WHEREAS, the City of Norco ("City") owns and operates a public water system, serves more than 3,000 customers, is considered an "urban water supplier" as defined in Water Code section 10617, and is subject to the Urban Water Management Planning Act; and
WHEREAS, on April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and
WHEREAS, on March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of non-functional turf by entities in the commercial, industrial, and institutional sectors.

WHEREAS, on May 24, 2022 public meeting, the State Water Resources Control Board (SWRCB), in accordance with applicable State laws and regulations adopted Resolution 2022-0018 - Emergency Regulation to Reduce Water Demand and Improve Water Conservation; and
WHEREAS, Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”; and

Resolution No. 2022-31 - Water Conservation Shortage Alert

June 15, 2022
WHEREAS, the City of Norco previously adopted Norco Municipal Code Section

14.04.220 – Emergency Water Conservation Program and since August 2016 the City has continued to promote water conservation by enacting a Water Shortage Response Level 1 – Water Shortage Watch which encourages voluntary water conservation of 10 percent; and
WHEREAS, based on the SWRCB emergency regulation and restrictions, the City Council does hereby determine to implement Water Shortage Response Level 2 - Water Shortage Caution and to consider taking further action to address the drought conditions; and
WHEREAS, pursuant to Section 14.04.220(I), water use restrictions will be approved by resolution of the City Council in the event of a critical water availability situation.

NOW THEREFORE, the City Council of the City of Norco, California, does hereby find, determine and resolve as follows:

Section 1. The City of Norco City Council does hereby adopt this resolution to implement water conservation measures as described in the City of Norco Municipal Code Section 14.04.220 for Water Shortage Response Level 2 - Water Shortage Caution, and shall provide notice to water service customers as described in Norco Municipal Code Section 14.04.220 (I)2.

Section 2. That staff shall forthwith bring forward a plan or ordinance that will address any State emergency measures required that are not addressed within Water Shortage Response Level 2, including:
a) A public information and outreach campaign for water conservation. b) A rule or ordinance limiting landscape irrigation to no more than two days per week, and prohibiting landscape irrigation between the hours of 10:00 am and 6 p.m.
c) Ban any uses prohibited by the emergency measures, including the irrigation of non-functional turf at commercial, industrial and institutional sites. It is understood that this prohibition is not meant to apply to trees and other perennial non-turf plantings to the extent water is required to keep the same healthy. Any ordinance or rule presented in the future shall address this subject.

City of Norco, California
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 15, 2022 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IIN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on June 15, 2022.

Dana Roa, CMC, City Clerk
City of Norco, California
ATTEST:

Resolution No. 2022-31 - Water Conservation Shortage Alert

June 15, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on June 15, 2022.
______________________
Greg Newton, Mayor

ORDINANCE NO. 1056

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, AMENDING CHAPTER 14.04
"WATER SYSTEM" OF THE NORCO MUNICIPAL CODE TO
COMPLY WITH SB 998. CODE AMENDMENT 2019-07
WHEREAS, the City of Norco, the City owns and operates a public utility service for water for the citizens and businesses of Norco; and WHEREAS, both the City Council and staff strive to maintain the highest level of service possible within the capability of the personnel that manage and maintain the Water Utility; and
WHEREAS, Chapter 14.04, "Water System" has been updated and modified numerous times over multiple decades to reflect changing conditions and issues that impact the Water System; and
WHEREAS, the City Council now seeks to replace the existing Chapter 14.04 in its entirety and replace it with an updated version to comply with the provisions of SB 998.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO does hereby ordain, determine, and order as follows:

SECTION 1: Norco Municipal Code Chapter 14.04, "Water System," is hereby amended as follows:

14.04.005

14.04.007

14.04.010

14.04.020

14.04.030

14.04.040

14.04.050

14.04.060

14.04.070

14.04.080

14.04.090

14.04.100

14.04.110

14.04.120

14.04.130
Adoption
Water Utility Policy
Chapter 14.04

WATER SYSTEM
Definitions and Summary of Charges
Description of Service
Application for Service
Contracts
Establishment of Rates, Fees, Charges, and Deposits
Establishment and Re-Establishment of Credit
Deposits
Notices
Rendering and Payment of Bills
Disputed Bills
Discontinuance and Restoration of Service
Information Available to the Public
Temporary Service

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020

14.04.140

14.04.150

14.04.160

14.04.170

14.04.180

14.04.190

14.04.200

14.04.210

14.04.220

14.04.005
Continuity of Service
New Development and Main Extensions
Service Connections, Meters, and Customer's Facilities
Measurement of Service
Meter Tests and Adjustments of Bills for Errors
Service to Separate Premises and Multiple Units and Resale of Water Fire Protection
Cross Connection Program
Emergency Water Conservation Program

ADOPTION
The following rules and regulations for potable water and fire protection services by the City are hereby adopted.

14.04.007 WATER UTILITY POLICY
Under the provisions of the California Constitution and Chapter 14.04 of the Municipal Code for the City of Norco, the City owns and operates a public utility service for water for the citizens and businesses of Norco.

The objectives of the Water Utility are to plan and carry out the development of the water resources of the City for the greatest benefit to the area and to the citizens and businesses of Norco. This includes providing dependable service without discrimination for the residents of the City of Norco to the fullest extent possible, consistent with overall sound business principles in planning, in financing, in construction of facilities, and in the operation and maintenance of the City's Water Utility facilities. The accomplishment of these objectives will maximize the benefits to the public.

It is recognized that the City Council is the governing body of the City and as such is ultimately responsible to the citizens of Norco for the Water Utility. With the City Manager's direction and guidance, the City's Public Works Department management and supervisory personnel shall continually anticipate the water service and related needs of all the customers in the community and shall be responsive to their needs and requirements. Public Works staff shall strive to maintain the highest level of service possible within the capability of the personnel that manage and maintain the Water Utility.

14.04.010 DEFINITIONS AND SUMMARY OF CHARGES
APPLICANT: The person, association, developer, corporation, or governmental agency applying for water service.

APPLICATION: A written request to the Water Utility, on a form supplied by the Utility Billing for service, as distinguished from an inquiry as to the availability of or charges for such service.

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
BACKFLOW PREVENTION DEVICE: An approved device or means to prevent backflow from the customer's private plumbing system into the Water Utility's potable water system.

BILLING PERIOD: The time interval for monthly billing shall be considered a period of between 28 to 32 days.

BOARD: Means the State Water Resources Control Board.

CHECK READ CHARGE: A charge assessed to any customer that makes a request to the Utility Billing to conduct another meter read pertaining to a previous bill.

CITY: The City of Norco, California, a municipal corporation.

CITY CLERK: The City Clerk of the City of Norco, California.

CITY COUNCIL: The City Council of the City of Norco, California.

CLASS OF WATER SERVICE: The categories of water service established by the various Rate Schedules. The classes of water service are: Residential, Commercial, Industrial, Multi-Family, Landscape, Fireline, Temporary, and Municipal.

COMMERCIAL SERVICE: The class of water service rendered to premises devoted primarily to operations or services for profit or non-profit.

CONSTRUCTION METER: See Temporary Construction Meter
COST: Means the cost of labor, material, transportation, supervision, engineering, legal services and all other necessary overhead expenses.

CROSS-CONNECTION: Means any physical connection between the piping system from the City service and that of any other water supply that is not, or cannot, be approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the City distribution mains.

CUSTOMER: The person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his name, regardless of the identity of the actual user of the service.

CUSTOMER'S MAILING ADDRESS: The address specified in a customer's application or contract, or any other address subsequently given to the Utility Billing by the Customer, to which any notice or other communication is to be mailed.

DAMAGED LOCK CHARGE: Charge assessed when a customer damages or removes a lock that had placed on the service to prevent usage due to non-payment or theft of water.

Ordinance No. 1056, Chapter 14.04 Water System
Page4
January 15, 2020
DATE OF MAILING: The date upon which a bill or notice is mailed to the Customer.

DEPOSIT: Prepayment requirement for establishment of any water service.

DIRECTOR OF PUBLIC WORKS: The Chief Administrative Officer of the Department of Public Works of the City of Norco, California.

DISTRIBUTION MAINS: Pipelines located in streets, highways, public ways, easements, or private rights-of-way, exclusive of service connections, which are used to serve the general public with water.

FINANCE DIRECTOR: The Chief Administrative Officer of the Fiscal and Support Services Department of the City of Norco, California, which oversees the day-to-day operation of Utility Billing.

FIRE CHIEF: The designated Fire Chief of the City of Norco, California.

FIRE FLOW TEST FEE: A fee assessed to any contractor that requests the Water Utility to conduct a flow test on a specific hydrant.

FIRELINE SERVICE: The class of water service used exclusively for fire protection, whether said lines are connected with an automatic sprinkling system or private fire hydrants.

INDUSTRIAL SERVICE: The class of water service rendered to premises where the water is used primarily in manufacturing or processing activities.

INSPECTION FEE: A fee assessed to reimburse the Water Utility for inspection services on all water related infrastructure improvement projects.

JUMPER: The deliberate bypass or connection around the water meter between the service and the main.

JUMPER FEE: Fee assessed to a customer who deliberately jumps or bypasses the water meter to obtain water service.

LANDSCAPE SERVICE: The class of water service rendered to premises where the water is used solely in watering of landscape areas such as turf and shrubs.

LATE PAYMENT PENALTY: Penalty assessed to a customer who fails to make the full payment of the Utility Bill by the specified date.

MAILED: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office box, postage prepaid.

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
MAIN EXTENSION: The extension of water transmission and distribution mains beyond existing facilities.

METER: An instrument used for measuring the water delivered to the customer. Meters shall be installed on all customer permanent water services.

METER ASSEMBLY: A part of the service connection that includes the meter and associated appurtenances necessary for testing and maintenance.

METER READING: Meters shall be read by Utility Billing at intervals of approximately one (1) month or 30 days, or as near thereto as the convenient operation of the Water Utility will permit. The interval between two (2) successive meter readings shall be between 28 to 32 days and regarded as a monthly period for the purpose of computing and rendering bills.

METER TEST DEPOSIT: A required deposit that must be provided in advance by a customer to Utility Billing in order for the Water Utility to test the customers meter.

MUL Tl-FAMILY SERVICE: An apartment building, duplex, court group, or any other group of residential units located on a single premise (minimum of four units/condos), providing the residential units therein meet the requirements for a single family accommodation.

Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts consisting primarily of guest rooms and/or transient accommodations are not classed as multi-family accommodations.

MUNICIPAL SERVICE: The class of water service for buildings or facilities operated and maintained by the City of Norco or other governmental institutions.

NEW ACCOUNT SETUP FEE: A fee assessed to a customer to setup a new water service.

OWNER: Means the person or the persons in whose name the legal title to the property appears by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself/herself, or as executor, guardian or trustee of the owner.

PERMANENT SERVICE: Service which, in the opinion of the Water Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nature.

PERSON: Any individual, group, firm, company, developer, partnership, or organization operating as a single entity.

PLAN CHECK FEE: A fee assessed in order to compensate the Water Utility to review submittals or plans for a construction project.

POINT OF DELIVERY: The point where the piping of the potable public water system is connected to the piping of the customer's property, regardless of the location of the Water

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
Utility's meter. Exception, for Fireline Services the point of connection is prior to the backflow device.

