AGENDA
City Council
Wednesday, November 16, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSIONS
§54956.9 (d)(1) - Conference with Legal Counsel – Existing Litigation Public Employee Relations Board v. City of Norco, et al.
Case Number: LA-CE-1575-M
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees §54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs:129-020-09, 129-020-38, and 129-291-010
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs:131-130-025 and 131-140-006
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs:126-050-002 and 126-050-004
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 133-300-024
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.9 (d)(4) – Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation - Potential One Case
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Greg Newton
City Council Agenda - November 16, 2022
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church
PRESENTATIONS Community Spirit Award
Ken Linden
Proclamations
National Veterans and Military Families
Month
National Native American Heritage
Month
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of November 2, 2022.
Staff Report - Pdf
City Council Agenda - November 16, 2022
2.C. Acceptance and Award of Contract for Landscape Maintenance Services in the Landscape Maintenance Districts
RECOMMENDATION:
Accept and Award the Landscape Maintenance Service Contract for the Landscape Maintenance Districts to Nova Landscape Group, Inc. for a term of five (5) years, with two (2) two-year renewal options.
Staff Report - Pdf
2.D. Amendment to Communications Site Lease Agreement with SBA 2012 TC Assets, LLC, for Cell Tower located at Wayne Makin Sports Complex RECOMMENDATION:
Approve Amendment to Lease Agreement with SBA 2012 TC Assets, LLC; and adopt Resolution No. 2022-80 for the continued ground lease of Cell Tower Site CA45812-A/River with rent escalations.
Staff Report - Pdf
2.E. Acceptance of bids and Award of Contract for Landscape Maintenance Services for Parks and Public Facilities
RECOMMENDATION:
Accept bids and Award a Landscape Maintenance Service Contract for Parks and Public Facilities to Priority Landscape Services, LLC, for a term of five years (60 months), with two (2) two-year renewal options.
Staff Report - Pdf
2.F. Acceptance of the Second Street Widening (Hamner Avenue to I-15) Southbound On-Ramp Project
RECOMMENDATION:
Accept the Second Street Widening (Hamner Avenue to I-15) Southbound On-Ramp Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.G. Fiscal Year 2021-2022 Year-End Budget to Actual Report RECOMMENDATION:
Receive and file Fiscal Year 2021-2022 Year-End Budget to Actual Report Staff Report - Pdf
City Council Agenda - November 16, 2022
3. ITEM(S) PULLED FROM CONSENT CALENDAR
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.
The governmental body shall not discuss or act relative to any general public comment.
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.
5.A. Ordinance 1089 Second Reading, An Ordinance of the City Council of the City of Norco, California, adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Chapters 15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”; 15.06 "Housing Code"; 15.07 “Residential Code”;15.08 “Green Building Code”; 15.10 "Existing Building Code"; 15.13 “Administrative Code”; and 15.14 “Energy Code”. Code Amendment 2022-06
RECOMMENDATION:
Adopt Ordinance 1089, Second Reading: An Ordinance of the City Council of the City of Norco, California, adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Chapters 15.01 “Administrative Provisions”;
15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”; 15.06 "Housing Code"; 15.07 “Residential Code”;15.08 “Green Building Code”; 15.10 "Existing Building Code"; 15.13 “Administrative Code”; and 15.14 “Energy Code”. Code Amendment 2022- 06 Staff Report - Pdf
6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
City Council Agenda - November 16, 2022
6.A. First Reading, Ordinance 1090 (City of Norco): An Ordinance of the City Council of the City of Norco, California, to amend Norco Municipal Code Title 8 “Animals”, to add Chapter 8.09 “Working Animal Protection Act”. Code Amendment 2022-04
RECOMMENDATION:
Adopt Ordinance No. 1090, First Reading, amending Norco Municipal Code Title 8 "Animals" to add Chapter 8.09 "Working Animal Protection Act", and schedule the Second Reading on December 7, 2022. Code Amendment 2022-04
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.B.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of November 2, 2022.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Draft Minutes
DRAFT - MINUTES
City Council
Wednesday, November 2, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member
CLOSED SESSION
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 133-300-024
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.9 (d)(4) – Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation - Potential One Case
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENED PUBLIC SESSION 7:11 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated there were no reportable actions taken on closed session items 1 and 2, and third item was continued to end of meeting.
PLEDGE OF ALLEGIANCE Council Member Ted Hoffman
INVOCATION BJ Walker, Member
Church of Jesus Christ of Latter-Day Saints
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
City Council Minutes - November 2, 2022
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approve Consent Calendar as presented.
M/S BASH/HOFFMAN Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of October 19, 2022.
2.C. Agreement with the County of Riverside for the Community Development Block Grant (CDBG) Program for Fiscal Year 2022-2023
Action: Approved Agreement with the County of Riverside for the Community Development Block Grant (CDBG) funds in the amount of $74,360 for Fiscal Year 2022- 2023 and authorized the Mayor to sign and execute supplemental agreement for CDBG funds.
2.D. Award of Professional Design Services Contract for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project (Parkridge Avenue & North Drive)
Action: Awarded contract to KWC Engineers for professional design services for the Town & Country Storm Drain Project and Minor Storm Drain Improvement Project
City Council Minutes - November 2, 2022
(Parkridge Avenue & North Drive) in the amount of $126,525; and authorized the City Manager to approve contract change orders up to 10 percent of the total proposal amount of each proposal.
2.E. Consideration to approve an agreement with Retail Strategies, LLC, for professional services related to retail recruitment for economic development Action: Approved the agreement with Retail Strategies LLC.
2.F. Award of Professional Design Services Contract for the West Norco Channel Extension Storm Drain Project
Action: Awarded contract to Armstrong & Brooks Consulting Engineers for professional design services for the West Norco Channel