PREMISES: Means a lot or parcel of real property under one ownership, except that any separate structure under one roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

PULLED METER FEE: A fee assessed in order to compensate the Water Utility for removing a meter and installing a plug to prevent a customer from tampering and using water illegally.

RATE CHARGES: Charges in the rate schedules may include the following:

WATER SERVICE CHARGE: Fixed monthly fee based on the size of your meter which is designed to recover a portion of the operating and maintenance expenses for the water system in accordance with City adopted rate schedule.

WATER USAGE CHARGE: Units of water measured monthly through your meter times the established water rate in accordance with City adopted rate schedule.

RESIDENTIAL SERVICE: The class of water service provided to single and multifamily accommodations (three or less units/condos) for household purposes, including water used on the premises for sprinkling lawns, gardens, and shrubbery, washing vehicles, and other similar and customary purposes pertaining to single or multi-family accommodations.

RETURNED CHECK FEE: A fee assessed for any check that is returned unpaid for any reason
SERVICE CONNECTION: The pipeline and appurtenances such as the curb stop, meter and meter box, if any, all used to extend water service from a distribution main to premises.

Where services are divided at the curb or proper line to serve several customers, each such branch service shall be deemed a separate service.

SERVICE TURN-OFF CHARGE: The charge assessed when a customer's water service is turned off due to non-payment.

SERVICE TURN-ON CHARGE: The charge assessed to turn-on the water service after the service has already been requested to be closed.

SHUT-OFF NOTICE: The official notice from Utility Billing (mailed, hand delivered, or by automated phone message system) informing the customer that the water service will be shut-off.

TEMPORARY CONSTRUCTION METER: A meter provided and installed by the Water Utility on a publicly-owned fire hydrant to supply water for construction projects.

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
TEMPORARY SERVICE: The class of water service for enterprises or activities which are temporary in character, or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Water Utility, is for operations of a speculative character or the permanency of which has not been established, is also considered temporary service.

THEFT OF WATER: This shall mean the taking of water from any water main, fire hydrant, service, or facility without a meter, permit, or application as provided for in Norco Municipal Code Chapter 14.04, or with the intent to avoid payment thereof.

TRACT OR SUBDIVISION: An area which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder, or by several builders working on a coordinated basis.

UTILITY BILL: A document provided to each customer on a monthly basis that reports the amounts owed to the City of Norco for services provided, such as water, sewer, and trash service.

UTILITY BILLING: A subdivision of Fiscal and Support Services Department responsible for providing customer assistance regarding water, sewer and trash services.

UTILITY'S OPERATING CONVENIENCE: The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Water Utility's operations. It does not refer to customer convenience or to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules, or regulations, or similar requirements of public authorities.

WATER UTILITY: A division of the City of Norco Department of Public Works responsible for managing, operating and maintaining the City of Norco Water System.

14.04.020 DESCRIPTION OF SERVICE
A. CUSTOMER CLASSIFICATIONS

1. Residential Service: The class of water service supplying water to single and multifamily accommodations (three or less units/condos) for household purposes, including water used on the premises for sprinkling lawns, gardens, and shrubbery, washing vehicles, and other similar and customary purposes pertaining to single or multi-family accommodations.

2. Multi-Family Service: An apartment building, duplex, court group, or any other group of residential units located upon a single premises (minimum of four units/condos), providing the residential units therein meet the requirements for a single family accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts,

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
and trailer courts consisting primarily of guest rooms and/or transient accommodations are not classed as multi-family accommodations.

3. Commercial Service: The class of water service rendered to premises devoted primarily to operations or services for profit or non-profit.

4. Industrial Service: The class of water service rendered to premises where the water is used primarily in manufacturing or processing activities.

5. Landscape Service: The class of water service rendered to premises where the water is used solely in watering of landscape areas such as turf and shrubs. May not be used for drinking water purposes.

6. Municipal Service: The class of water service for buildings or facilities operated and maintained by the City of Norco or other governmental institutions.

7. Fireline Service: The class of water service used exclusively for fire protection, whether said lines are connected with an automatic sprinkling system or private fire hydrants.

8. Temporary Service: The class of water service for enterprises or activities which are temporary in character, or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Water Utility, is for operations of a speculative character or the permanency of which has not been established, is also considered temporary service.

B. QUANTITIES
The Water Utility will endeavor to supply water dependably and safely in adequate quantities to meet the reasonable needs and requirements of customers.

C. PRESSURES

1. Normal Operation and Variations
The Water Utility will endeavor to maintain normal operating pressures of not less than 40 pounds per square inch nor more than 125 pounds per square inch at the service connection, except that during periods of hourly maximum demand, the pressure at the time of peak seasonal loads may not be less than 40 pounds per square inch and that during periods of hourly minimum demand the pressure may not be more than 150 pounds per square inch. Variations in pressure under normal operation will not exceed 50 percent of the average operating pressure. (The average operating pressure is the arithmetical average of at least 24 consecutive hourly pressure readings.) Due to topography and other causes, the pressure is not uniform over the entire service area, and the Water Utility reserves the right to change to different pressures in various areas served.

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020

2. Customer Responsibility
Where higher or lower pressures than those provided by the Water Utility at the point of service connection are required, it shall be the customer's responsibility to install and maintain necessary booster pumps, pressure regulators, pressure relief valves, etc. The City assumes no responsibility for loss or damage due to lack of water or low or high pressure.

D. QUALITY
Whenever furnished for human consumption or for domestic uses, the Water Utility will endeavor to provide water that is wholesome, potable, in no way harmful or dangerous to health, and insofar as practicable, free from objectionable odors, taste, color, turbidity and meets all State and Federal water quality standards.

E. SERVICE AREA
The area in which service is or will be furnished by the Water Utility is that area which is within the City boundaries as the boundaries now prevail or may from time to time exist and excludes those areas serviced by private water sources. The Water Utility may provide water service to a customer outside its service area if there is no other agency with infrastructure to provide said water service or with permission of the applicable water provider. The rate for providing said water service out of the service area will be based on the currently adopted rate by the City.

14.04.030 APPLICATION FOR SERVICE
A. APPLICATION FOR SERVICE
Each applicant for water service may be required to sign an application on a form provided by Utility Billing, and upon request, will be required to furnish to following information:
1 . Name of applicant

2. Date and place of application

3. Location of premises to be served

4. Date applicant will be ready for service

5. Social security number and/or driver's license

6. Customer's mailing address and contact number

7. Whether applicant is owner, tenant of, or agent for the premises

8. Legal owner information

9. Information to establish credit of applicant

10. Such other information as the Utility Billing may reasonably require The application is a request for service and does not in itself bind the Water Utility to serve, except under its adopted rate schedules, nor does it bind the customer to take service for a longer period than the minimum requirements of the rate schedule.

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
All new accounts will be assessed a one-time "New Account Setup Fee" as specified in the adopted fee resolution.

B. INDIVIDUAL LIABILITY FOR JOINT SERVICE
Two or more persons who join in one application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill mailed to the person designated on the application to receive the bill.

C. OWNER/ RENTER LIABILITY

1. Tenants or renters may sign up for utility services (including water) if they can provide a copy of the rental agreement and written permission from the property owner or their duly authorized designee on the City of Norco Owner-Tenant Utility Services Form.

2. In the event any fees and other charges due from any occupant for any customer class, as provided for in this section, should become due and payable and fall delinquent, the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly and severally liable for the payment of all such fees and charges which have fallen delinquent. For this reason, the owner of the property must provide written authorization to the renter to sign up for service using the appropriate form provided by Utility Billing.

D. CHANGE IN CUSTOMER'S EQUIPMENT OR OPERATIONS
Customers shall give the Water Utility written notice of the extent and nature of any material change in the size or character of the plumbing, equipment, or operations for which the Water Utility is supplying service before making any such change.

E. DEPOSIT
The Water Utility's deposit policy is designed to assess the credit risk associated with all customer applications for new or continued service, while protecting the assets of the Water Utility. No Water Utility service shall be provided to any applicant for the commencement of such services or for the restoration of such services until said applicant has paid to Utility Billing a deposit in the amount specified in the adopted fee resolution. Said deposit shall be made in the form of cash, money order, credit, or debit unless waived by the Finance Director or his/her duly appointed representative.

Said deposit shall be retained by Utility Billing until the water services have been terminated by the customer or by Utility Billing for nonpayment of billings for services within the time established by appropriate City of Norco ordinances and resolutions.

Upon the termination of said services, Utility Billing shall credit the deposit toward any outstanding billing due and owing, by the applicant, for any or all services. After Utility Billing has made such credit, if there be such, that portion of the deposit not so credited

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020
shall be refunded to the applicant. The Finance Director or his/her duly appointed representative may waive all or a portion of the deposit at his/her discretion.

Residential customers may request a refund of any deposit held on their account after a period of 18-months. Said refund will only be granted if the customer had a payment history that was on-time and without any delinquent fees for 18 consecutive billing periods. The deposits for all other customer classifications are not eligible for a refund until the account is closed.

F. CHANGE OF ADDRESS
Water seNice shall not be provided to any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business have been paid.

G. OTHER CONDITIONS OF SERVICE
Before water seNice can be provided by the Water Utility, the customer shall obtain any approval of facilities furnished or installed by customer which may be required by the Building Department or the Fire Department of the City of Norco or any other authority whose approval is required by law.

H. PRESSURE AND SERVICE CONDITIONS
The signing of an application for a water connection or for water seNice shall be prima facie acceptance and consent to such conditions of pressure and seNice as may from time to time exist, under the current operating practice prevailing on the water system of the Water Utility. The applicant thereby agrees to hold the Water Utility harmless from any and all damage caused by or arising out of low or high fluctuating pressure or interruption of seNice.

14.04.040 CONTRACTS
A. SERVICE REQUIRING CONTRACTS
Contracts, other than applications, may be required prior to seNice, under the following conditions:

1. Where required by provisions in these rules and regulations.

2. When a main extension is to be made under the provisions of Section 14.04.150 is subject to refunds.

3. For temporary seNice not covered under the provisions of Section 14.04.130.

4. For any seNice to be furnished at rates or under conditions other than the rates and conditions contained in these rules and regulations.

Ordinance No. 1056, Chapter 14.04 Water System

January 15, 2020

5. When service is requested to supply a premises situated at such an elevation that it cannot be assured of a water supply at adequate pressure, water service shall not be furnished until the property owners of record execute an agreement to accept such water service as the Water Utility is able to furnish from its existing distribution system and provide any additional facilities required by any applicable law or plumbing code.

6. For connections with other water utilities.

7. For special standby service.

B. CONTRACT
Contracts shall become effective only after authorization by the Department of Public Works and City Attorney's office.

14.04.050 ESTABLISHMENTS OF RATES, FEES, CHARGES AND DEPOSITS As stated in various sections of this Water ordinance, the City Council shall establish and approve all rates, fees, charges, and deposits by resolution and within proper public notification guidelines as required by federal or state rules and regulations. A copy of all current rates, fees, charges, and deposits shall be provided upon request and listed on the City's website.

14.04.060 ESTABLISHMENT AND RE-ESTABLISHMENT OF CREDIT
A. ESTABLISHMENT OF CREDIT - ALL CLASSES OF SERVICE
Each applicant for Water Utility service shall be required to satisfactorily establish credit which will be deemed established upon qualifying under any one of the following:

1. If applicant makes a deposit to secure payment of bills for service as prescribed in Section 14.04.070.

2. If applicant furnished a guarantor, satisfactory to Utility Billing, to secure payment of bills for service requested.

3. If applicant's credit is otherwise established to the satisfaction of Utility Billing.

B. ESTABLISHMENT AND RE-ESTABLISHMENT OF CREDIT

1. An applicant who previously has been a customer of the Water Utility and whose service has been discontinued by Utility Billing during the past twelve months of that prior service because of nonpayment of bills may be required to re-establish credit

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by depositing the amounts prescribed in Section 14.04.070 for that purpose, and by paying utility bills regularly due.

2. A customer who fails to pay bills before they become past due as prescribed in Section 14.04.11 0(A), and who further fails to pay such bills by the date indicated on either the automated "discontinuance of service" phone notice or the notice deposited in any Unites States Postal Office Box for nonpayment of bills, may be required to pay said bills and re-establish credit by depositing the amount prescribed in Section 14.04.070. This rule will apply regardless of whether or not service has been discontinued for such nonpayment.

3. A customer may be required to re-establish credit in accordance with Section

14.04.060(A) in case the conditions of service or basis on which credit was originally established have, in the opinion of Utility Billing, materially changed.

14.04.070 DEPOSITS
A. GENERAL

1. No water service shall be provided to any applicant for the commencement of such services or for the restoration of such services until said applicant has paid to Utility Billing a deposit.

2. No water service shall be provided until the applicant has established financial responsibility to the satisfaction of the City's Finance Director or his/her duly appointed representative. This can be accomplished by providing the following:
a) non-interest bearing deposit established and adopted fee resolution; b) letter from a California Department provider indicating one or more years of satisfactory payment history;
c) a prior account with the City of Norco within the previous two (2) years with satisfactory payment history.

B. AMOUNT OF DEPOSIT

1. The amount of deposit for a "New Account" shall be as specified in the adopted fee resolution.

2. In case the new service requested is for a vacant property that is for sale or between rental tenants, the owner of listing party shall pay a deposit amount listed as deposit for "Clean and Show" in the fee resolution adopted by City Council.

3. The Finance Director or his/her duly appointed representative can establish additional financial responsibility requirements for individual accounts which had late penalties or have had service discontinued.

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4. The Finance Director or his/her duly appointed representative may waive all or a portion of the deposit at his/her discretion.

C. METHOD OF PAYMENT
Deposit shall be made in the form of cash, money order, debit or credit card unless waived by the Finance Director or his/her duly appointed representative.

D. RETURN OF DEPOSIT
Residential customers may request a refund of any deposit held on their account after a period of 18-months. Said refund will only be granted if the customer had a payment history that was made in full, on-time, and without any fees for 18 consecutive billing periods. The deposits for all other customer classifications are not eligible for a refund until the account is closed.

E. INTEREST ON DEPOSITS
There shall be no interest paid on Deposits collected by the Utility Billing.

F. DEPOSITS FOR TEMPORARY SERVICE
Deposit requirements for temporary service shall be specified in Section 14.04.130, Temporary Service.

14.04080 NOTICES
A. NOTICES TO CUSTOMERS
When notices from Utility Billing to a customer are required, they will normally be given in writing, either mailed to the customer's mailing address or hand delivered; by automated phone notification or posted in the local newspaper of record; except that in emergencies, the Water Utility may give notices in the manner most suitable under the existing conditions (radio, television, telephone, etc.).

B. NOTICE FROM CUSTOMERS
Notices from a customer to the Utility Billing may be given by written communication mailed to Utility Billing or City Clerk's office.

14.04.090 RENDERING AND PAYMENT OF BILLS
A. RENDERING OF BILLS

1. Billing Period

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Bills for water service will be rendered monthly via the Utility Bill, or as otherwise provided in the rate schedules. The Finance Director may change the billing period for customers if such change is considered in the best interests of the Water Utility.

2. Metered Service
a. Bills for metered service will be based on meter registrations. Meters will be read as required for the preparation of regular bills, opening bills, and closing bills.

Monthly bills will be prepared based on meter reading that are collected every 28 to 32 days.
b. Estimated Meter Reading - If because of unusual conditions or for reasons beyond its control, Utility Billing is unable to read the customer's meter on the scheduled reading date, Utility Billing may bill the customer for estimated consumption during the billing period and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's average prior usage over the past 12 billing periods, and the general characteristics of the customer's operations. Adjustments for any underestimate or overestimate of a customer's consumption will be reflected on the next regularly scheduled bill rendered and based on the actual reading following the period of estimated consumption. If the cause for Utility Billing's inability to read the meter is because of inaccessibility, then access to the meter sufficient to it being read shall be provided by the customer as a prerequisite to Utility Billing making any adjustment of water consumption billed on an estimated basis.
c. Adjustments for Billing Error - When it is found that an error in billing has occurred due to a Utility Billing error, the date of which can be reliably established, the overcharge or the undercharge will be computed back to such date provided, however, that adjustment of Water Utility billing errors shall be limited to the immediate preceding four (4) month period.

3. Pro Rata Computation
When the total period of service is less than 28 days, pro-rations will be made for the Water Service Charge. The Water Usage Charge shall be billed based on the closing reading of the water meter.

B. READINGS OF SEPARATE METERS NOT COMBINED
For the purpose of billing, each meter upon the customer's premises will be considered, separately, and the readings of two or more metered services will not be combined, except as follows:

1. Where combinations of meter readings are specifically provided for in the rate schedules.

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2. Where the Water Utility's operating convenience requires the use of more than one meter per service connection.

C. PAYMENT OF BILLS

1. All bills are due and payable upon date of mailing indicated on the utility bill.

Customers will be assessed a "Late Charge" for any unpaid balance twenty-five days after the bill is deposited in the mail. Payment shall be made to the City of Norco.

2. Charges for reconnection of service, and payments of deposits or payments to reinstate deposits as required under these rules and regulations, shall be paid before service will be reconnected.

3. If payment of a bill is not received by Utility Billing's office on or before the due date, a "Late Charge" as designated in the fee resolution adopted by City Council and will be added to the total amount due.

4. The Finance Director or his/her designee may upon request and at their discretion provide a customer with a payment plan to allow the customer to pay past due amounts over a specified period of time. The customer must sign a written agreement that will outline the total amount overdue and how this amount will be spread over a defined period of time. No payment plan may be longer than 12- months unless authorized by the City Manager. In order to keep the payment plan in good standing, the customer will be expected to pay the monthly overdue payment amount plus the entire current regular utility bill.

If the customer fails to comply with the terms of the agreed upon payment plan (monthly overdue payment amount plus the entire current regular utility bill) for sixty (60) days or more, Utility Billing may discontinue water service to the customer's property. Utility Billing will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuation of service. The final notice will not entitle the customer to request a new payment plan or appeal process until the account is brought into good standing as determined by Utility Billing.

D. RETURNED CHECK CHARGE
Utility Billing shall require a charge for any check returned from the bank unpaid. The amount of said charge shall be per the fee resolution adopted by City Council.

E. CHECK READ CHARGE
When a customer requests that Utility Billing verify the accuracy of the read as shown on the bill, Utility Billing shall charge a "Check Read Charge" as designated in the fee resolution adopted by City Council for sending a field representative to the service address to obtain another reading of the meter. Such charge shall be added to the

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customer's next regularly scheduled water bill. If said check read shows that the previous read is in error, no "Check Read Charge" would be imposed.

14.04.100 DISPUTED BILLS
A. BILLED WATER CONSUMPTION

1. A customer who believes that the water consumption portion of the utility bill is in error must first contact Utility Billing either in person, by phone or in writing before the due date on the bill stating the nature of their dispute. Utility Billing shall contact the customer within ten (10) days from the date the dispute is received with a determination. Once a determination has been provided by Utility Billing the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from Utility Billing's determination if the due date has already expired.

B. DISPUTED WATER BILL APPEAL

1. If the customer is not satisfied with the determination by Utility Billing, the customer may formally appeal the disputed bill in question to the Director of Public Works for review by submitting a written statement setting forth the reasons why the customer believes the bill is incorrect. The customer must submit the appeal within seven (7) days of the initial dispute determination to the Director of Public Works, City of Norco, 2870 Clark Ave, Norco, California 92860. However, in order to have the disputed bill considered by the Director of Public Works, the customer must submit a payment equal to the customer's most recent paid utility bill to Utility Billing (payable to the City of Norco). Upon timely receipt of the written statement and payment, the Director of Public Works or his/her designee will review the basis of the billed amount, and communicate the results of the review and determination to the customer. Once a determination has been provided by the Director of Public Works the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from the Director of Public Works determination if the due date has already expired.

A customer who formally disputes the accuracy of the water consumption portion of a utility bill will not have the water service discontinued for nonpayment and will not be responsible for any late fees that may occur during the review period. If before completion of the Director of Public Works review, an additional bill becomes due the customer must send payment (payable to the City of Norco) for the entire amount of the additional bill. Failure to do so will constitute acceptance by the customer of the bill(s) as rendered, and authorize discontinuance of service in accordance with Section 14.04.110.

2. Failure of the customer to file a written appeal with the Director of Public Works and provide a good faith payment to Utility Billing within the required seven (7) day period will constitute acceptance by the customer of the initial bill determination

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rendered, and Utility Billing may authorize discontinuance of service in accordance with Section 14.04.110.

3. If the customer is not satisfied with the written determination of the Director of Public Works the customer may submit a written appeal to the City Council. The appeal must be submitted in writing to the City Council, City of Norco, 2870 Clark Ave, Norco, California 92860, together with reasons for the dispute within ten (10) days following receipt of the Director of Public Works' determination. In the absence of a timely filed appeal, the decision of the Director of Public Works shall be final. Upon receipt of a timely appeal, the City Clerk shall then place the matter on the agenda of the next regular meeting of the City Council for consideration. A written decision of the City Council determination shall be delivered to the customer by personal delivery or certified mail within ten (10) days following the appeal hearing. Once a determination has been provided by the City Council the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven (7) days from the City Council's determination if the due date has already expired.

14.04.110 DISCONTINUANCE AND RESTORATION OF SERVICE
A. PAST DUE UTILITY BILLS
All Utility Bills are due and payable based on the date of mailing indicated on the Utility Bill and customers may avoid a "Late Charge" if the bill is paid in full on or before the due date shown on the bill.

B. NONPAYMENT OF UTILITY BILLS

1. A customer's water service may be discontinued for nonpayment of a bill for service rendered at any location served by the Water Utility provided such bill is delinquent on payment for at least sixty (60) days from original date of mailing of the initial Utility Bill. No less than seven (7) business days before discontinuation of residential service for nonpayment, Utility Billing shall contact the customer named on the account by telephone or written notice. The customer will continue to be charged the monthly "Water Service Charge" during the period the meter has been disconnected due to nonpayment.

2. Discontinuance of service or "Shut-off Notice" will be delivered fourteen (14) days prior to discontinuation by written notice delivered by mail to provide the "Shut-off Notice" to the customer and/or the property where service is provided.

3. If the customer's billing address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to "Occupant."

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4. If Utility Billing is unable to make contact with the customer or an adult occupying the residence by written notice because it is returned through the mail as undeliverable, Utility Billing shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and Norco's water system policy for discontinuation of residential service for nonpayment.

5. If a customer is receiving more than one water service, any or all water services may be discontinued when any water service, regardless of location, is discontinued for nonpayment. However, single family residential service will not be discontinued because of nonpayment of bills for other classes of service, except when other classes of service serve the same premises.

6. As a condition to avoid discontinuation of service, the Finance Director or his/her designee, may offer options to avoid discontinuation of residential service, including, but not limited to discussing alternative payment schedules, deferred payments, minimum payments, how to request amortization of an unpaid balance, and how to petition for bill review and appeal. Utility Billing may choose which of the payment options the customer undertakes and may set the parameters of that payment option per Section 14.04.090 C(4).

C. EXCEPTIONS TO DISCONNECTION OF SERVICES
The City will not discontinue residential services if ALL the following conditions and requirements are met:

1. The customer, or a tenant of the customer, submits to Utility Billing a certification from a primary care provider, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.

2. The customer demonstrates (document) that he or she is financially unable to pay for residential service within the City of Norco water system's normal billing cycle.

The customer shall be deemed financially unable to pay for residential service within the City of Norco water system's normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level. Please note existing customers that participate in the City's Housing Utility Assistance Program (HUAP) does not automatically qualify the Customer for this requirement.

3. The customer is willing to enter into an amortization agreement, alternative payment schedule, partial or reduction of the unpaid balance, or temporary deferral of payment. Utility Billing may choose which of the payment options the customer

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undertakes and may set the parameters of that payment option per Section

14.04.090 C(4).

If the customer fails to comply with the terms of the agreed upon payment plan (monthly overdue payment amount plus the entire current regular utility bill) for sixty (60) days or more, Utility Billing may discontinue water service to the customer's property. Utility Billing will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuation of service. The final notice will not entitle the customer to request a new payment plan or appeal process until the account is brought into good standing as determined by Utility Billing.

D. UNSAFE EQUIPMENT AND CROSS-CONNECTIONS
The Water Utility may refuse or discontinue service to a customer if any part of the customer's plumbing, backflow prevention devices, or other equipment, or the use thereof, shall be determined by the Water Utility to be unsafe in violation of applicable laws, ordinances, rules, or regulations of public authorities, or if any condition existing upon the customer's premises shall be thus determined to endanger the Water Utility's service facilities, until it shall have been put in a safe condition or the violation remedied.

See Section 14.04.210 for additional regulations regarding the Water Utility's Cross Connection Program.

The Water Utility does not assume any responsibility of inspecting or repairing the customer's plumbing or other equipment or any part thereof and assumes no liability therefor.

1. Cross-connection items that create a basis for water service discontinuation shall include, but are not limited to, the following:
a. Refusal to install or test a backflow prevention device. b. Refusal to repair or replace a faulty backflow prevention device. c. Direct or indirect connection between the public water system and a sewer line. d. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.
e. Unprotected direct or indirect connection between the public water system and an auxiliary water system.
f. A situation which presents an immediate health hazard to the public water system.

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The Water Utility will terminate service to a customer's premises after a written notice has been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated. The water service will remain inactive until correction of violations has been approved by the Water Utility.

E. SERVICE DETRIMENTAL TO OTHER CUSTOMERS
The Water Utility will not provide service to any equipment, the operation of which will be detrimental to the service of the Water Utility or its other customers and will discontinue water service to any customer who shall continue to operate such equipment after having been given notice by the Water Utility to cease so doing.

F. FRAUD
The Water Utility may refuse or discontinue service if the acts of the customer or the conditions upon the premises are such as to indicate intent to defraud the Water Utility.

G. JUMPER
The deliberate bypass or connection around the water meter between the service and the main shall be prohibited. All water use, except as provided in the case of private fire protection, shall pass through the meter. Any customer identified to have deliberately jumped or bypassed the water meter to obtain water service shall be charged a "Jumper Fee" as stated in the fee resolution adopted by City Council.

H. FAILURE TO ESTABLISH OR RE-ESTABLISH CREDIT
If for an applicant's convenience, Utility Billing should provide service before credit is established or should continue service to a customer when credit has not been reestablished in accordance with Section 14.04.060, and fails to establish or re-establish credit, the Water Utility may discontinue service.

I. NONCOMPLIANCE
Except as otherwise specifically provided in this Section 14.04.110, the Water Utility may discontinue service to a customer for noncompliance with the rate schedules and the rules and regulations, if after written notice of at least five (5) days, the customer has not complied with the notice. The Water Utility may dispense with the giving of such notice in the event there exists, in the Water Utility's opinion, a dangerous condition, thus rendering the immediate discontinuance of service to the premises imperative.

J. CUSTOMER'S REQUEST FOR SERVICE DISCONTINUANCE
When a customer desires to terminate responsibility for service, Utility Billing shall be given not less than two days' notice of intention. The customer shall state the date on which termination becomes effective. A customer may be held responsible for all

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services furnished at the premises until two days after receipt of such notice by Utility Billing or until the date of termination specified in the notice, whichever date is later.

K. RESTORATION - RECONNECTION CHARGE

1. Utility Billing shall require a payment of a "Service Turn-Off Charge" as designated in the fee resolution adopted by City Council plus other associated fees or charges for each service that has been discontinued for nonpayment of bills or for failure otherwise to comply with rules prescribed by the Water Utility. Such charges shall be paid before service is reconnected; this charge is designated as the "Service Turn-Off Charge" in the fee resolution adopted by City Council.

2. If the customer turns on a service or allows or causes it to be turned on after it has been turned off for the above reasons, the Water Utility may lock off the meter or may remove the meter and not unlock or reinstall the meter until amounts due from the customer are collected or rules are complied with, and Utility Billing will charge the actual cost for restoration of a meter under these conditions. In addition, the customer shall be charged the cost for any and all damages to the meter or appurtenances.

3. If the customer turns on a service or allows or causes it to be turned on after it has been turned off for non-payment of a Utility Bill, by means of cutting or otherwise removing a city lock, they will be charged a "Damaged Lock Charge" as designated in the fee resolution adopted by City Council.

4. If a customer has illegally removed a lock the Water Utility may elect to remove the meter and install a plug to prevent the customer from illegally using water while the Utility Bill remains past due. In such cases the customer will be charged a "Pulled Meter Fee" as designated in the fee resolution adopted by City Council.

5. If the customer requests that service be permanently stopped there will be no charge for the final reading of the meter and turn off of the meter. If the customer contacts Utility Billing after the final reading and the water has been turned off, the charge to reconnect the services will be charged the same as a "Service Turn-On Charge" as designated in the fee resolution adopted by City Council.

6. All required payments must be received before 3:30 pm Monday through Thursday in order to receive same day restoral of water service, otherwise, restoral will be completed the next business day. Any customer that submits a payment after 3:30 pm and requests same day restoral will be assessed an "After-Hours Service TurnOn Charge" as designated in the fee resolution adopted by City Council. This accommodation will be provided at the discretion of Director of Finance or his/her designee and will be based on the availability of field staff at the time of request.

7. As a condition to re-establish service, the Finance Director or his/her designee, may elect to require the customer to provide an additional deposit toward the account.

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14.04.120 INFORMATION AVAILABLE TO THE PUBLIC

A GENERAL INFORMATION
The Water Utility will maintain, open for public inspection at its offices, pertinent information regarding the service rendered, including the following:

1. Characteristics of water
Copies of the most recent Annual Water Quality Report of the water supplied to customers.

2. Rates and rules
A copy of the rate schedules consisting of the rates, fees, chargers, deposits, and general rules of the Water Utility.

B. NEW OR REVISED RA TES
Should new or revised rates be established after the time application is made, the Water Utility will, within a reasonable time, use such means as may be practicable to bring them to the attention of those of its customers who may be affected thereby.

14.04.130 TEMPORARY SERVICE

A CONDITIONS OF SERVICE
The Water Utility shall, if no undue hardships to its existing customers will result there from, furnish temporary service for construction work, circuses, Christmas tree lots, bazaars, fairs, plumbing pressure testing, or other similar uses, that because of their nature will not be used steadily or permanently. All such services shall be subject to the following conditions:

1. Application for a temporary service permit with the appropriate deposit shall be made to Utility Billing. The deposit for temporary service shall be refunded after charges for water service charge, water consumption and the loss or damage of a meter and/or fittings have been deducted at the termination of service.

2. Temporary service connections may be terminated at any time and will be made at the discretion of the Water Utility.

3. Charges for loss or damage to a meter and fittings will be based upon current prices.

4. Temporary services shall generally be taken from existing outlets on the water system or from fire hydrants designated by the Water Utility. Any special outlets shall be installed at the customer's expense.

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5. Backflow prevention devices and approved plumbing materials may be required for certain types of uses and shall be installed at the customer's expense.

8. The temporary service permit must be kept at the job site at all times.

9. The temporary meter shall be available to be inspected by the Water Utility upon request.

B. METERED SERVICES
The Water Utility has developed a program to install a "Temporary Construction Meter" on a publicly-owned fire hydrant to supply water for approved construction projects. "Temporary Construction Meter" is not designed to provide potable water service in place of installing a permanent water service or for dust control on residential or commercial properties and will be subject to the following conditions:

1. Deposits for "Temporary Construction Meter" service shall be as follows per the fee resolution adopted by City Council.

2. Permit charge for "Temporary Construction Meter" service shall be per the 'Temporary Service Permit: Metered," as designated in the fee resolution adopted by City Council. This fee includes the installation and removal of the meter by the Water Utility. Meter is locked on the fire hydrant to prevent theft and insure meter is at authorized location for future inspection and meter readings.

3. 'Temporary Construction Meter" may be moved from one location to another, with the approval of the Water Utility. "Temporary Service Relocation Charge" as designated in the fee resolution adopted by City Council is charged for all relocations.

4. A "Monthly Service Charge" will be charged based on the 3" service connection provided by the City per the rate schedule adopted by City Council. If the temporary water service is used for a period less than 30 days then the monthly service charge will be prorated based on the actual number of days the service was in use.

C. UNMETERED SERVICES
If, in the opinion of the Water Utility, the setting of a temporary meter is impractical or uneconomical, a temporary unmetered service connection can be made. Unmetered connections will be subject to the following conditions:

1. Charge for unmetered services, other than spacers, shall be as follows:
a. Permit charge designated as "Temporary Service Permit: Unmetered" in the fee resolution adopted by City Council.
b. Commodity charge based on current rate and estimated quantity to be used.

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D. RATES
Rates for temporary service shall be approved and adopted by Resolution by City Council.

14.04.140 CONTINUITY OF SERVICE
A. SHORTAGE AND INTERRUPTION

1. The Water Utility will exercise reasonable diligence to furnish a continuous and sufficient supply of water to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption.

2. The Water Utility will not be liable for interruption or shortage of supply, nor for any loss or damage occasioned thereby.

3. Whenever, in the operation of the Water Utility's system, interruption in the delivery of water to customers results from or is occasioned by causes other than the exercise by the Water Utility of its right to suspend temporarily the delivery of water for the purpose of making repairs or improvement to its system, notice of any such interruption will not be given to the customers of the Water Utility, but the Water Utility shall exercise reasonable diligence to reinstitute delivery of water.

B. TEMPORARY SUSPENSION FOR REPAIRS
The Water Utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system will have the right to suspend temporarily the delivery of water. In all such cases, as reasonable notice thereof as circumstances will permit will be given to the customer, and the making of such repairs or improvements will be completed as rapidly as may be practicable and, if practicable, at such times as will cause the least inconvenience to its customers.

C. APPORTIONMENT OF SUPPLY DURING TIME OF SHORTAGE
Should a shortage of supply ever occur, the Water Utility will apportion its available supply of water among its customers as authorized or directed by the Director of Public Works in the manner that appears most equitable under conditions then prevailing.

D. USE OF WATER DURING EMERGENCY
In the case of an emergency necessitating the use of water from the City mains, the Fire Chief designee may limit the use of water on adjoining properties which in the opinion of the designee would prevent or hamper the water flows for the emergency.

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14.04.150 NEW DEVELOPMENT AND MAIN EXTENSIONS
A. GENERAL PROVISIONS

1. Applicability
a. New development shall be imposed a "Water Infrastructure Facilities Fee" (see Municipal Code Chapter 3.40) that is intended to provide funds for the construction of facilities to insure a continuing supply of potable water including pump stations, water reservoir facilities, wells, treatment facilities and waterlines. b. All extensions of distribution and transmission mains from the Water Utility's existing water system to serve new customers shall be made under the provisions of this rule.
c. Extensions solely for temporary, standby, or supplemental service shall not be made under this rule.
d. The Water Utility may extend transmission and distribution mains prior to development at its cost, provided these extensions are considered to be in the best interests of the Water Utility. The total cost of any such extension shall be reimbursed to the Water Utility by the owner or developer of properties benefited by said extension by payment of Water Infrastructure Facilities Fee at the time application for water service is made.
e. The Water Utility may approve extensions under this rule in easements or rights of way where final grades have not been established or where street grades have not been established. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will change, the Water Utility shall require that the applicant or applicants for the main extension deposit the estimated net cost of relocating, raising, or lowering facilities upon establishment of final grade.
f. The design of an extension shall be based upon:

1. The provisions of adequate capacity to meet the present and future requirements of the area to be benefited.

2. Distribution system operational needs and efficiency.

3. Maintenance requirements.

4. Anticipated life of extension.
g. Main extensions shall generally be located on dedicated City streets or on rights of way granted to the City of Norco or water main location. Under no circumstances shall any building or private structure be placed over or around any water main or extension, unless first approved by the Director of Public Works along with conditions such as provisions for ready and easy access to any and all parts or points of such main or extension.

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h. Materials and standards of construction shall be those which have been adopted and are used by the Water Utility for the area and class of service to be provided. i. The design, location, materials, and standards of construction of any and all extensions shall be approved by the Director of Public Works or his/her designee.
j. All extensions shall originate at the nearest adequate existing main as determined by the Director of Public Works or his/her designee and shall extend the full length of the property to be provided with water service.

2. Special Conditions
a. Special conditions of service and related matters applicable to these rules and regulations not expressly covered shall be resolved by the Director of Public Works.
b. In unusual circumstances, when the application of these rules appears impractical or unreasonable, the applicant may refer the matter to the Director of Public Works for special ruling or for the approval of special conditions, which are agreed upon prior to commencing construction. If the matter is not satisfactorily resolved with the Director of Public Works, the applicant may petition the City Council for final determination.

B. EXTENSIONS TO SERVE INDIVIDUALS, SUBDIVISIONS, TRACTS, AND

COMMERCIAL AND INDUSTRIAL DEVELOPMENTS

1. Distribution Mains
Where a distribution main must be extended to a new subdivision or development, the entire cost of the main shall be paid for and be installed by the developer of the property to which the system is extended.

The Director of Public Works may determine that the best interests of the distribution system would be served by a main larger than that required by the applicant's needs and require the applicant to install a larger size main. Applicants shall be responsible for the entire cost of all mains up through 12 inches in diameter.

2. Transmission Mains
A main extension which is larger than 12 inches in diameter shall be designated as a transmission main. Transmission mains shall be paid for jointly by the Water Utility and the developer extending the main. The Water Utility shall pay only those costs attributable to the larger size main on an incremental basis, not on a proportional basis. The cost to be paid by the Water Utility for said incremental difference shall be the subject of an agreement between the Water Utility and the developer and shall be based on current estimates or actual bid prices.

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3. The Developer's Responsibility
a. Complete engineering of the main extension shall be by a registered civil engineer and shall include submission of a full set of detailed improvement plans of a scale acceptable to the Water Utility, along with applicable plan check and inspection fees.
b. After all changes, modifications, and additions requested by the Water Utility have been made on the plans and they have been approved, the owner or developer shall file a complete set of reproducible permanent transparencies of the approved plans with the Water Utility. Said transparencies shall become the property of the City.
c. The developer shall have the required installation performed by a contractor who possesses a current City of Norco business license, California Class A contractor's license permitting this type of construction work and shall furnish the necessary surety as required under the Norco Municipal Code.

If the developer plans to enter into a reimbursement agreement with the Water Utility, the main must be competitively bid with at least three bids. The applicant shall provide the Water Utility with copies of all bids and upon completion of the project, a statement of actual construction cost in reasonable detail. d. All laboratory analyses required in connection with chlorinating and sanitizing the newly installed system shall be performed by a State of California licensed and certified laboratory. All charges shall be borne by the developer. e. Newly installed mains must be pressure tested prior to acceptance by the Water Utility.
f. The developer shall dedicate the main extension to the Water Utility, free of all liens, together with all necessary rights of way for future maintenance and upkeep.

4. City's Responsibility
a. The submitted plans shall be examined for conformance with the Water Utility's Specifications and Standards and other requirements. Any errors and omissions found by the Water Utility will be indicated on the plans, and they shall be returned to the engineer for correction.
b. The Water Utility shall charge the actual cost for time spent checking plans and inspecting the construction of main extensions. The Water Utility shall estimate the plan check fee and the inspection fee when plans are first submitted, and this estimated cost shall be deposited before plan check begins.

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c. The Water Utility's inspector shall inspect all facilities installed by the developer's contractor to insure compliance with the plans and specifications. d. Upon completion and acceptance of the work, the Water Utility shall prepare a final accounting of the plan checking and inspection and either bill for the additional amount owed or refund excess payments.

14.04.160 SERVICE CONNECTIONS, METERS, AND CUSTOMER'S FACILITIES A. GENERAL

1. After application has been made and all applicable fees have been paid (for all services); the applicant shall be responsible for hiring of a qualified contractor to install the necessary service connection and meter assembly per Water Utility Specifications and Standards. Meter assembly will be provided by the City. The Water Utility must verify the contractor poses a current California Class A contractor's license prior to issuing any permit.

2. For service connections two inches and smaller, the meter assembly will generally be installed at a convenient location between the curb or edge of pavement and the property line. For larger service connections, including firelines, the meter assembly will generally be installed above ground upon the customer's premises, in which case the applicant shall allow the meter assembly and service line to occupy the premises by the granting of the necessary easements, rights of way, or by the application agreement at the Water Utility's option.

2. The connection point for the new service connection to the mainline will be determined by the Water Utility. The service connection will generally determine the point of delivery of water service to the customer.

B. CUSTOMER'S RESPONSIBILITY
The customer, as a condition precedent to receiving service shall:

1. Make application for services (see Section 14.04.030).

2. Furnish and lay the necessary piping to make the connection to the place of consumption and shall keep such piping in good repair in accordance with such reasonable requirements of the Water Utility as may be incorporated in the rules herein.

3. Provide a main valve on the piping between the service connection and the point of customer use for conveniences and safety.

4. Provide a bacterial clearance certificate for services three inches and larger.

5. Provide an approved backflow protection device if required per Section 14.04.210.

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C. CITY'S RESPONSIBILITY

1. The submitted plans and application shall be examined for conformance with the Water Utility's Specifications and Standards and other requirements. Any errors and omissions found by the Water Utility will be indicated on the plans, and they shall be returned to the engineer for correction.

2. The Water Utility shall charge a "Plan Check" and "Inspection" fee based on the amount of the proposed work. The plan check and inspection fee shall be per the fee resolution adopted by City Council.

3. The Water Utility's inspector shall inspect all facilities installed by the developer's contractor to insure compliance with the plans and specifications.

D. OWNERSHIP AND ABSENCE OF RENTAL OBLIGATION WHERE FACILITIES ARE

ON THE PREMISES OF CUSTOMER

1. The service connection from the main and the meter assembly located wholly or partially upon a customer's premises, whether in an easement or not, are the property of the Water Utility.

2. No rent or other charge will be paid by the Water Utility where the Water Utility owned service facilities are located on a customer's premises.

3. In cases where the location of a meter assembly on the applicant's premises is a considerable distance back of the property line, the applicant shall grant the necessary easements or rights of way or authorize such occupancy by the application agreement and will own and be responsible for maintaining the service line from the property line to the meter assembly.

E. ACCESS TO PREMISES OF CUSTOMER

1. The Water Utility shall at all reasonable hours have access to meters, service connections, and other property owned by it which may be located on a customer's premises for purposes of installation, meter reading, maintenance, operation, or removal of the property. The customer's system shall be open for inspection at all reasonable times to authorized representatives of the Water Utility.

2. Any inspection work or recommendations made by the Water Utility or its agents in connection with plumbing or appliances, or any use of water on the customer's premises either as a result of a complaint or otherwise, will be made without charge.

3. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the Water Utility, may, after service of a notice of intention and after 24 hours or such service, have all water shut off.

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F. IMPAIRMENT OF SERVICE TO OTHER CUSTOMERS
Where the use of water is unusually intermittent or is subject to violent fluctuations of a character that may impair service to other customers, the Water Utility may require that the customer provide at the customer's expense, suitable equipment to reasonably limit fluctuations in use and pressures caused by the customer's equipment or operations.

G. PREVENTION OF FLOW FROM ONE SERVICE CONNECTION THROUGH

ANOTHER
If a premises is supplied by more than one service connection, the customer may be required to install a check valve (double check valve for firelines) at each service connection to prevent the flow of water from one service through another.

H. DAMAGE TO WATER UTILITY'S PROPERTY
The customer shall be liable for any damage to a meter or other property owned by the Water Utility which is caused by an act of the customer or his tenants, agents, employees, contractors, or permittees (including the breaking or destruction of locks or angle meter stops by the customer or others on or near a meter) and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The Water Utility shall be promptly reimbursed by the customer for any such damage upon presentation of a bill for same.

I. RELIEF VALVE REQUIRED
As a protection to the customer's plumbing system, a suitable pressure relief valve must be installed and maintained by the customer when check valves or other protective devices are used. The relief valve shall be installed between the check valves and the water heater.

J. METER BOX OBSTRUCTION
No person shall place trash, dirt, building materials, or other objects or obstructions on or around meter boxes; or shall allow meter boxes to become obstructed or obscured by vines, trees, shrubs, grass, or plants that will make their location difficult to determine or interfere with their free access or use.

In the event of obstruction or obscuring, a message will be printed on the water bill stating the obstruction must be removed by the due date shown on the bill.

K. SHUT-OFF VALVES
All shut-off valves and service cocks shall be installed by the Water Utility or an approved licensed contractor per the Water Utility standards. Such shut-off calves and service cocks shall not be used or manipulated by the customer, except in extreme

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emergency. For ordinary usage all customers shall provide their own valves and shutoff cocks between the water meter and the first point of customer use.

I. TAPPING MAINS
No person, firm, or corporation shall tap, open or connect to, or cause, permit, or allow to be tapped, opened, or connected to any water main or pipe without first made application to the Water Utility and receiving a permit therefor.

J. GROUND-WIRE ATTACHMENTS
All persons are forbidden to attach any ground-wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the Water Utility.

The Water Utility will hold the customer liable for any damage to its properly occasioned by such ground-wire attachments.

14.04.170 MEASUREMENT OF SERVICE
A. METHOD OF MEASURING SERVICE

1. Metering
All water sold by the Water Utility will be upon the basis of metered volume sales except that the Water Utility may at its option provide flat rate or estimated service for the following:
a. Temporary service where the water use can be readily estimated. b. Public and private fire protection service.
c. Water used for street sweeping, storm drain flushing, and sewer cleaning, when provided for by contract between the Water Utility and the municipality or other governmental authority.

2. Registration of Meter
All meters used for metered sales shall have registration devices indicating the unit volume of water in hundreds of cubic feet (HCF). One unit is equal to 100 cubic feet or 7 48 gallons.

B. METER TEST FACILITIES AND EQUIPMENT
The Water Utility shall provide the necessary standard facilities, instruments, and other equipment for testing meters in compliance with these rules.

C. ACCURACY REQUIREMENTS OF WATER METERS

1. General

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All meters used for measuring quantities of water delivered to customers shall be in good mechanical condition, shall be adequate in size and design for the type of service which each measures, and shall be accurate to within generally accepted standards.

2. Test Flows and Determination of Accuracy
For test flows and the standards of accuracy for water meters, the Water Utility adopts as a guide the American Water Works Association's Manual M6, entitled "Water Meters."

3. Record of Test
A complete record of all displacement and other mechanical meter tests and data sufficient to allow checking of test calculations shall be recorded by the meter tester.

4. Repaired or Tested Meters
All water meters removed from service for repair or testing in accordance with these rules shall be restored to the prescribed limits of accuracy as required by these rules before again being placed in service.

14.04.180 METER TESTS AND ADJUSTMENTS OF BILLS FOR METER ERROR A. TESTS UPON CUSTOMER REQUEST

1. Compliance by Water Utility
The Water Utility will, within one week after request by a customer, proceed to test the meter serving the customer's premises, except where such test may be deferred for a reasonable length of time when it would necessitate the interruption of service to any other customer. Such test of meters, other than meters for which standards of accuracy are established in Manual M6 of the American Water Works Association, will consist of an acceptable method of verifying the accuracy of the meter. All tests on meter accuracy shall be conducted by an independent third party selected by the Water Utility.

2. Charge for Test
a. The customer shall deposit with Utility Billing a "Meter Test Deposit" as designated in the fee resolution adopted by City Council. b. For testing a three-inch or larger meter, the "Meter Test Deposit" shall be made on the basis of a cost estimate provided by the Water Utility's third party meter testing vendor. If the meter cannot be tested in place the customer's deposit will

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also include the cost associated with the Water Utility to remove the meter and delivery to the third party testing vendor.

3. Test Procedure
Every meter tested at the request of a customer will be tested in the condition as found in the customer's service prior to any alteration or adjustment, in order to determine the average meter error. This test will consist of testing at the three rates of flow as determined in the American Water Works Association's Manual M6.

4. Return of Deposit
Any deposit made under Paragraph 2 above will be returned to the customer if the average meter error is found to be more than two percent fast, otherwise, the deposit is forfeited as payment for said meter test.

5. Location of Test
The testing of any meter 2" or smaller will require the meter to be removed and sent to an independent third party testing company for analysis. For meters larger than 3" the City may elect to test the meters in place if the appropriate test ports are available or remove the meter and send it to the third party testing company for analysis.

6. Report of Test to Customer
A report showing the results of the test will be furnished to the customer within 15 days of the completion of the test.

B. ADJUSTMENTS OF BILL BASED ON METER TEST
1 . Fast Meters
When upon test a meter is found to be registering more than two percent fast, Utility Billing will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not to exceed a period of six months.

2. Slow Meters
When upon testing a meter used for residential service is found to be registering more than 25 percent slow or any meter for other classes of service is found to be registering more than ten (10) percent slow, the Utility Billing may bill the customer for the amount of the undercharge based on corrected meter readings for the period the meter was in service, but not to exceed a period of four months.

3. Non-registering Meters

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Utility Billing may bill the customer for water consumed while the meter was nonregistering, but not to exceed a period of four months, using an estimate of the consumption based upon the customer's prior use over a twelve (12) month period.

14.04.190 SERVICE TO SEPARATE PREMISES AND MULTIPLE UNITS, AND

RESALE OF WATER
A. NUMBER OF SERVICES TO SEPARATE PREMISES
Separate premises (lot or parcel of real property) under single control or management will be supplied through separate individual service connections unless the Water Utility elects otherwise.

B. SERVICE TO MULTIPLE UNITS ON SAME PREMISES
Separate houses, buildings, living, or business quarters on the same premises, under a single control or management, may be served at the option of the applicant by either of the following methods:

1. Through separate service connections to each or any unit providing that the piping system from each service is independent of the others, and is not interconnected.

This will allow for independent billing for services to each dwelling unit or business.

2. Through a single service connection to supply the entire premises. In such case, the Water Utility will require a single service connection with individual customer meters to serve each dwelling unit or business. This will allow for independent billing for services to each dwelling unit or business.

The responsibility for payment of charges for all services furnished, in accordance with these rules, must be assumed by the applicant and/or owner.

14.04.200 FIRE PROTECTION
A. PRIVATE FIRE PROTECTION

1. Private fire protection services will be provided under the conditions specified in Section 14.04.160, "Service Connections, Meters, and Customer's Facilities"

2. The location of all private fire hydrants shall be determined by the City of Norco Fire Department.

3. The rates for private fire protection services, "Fireline Service", are specified in the current rate schedule adopted by City Council.

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B. PUBLIC FIRE PROTECTION

1. The Water Utility and the City of Norco Fire Department shall determine the location of all public fire hydrants.

2. Public fire hydrants requested by a customer or required by the City of Norco Fire Department as a condition of development, shall be installed by a private contractor at the customer's expense.

3. A customer's request for a public fire hydrant relocation will be granted provided that the relocation is agreed upon by the Water Utility and the City of Norco Fire Department and is paid for by the customer.

4. Public fire hydrants installed as part of a main extension by a customer shall be paid for by the customer.

C. OBSTRUCTING USE OF FIRE HYDRANTS
No person shall place on or about fire hydrants or fire hose connections any materials, trash, dirt, or other objects or obstructions or shall allow fire hydrants to become obstructed or obscured by vines, trees, shrubs, or plants that will make their location difficult to determine or interfere with their free access or use, except as provided for in Section 14.04.130.

In the event of obstruction or obscuring, notice shall be given by the Water Utility to the property adjacent to such hydrant that the obstruction be removed within a designated time. If obstructions are not removed within the designated time, the Water Utility will remove at the property owner's expense.

D. USE OF FIRE HYDRANTS
Public or private fire hydrants connected to the City water system shall be operated only by the Water Utility, Norco Fire Department, or a person who has obtained a permit from the Water Utility. Any person desiring to use water through any public or private hydrant must comply with Section 14.04.130 and 14.04.200. Any person using a fire hydrant without a permit may be charged with theft of water and fined. Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is an infraction punishable by law.

E. HYDRANT FLOW TESTS
Fire flow tests are conducted on hydrants to determine water availability in planning for firefighting activities, fire sprinkler systems or domestic water demand. The tests are also useful in determining the general condition of the water distribution system by detecting closed valves or wall deposits. A well-maintained water system enables firefighters to extinguish flames and prevent large-scale damage or loss of life.

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The Water Utility offers fire flow availability testing services by contacting the Public Works Counter at (951) 270-5627, identify the hydrant location you would like to be tested and pay the required non-refundable fee as specified as "Fire Flow Test Fee" in the fee resolution adopted by City Council. At its discretion, the Water Utility may also allow the customer to hire a third party contractor to perform the fire flow test.

14.04.210 CROSS CONNECTION PROGRAM
A. Cross-Connection Control - General Policy

1. Purpose. The purpose of these regulations is:

1.1 To protect the public potable water supply of the City of Norco from the possibility of contamination or pollution by isolating within the consumer's internal distribution system or consumer's private water system such contaminants or pollutants which could backflow into the public water system; and

1.2 To promote the elimination or control of existing cross-connections, actual or potential between the consumer's in-plant potable water system and nonpotable water system, plumbing fixtures and industrial piping system; and

1.3 To provide for the maintenance of a continuing Program of Cross-Connection Control which will systematically and effectively prevent the contamination or pollution of the City of Norco's potable water system.

2. Responsibility
The Director of Public Works or his/her designee shall be responsible for the protection of the public water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connections. If, in the judgment of said Director of Public Works an approved backflow prevention assembly is required (at the consumer's water service connection or within the consumer's private water system) for the safety of the water system, the Director of Public Works or his/her designated agent shall give notice in writing to said consumer to install such an approved backflow prevention assembly at a specific location on his premises. The consumer shall immediately install such an approved backflow prevention assembly at the consumer's own expense: and, failure, refusal or inability on the part of the consumer to install, have tested and maintained said assembly shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.

B. DEFINITIONS

1. Director of Public Works. Director is vested with the authority and responsibility for the implementation of the City of Norco's cross-connection control program and for the enforcement of the provisions of these regulations.

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2. Approved.
a. The term "approved" as herein used in reference to a water supply shall mean a water supply that has been approved by the health agency having jurisdiction. b. The term "approved" as herein used in reference to an air gap, a double check valve assembly, a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean as approval by the Director.

3. Auxiliary Water Supply. Any water supply on or available to the premises other than the Water Utility's approved public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another Water Utility's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the Water Utility does not have sanitary control.

4. Backflow. The term "backflow" shall mean the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources. See terms Backpressure (5) and Backsiphonage (6).

5. Backpressure. The term "backpressure" shall mean any elevation or pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow.

6. Backsiphonage. The term "backsiphonage" shall mean a form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exit at a site in the water system.

7. Backflow Preventer. An assembly or means designed to prevent backflow.

7.1 Air Gap. The term "air gap" shall mean a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or nonpressure receiving vessel. An "approved air gap" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel - in no case shall the air gap be less than 1 inch.

7.2 Reduced Pressure Principle Backflow Prevention Assembly. The term "reduced pressure principle backflow prevention assembly" shall mean an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the

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first check valve. The backflow device shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health (i.e., pollutant) or a health hazard (i.e., contaminant). This assembly shall not be used for backflow protection of sewage or reclaimed water.

7.3 Double Check Valve Backflow Prevention Assembly. The term "double check valve backflow prevention assembly" shall mean an assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly shall only be used to protect against a non-health hazard (i.e., pollutant).

8. Containment. The term "containment" shall mean an impairment of the quality of the water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.

9. Cross-Connection. The term "cross-connection" shall mean any unprotected actual or potential connection or structural arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
a. The term "direct cross-connection" shall mean a cross-connection which is subject to both backsiphonage and backpressure.
b. The term "indirect cross-connection" shall mean a cross-connection which is subject to backsiphonage only.

10. Cross-Connection - Controlled. A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with a degree of hazard.
11 . Cross-Connection Control - Service Protection. The term "service protection" shall mean the appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumer's potable water system.

12. Hazard, Degree of. The term "degree of hazard" shall mean either a pollutant (non-health) or containment (health) hazard and is derived from the evaluation of conditions within a system.

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12.1 Hazard - Health. The term "health hazard" shall mean an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health.

12.2 Hazard - Plumbing. The term "plumbing hazard" shall mean an internal or plumbing type cross-connection in a consumer's potable water system that may be either a pollutant or a containment type hazard. This includes but is not limited to cross-connections to toilets, sink, lavatories, wash trays and lawn sprinklers. Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels and commercial or industrial establishments. Such a connections, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly.

12.3 Hazard - Pollutant. The term "pollutant hazard" shall mean an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

12.4 Hazard - System. The term "system hazard" shall mean an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

13. Industrial Fluids. The term "industrial fluids" shall mean any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutant or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated used waters; all types of process waters and "used waters" originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid from; plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for firefighting purposes.

14. Pollution. The term "pollution" shall mean an impairment of the quality of the water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.

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15. Water - Potable. The term "potable water" shall mean any public potable water supply which has been investigated and approved by the local health agency. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, the local health agency has final judgment as to its safety and potability.

16. Water - Non-potable. The term "non-potable water" shall mean a water supply which has not been approved for human consumption by the local health agency having jurisdiction.

17. Water - Service Connection. The term "service connection" shall mean the terminal end of a service connection from the public potable water system, (i.e., where the Water Utility may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer's water system). If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.

18. Water - Used. The term "used water" shall mean any water supplied by a Water Utility from a public potable water system to a consumer's water system after it has passed through the service connection and is no longer under the control of the Water Utility.

C. REQUIREMENTS

1. Water System

1.1 The water system shall be considered as made up of two parts: The Water Utility's System and the Consumer's System.

1.2 Water Utility's System shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the Water Utility, up to the point where the consumer's system begins.

1.3 The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.

1.4 The distribution system shall include the network of conduits used for the delivery of water from the source to the consumer's system.

1.5 The consumer's system shall include those parts of the facilities beyond the termination of the Water Utility's distribution system which are utilized in conveying potable water to points of use.

2. Policy

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4.1 No water service connection to any premise shall be installed or maintained by the Water Utility unless the water supply is protected as required by Title 17 of California Code of Regulations - Sections 7583 through 7605, California Plumbing Codes and these regulations. Service of water to any premise shall be discontinued by the Water Utility if a backflow prevention assembly required by these regulations is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions of defects are corrected.

4.2 All developers, contractors or others performing installation of any backflow assembly must adhere to current City of Norco Water Utility Specifications and Standards. A copy of Water Utility Specifications and Standards can be viewed online at the City of Norco website or a hard copy can be purchased at City Hall - Public Works counter.

4.3 The consumer's system should be open for inspection at all reasonable times to authorized representatives of the City of Norco and County of Riverside Public Health to determine whether unprotected cross-connections or other structural or sanitary hazards, including violations of the regulations, exist.

When such a condition becomes known, the Director shall immediately discontinue service to the premises by locking off the service at the meter or providing for a physical break in the service line until the consumer has corrected the condition(s) in conformance with California Laws and Regulations, California Plumbing Codes statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.

4.4 An approved backflow prevention assembly shall also be installed on each service line to a consumer's water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:
a. In the case of premises having an auxiliary water supply which is not or may not be a safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director of Public Works, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard.
b. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and

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waters originating from the Water Utility's system which have been subject to deterioration in quality.
c. In the case of premises having (1) internal cross-connections that cannot be permanently corrected or protected against, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connection exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.

2.5 The type of protective assembly required under subsections 2.4(a)(b)(c) shall depend upon the degree of hazard which exists as follows:
a. In the case of any premise where there is an auxiliary water supply as stated in subsection 2.4(a) of this section and it is not subject to any of the following rules, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. In the case of any premise where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve backflow prevention assembly.
c. In the case of any premise where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. d. In the case of any premise where there are unprotected cross-connections, either actual or potential, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly at the service connection.
e. In the case of any premise where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air gap or an approve reduced pressure principle backflow prevention assembly on each service to the premise.

2.6 Any backflow prevention assembly required herein shall be a make, model and size approved by the Water Utility. The term "Approved Backflow Prevention Assembly" shall mean an assembly that has been manufactured in full

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conformance with the standards established by the American Water Works Association entitled:

AWWA/ANSI - Standard for Double Check Valve Backflow Prevention Assemblies;
AWWA/ANSI - Standard for Reduced Pressure Principle Backflow Prevention Assemblies;
And have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (USC FCCCHR) established in:

Specifications of Backflow Prevention Assemblies - Section 10 of the most current edition of the Manual of Cross-Connection Control.

Backflow preventers which may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a Certificate of Approval by USC FCCCHR and are listed on USC's current list of approved backflow prevention assemblies may be used without further test or qualification.

2.7 It shall be the duty of the consumer at any premise where backflow prevention assemblies are installed to have a field test performed by a certified backflow prevention assembly tester upon installation and at least once per year. In those instances where the Water Utility deems the hazard to be great enough the City may require field tests at more frequent intervals. These tests shall be at the expense of the water user and shall be performed by a certified tester approved by the County of Riverside Public Health. It shall be the duty of the Water Utility to see that these tests are made in a timely manner. These assemblies shall be repaired, overhauled or replaced at the expense of the consumer whenever said assemblies are found to be defective. Records of such tests, repairs and overhauls must be provided to the Water Utility and the County of Riverside Public Health for their respective permanent files.

2.8 All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the testing and maintenance requirements under subsection 2.7, be excluded from the requirements of these rules so long as the Water Utility is assured that they will satisfactorily protect the Water Utility's system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Water Utility finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this section.

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2.9 The Director is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of said Cross-Connection Program.

3. Surveys and Notification

3.1 New Service Connection: The Water Utility shall review all requests for permanent and temporary services to decide if backflow protection is needed.

Plans must be submitted to the Water Utility upon request for review of potential unprotected cross-connection hazards as a condition of service from a new service connection. If it is decided that a backflow prevention assembly is necessary to protect the Water Utility's potable water system, the required assembly must be installed and tested before service will be established. The location of the new backflow assembly shall be above grade as close as practical to the water service connection. The Director of Public Works or his/her designee must approve the location of all backflow prevention assemblies installed for service protection (meter protection, irrigation or fire service). Any new backflow prevention assemblies required for internal protection shall be inspected for proper installation/orientation by the Director of Public Works or his/her designee.

3.2 Existing Service Connection: The Water Utility may require an on premise inspection or re-inspection survey to evaluate the cross-connection hazards of any premise to which it serves water. The Water Utility will request an inspection appointment with each affected customer. Any customer who cannot or will not allow an on premise inspection of the water piping system shall be required to install the approved backflow prevention assembly the Water Utility considers necessary.
a. The Water Utility will notify the customer of the survey inspection findings, listing any required corrective actions. A period of thirty (30) days will be given to complete all corrective actions requested, including installation and testing of all necessary backflow protection assemblies. A thirty (30) day extension may be granted in situations having extenuating circumstances. b. A second notice will be sent to each customer who does not take the required corrective action prescribed in the first notice. The second notice will give the customer an additional two (2) week period to complete the required action.

If no action is taken within the two (2) week period, the Director of Public Works may suspend water service to the affected customer until the required corrective actions are completed.

4. Annual Backflow Assembly Test/Inspection

4.1 An annual testing notice will be sent to notify the water customer when an assembly needs to be tested. It shall contain a date when the testing must be completed.

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a. First Notice - This notice will give the water customer one (1) month to have the assembly tested. The original test report must be returned to the City of Norco's Department of Public Works and a copy submitted to the County of Riverside Public Health. Whenever a test shows a malfunction, the assembly shall be repaired or replaced within fifteen (15) days of observed failure and shall be retested.
b. Second Notice - This notice shall be sent to each customer not having their backflow prevention assembly tested within the time limit prescribed in the first notice. The second notice will give the customer an additional two (2) week period to complete the required testing.
c. Third & Final Notice - This notice shall be sent to each customer not having their backflow prevention assembly tested within the time limit prescribed in the second notice. This notice will be hand delivered or sent certified mail to the customer. The customer will have an additional 7 days to complete the required testing. Any customer failing to complete the required testing with the allotted time may have their water service(s) suspended. The Director of Public Works will make the final determination regarding whether to suspend water service to the affected customer until the required backflow testing has been completed.

4.2 Testing of backflow assemblies shall only be conducted by competent backflow prevention assembly testers certified by the County of Riverside Public Health.

A copy of the current list of certified testers can be reviewed on the City's website or by contacting the County of Riverside Public Health directly. Testing and maintenance costs are the responsibility of the water customer. All backflow prevention assemblies must be tested immediately after installation, relocation or repair and at least annually after that.

5. Backflow Enclosure

5.1 All backflow prevention assemblies utilized for system protection, between 3/4" and 2½" in size, must be provided minimal protection from vandalism/theft by installing a backflow enclosure. All new backflow prevention assemblies between 3/4" and 2½" in size must have a backflow enclosure unless a written waiver has been granted by the Director of Public Works or his/her designee.

Installation requirements and specifications for the backflow protective enclosure can be found in the City of Norco's Water Utility Specifications and Standards handbook. The backflow protective enclosure must be painted to meet the Water Utility standards.

14.04.220 EMERGENCY WATER CONSERVATION PROGRAM
A. Declaration of Necessity and Intent

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The Water Utility water supplies are required to be put to their maximum beneficial use. Water conservation is required even in the best of times, and wasteful or unreasonable uses must be prevented. Water conservation must be practiced so that adequate and reliable water supplies are available to serve customers of the City. The provisions of Section 14.04.220 shall supercede any inconsistent provisions of the Municipal Code.

Established the following five (5) Water Shortage Response Levels to be implemented in response to worsening water shortage conditions or decreasing water supplies:

Level 1 - Water Shortage Watch. Use restrictions are voluntary with a conservation target of 10%.

Level 2 - Water Shortage Caution. Use restrictions are mandatory with a conservation target of up to 20%.

Level 3 - Water Shortage Alert. Use restrictions are mandatory with a conservation target of up to 30%.

Level 4 - Water Shortage Critical. Use restrictions are mandatory with a conservation target of up to 40%.

Level 5 - Water Shortage Emergency. Use restrictions are mandatory with a conservation target of more than 50%.

During Water Shortage Response Levels 2 through 5, violations of the water use restrictions cited in this Emergency Water Conservation Program and/or Water Allocation Targets listed in Water Shortage Levels 2-5 are set forth in Section

14.04.220(J).

B. Application of Regulation
These regulations shall apply to all customers, water users, and premises served by the Water Utility, wherever situated, and shall also apply to all premises and facilities owned, maintained, operated, administered, or under the jurisdiction of the City.

C. Water Conservation and Unreasonable Uses of Water
a. It shall be unlawful at any time for any Person to make, cause, or use or permit the use of water from the City for residential, commercial, industrial, institutional, agricultural, irrigation, governmental, or any other purpose in a manner contrary to any mandatory provision of this resolution, or in an amount in excess of that use permitted by the Water Shortage Response Levels which are in effect pursuant to this resolution or by action taken by the City Council in accordance with this resolution. The water conservation and supply shortage response measures set forth in this section shall be in effect at all times and subject to the penalties herein.

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b. To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency:

1. The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;

2. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;

3. The application of potable water to driveways and sidewalks;

4. The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;

5. Watering lawns and/or groundcovers and irrigating landscaping between the hours of 8:00 a.m. and 8:00 p.m.

6. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;

7. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;

8. The irrigation with potable water of ornamental turf on public street medians; and

9. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. c. To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily.

The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
d. Immediately upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to section 864.5 or 865 of this article, shall either:

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1. Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or

2. Target potable water use reductions commensurate with those required of the nearest urban water supplier under section 864.5 or, if applicable, section 865. Where this option is chosen, these properties shall implement the reductions on or before July 1, 2016.
e. The taking of any action prohibited in subdivision (b) or (f), or the failure to take any action required in subdivision (c) or (d), is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
f.(1) To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners' association or community service organization or similar entity is prohibited from:
a. Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivision (a) of the Civil Code; or b. Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code. f. (2) As used in this subdivision:
a. "Architectural or landscaping guidelines or policies" includes any formal or informal rules other than the governing documents of a common interest development.
b. "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
c. "Common interest development" has the same meaning as in section 4100 of the Civil Code.
d. "Community service organization or similar entity" has the same meaning as in section 4110 of the Civil Code.
e. "Governing documents" has the same meaning as in section 4150 of the Civil Code.

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D.
f. "Separate interest" has the same meaning as in section 4185 of the Civil Code.
f. (3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision f.(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
g. A Water Shortage Response Level shall be determined by the City Council in accordance with the provisions of the Water Conservation Program. A Water Shortage Response Level shall remain in full force and effect until otherwise determined or discontinued by resolution of the City Council. h. The City may declare a Water Shortage Emergency (Level 5) during any Water Shortage Response Level.
i. During Water Shortage Response Levels Two (2) through Five (5), the water conservation and supply shortage response measures are mandatory, and violations are subject to administrative, civil, and criminal, penalties and remedies as specified in this resolution and by State law.

Water Shortage Response Level 1 - Water Shortage Watch Condition a. A Water Shortage Response Level 1 condition is also referred to as a "Water Shortage Watch" condition. A Level 1 condition applies when the City Council requests all water users to voluntarily reduce their water use up to ten (10) percent to ensure that sufficient supplies will be available to meet anticipated demands.

The City Council shall declare the existence of a Water Shortage Response Level 1 by the adoption of a resolution, and the City Manager or designee shall implement the Level 1 conservation practices,
b. During a Level 1 Water Shortage Watch condition, the City shall increase its public education and outreach efforts to enhance awareness of the need to implement the following water conservation practices:
1 . Do not use water to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except to alleviate immediate safety or sanitation hazards.

2. Adjust sprinklers and irrigation systems to avoid overspray, runoff, and waste. Customers should also avoid watering on windy days.

3. Irrigate all landscapes before dawn, if possible, but never between 8:00 a.m. and 8:00 p.m. Use a hand-held hose equipped with a positive shutoff nozzle or bucket to water landscaped areas that are not irrigated by a landscape irrigation system.

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4. Agricultural users are requested to reduce water usage and to consult with the City as needed or industry associations in their area for appropriate water conservation measures and to implement them as soon as possible.

5. Residents are urged to design and install water-wise landscaping utilizing native and other drought-tolerant plant materials and minimize turf areas for permanent water conservation.

6. Developers of commercial properties are urged to design and install water-wise landscaping utilizing native and other drought-tolerant plant materials and minimize turf areas for permanent water conservation, as required by City landscape ordinances.

7. Install water-saving devices in indoor plumbing.

8. Check faucets, toilets, and pipes, both indoors and outdoors, for leaks and repair them immediately.

9. Wash motor vehicles, trailers, boats, and all other mobile equipment using a bucket or a hand-held hose with a positive shut-off nozzle, mobile high-pressure/low-volume wash system, or at a commercial site that recirculates (reclaims) water onsite. Avoid washing during hot conditions when additional water is required due to evaporation.

E. Water Shortage Response Level 2 - Water Shortage Caution Condition a. A Water Shortage Response Level 2 condition is also referred to as a "Water Shortage Caution" condition. A Level 2 condition applies when the City Council mandates all water users to reduce their water use more than ten (10) percent and up to twenty (20) percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a Water Shortage Response Level 2 by the adoption of a resolution, and the City Manager or his/her designee shall implement the Level 2 conservation practices. b. All persons using water provided from the City shall comply with Level 1 "Water Shortage Watch" water conservation practices during a Level 2 water shortage and shall also comply with the following additional conservation measures:

1. Whether irrigated with potable or non-potable water, limit all ornamental and turf irrigation to four (4) days per week for no more than ten (10) minutes per station per day; This provision does not apply to functional turf areas such as athletic fields at schools and parks.

2. Ornamental landscape or turf that utilizes properly operating waterefficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers, and are operated by a functional irrigation controller, may upon verification by the City or its

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F.
representative, be irrigated for up to thirty (30) minutes per station on the days authorized for landscape irrigation.

3. Verification and repair of all leaks shall occur within seventy-two (72) hours of notification by the City unless other arrangements are approved by the City Manager or designee.

Water Shortage Response Level 3 - Water Shortage Alert Condition a. A Water Shortage Response Level 3 condition is also referred to as a "Water Shortage Alert" condition. A Level 3 condition applies when the City Council mandates all water users to reduce their water use more than twenty (20) percent and up to thirty (30) percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a Water Shortage Response Level 3 by the adoption of a resolution, and the City Manager or designee shall implement the Level 3 conservation practices. b. All persons using water provided from the City shall comply with Level 1 "Water Shortage Watch" and Level 2 "Water Shortage Caution" conservation practices during a Level 3 "Water Shortage Alert" condition and shall also comply with the following additional mandatory conservation measures:
1 . Whether irrigated with potable or non-potable water, limit all ornamental and turf irrigation to three (3) days per week for no more than ten (10) minutes per station per day.

2. Ornamental landscape or turf that utilizes properly operating waterefficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers, and are operated by a functional irrigation controller, may upon verification by the City or its representative, be irrigated for up to twenty (20) minutes per station on the days authorized for landscape irrigation.

3. The following irrigation schedule will be implemented and enforced: odd addresses (the last digit is an odd number) may irrigate on Monday, Wednesday and Friday. Even addresses (the last digit is an even number) may irrigate on Tuesday, Thursday and Saturday. There will be no authorized landscape irrigation on Sunday.

4. An alternative three (3)-day schedule may be requested for irrigation of functional turf areas at schools and parks.

5. Vehicles may only be washed at commercial carwashes that re-circulate water or by high-pressure/low-volume wash devices.

6. Potable water may not be used for construction purposes. Non-potable and/or recycled water must be utilized.

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7. Verification and repair of all leaks shall occur within forty-eight ( 48) hours of notification by the City.

G. Water Shortage Response Level 4 - Water Shortage Critical Condition a. A Water Shortage Response Level 4 condition is also referred to as a "Water Shortage Critical" condition. A Level 4 condition applies when the City Council mandates all water users reduce their water use more than thirty (30) percent and up to forty (40) percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a Water Shortage Response Level 4 by the adoption of a resolution, and the City Manager or designee shall implement the Level 4 conservation practices identified in this ordinance.
b. All persons using water provided by the City shall comply with Level 1 "Water Shortage Watch," Level 2 "Water Shortage Caution," and Level 3 "Water Shortage Alert" conservation practices during a Level 4 "Water Shortage Critical" condition and shall also comply with the following additional mandatory conservation measures:
1 . Whether irrigated with potable or non-potable water, limit all irrigation to two (2) days per week for no more than ten (10) minutes per station per day. Exemptions include:
a. Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated. If fire protection landscaping is not sustainable by irrigation two (2) days per week, irrigation may be increased to not more than three (3) days per week; b. Maintenance of existing landscaping for erosion control may be irrigated up to three (3) days per week;
c. Watering of livestock and other animals;
d. Public works projects that support public health and safety; and e. Actively irrigated environmental mitigation projects

2. Ornamental landscape or turf that utilizes properly operating waterefficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers and are operated by a functional irrigation controller, may upon verification by the City or its representative, be irrigated for up to ten ( 10) minutes per station on the days authorized for landscape irrigation.

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3. The following irrigation schedule will be implemented and enforced: odd addresses (the last digit is an odd number) may irrigate on Monday and Thursday. Even addresses (the last digit is an even number) may irrigate on Tuesday and Friday. There will be no authorized landscape irrigation on Wednesday, Saturday, and Sunday.
c. Upon the declaration of a Water Shortage Response Level 4 Water Shortage Critical condition, no new temporary construction meters shall be provided, no statements of immediate ability to serve or provide potable water service such as letters ("Will Serve") of water availability shall be issued. No new potable water services or meters shall be provided, except under the following circumstances:

1. A valid, unexpired building permit has been issued for a portion of a project for which construction is in progress.

2. The project is necessary to protect the public's health, safety, and welfare as determined by the City Council; or

3. The applicant provides substantial evidence to the satisfaction of the City of an enforceable commitment that water demands for the project will be offset by one hundred twenty-five ( 125%) percent prior to the provision of a new water meter(s). This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.
d. Upon the declaration of a Water Shortage Response Level 4 condition, the City will suspend consideration of annexations to its service area, unless the annexation increases the water supply available to the City by more than the anticipated demands of the property to be annexed
e. To increase conservation, the City may establish a water allocation for property served. The following method will be utilized which accounts for general public health and safety.
1 . Residential and Multi-family Customers
b. City Council will determine the Water Allocation Target percentage for residential accounts in the resolution adopting a Level 4 "Water Shortage Response."
c. This calculation will not apply to any residential account that uses less than ten (1 O) units in the billing period to ensure water is provided for public health and safety. A residential Water Allocation Target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.

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H.

2. d. If the residential account uses more water than the Water Allocation Target amount, a penalty will be applied as set forth herein.

Commercial Customers
a. The City Council will determine the Water Allocation Target percentage for Commercial accounts in the resolution adopting a Level 4 "Water Shortage Response."
b. A Commercial Water Allocation Target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
c. If the Commercial account uses more water than the Water Allocation Target amount, said commercial account shall be subject to the penalties set forth herein.
d. Dedicated irrigation accounts must reduce their usage by a minimum of fifty percent (50%). The amount may be adjusted by a resolution of the City Council as deemed necessary to meet water supply demands.
e. An application may be made to the City Council for a variance from the Water Allocation Target.

Water Shortage Response Level 5 - Water Shortage Emergency Condition a. A Water Shortage Response Level 5 condition is also referred to as a "Water Shortage Emergency" condition. A Level 5 condition applies when the City Council declares a water shortage emergency pursuant to California Water Code section 350, et seq. or due to other increasing reductions in the City's water supplies resulting in a shortage of more than forty (40) percent. Customers are required to reduce their water consumption more than forty (40) percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare a Water Shortage Emergency in the manner and on the grounds provided in California Water Code section 350, et seq. The City Council shall declare the existence of a Water Shortage Response Level 5 by the adoption of a resolution, and the City Manager or designee shall implement the Level 5 conservation practices.
b. All persons using water provided from the City shall comply with conservation measures required during Level 1 "Water Shortage Watch," Level 2 "Water Shortage Caution," Level 3 "Water Shortage Alert," and Level 4 "Water Shortage Critical" conditions and shall also comply with the following additional mandatory conservation measures: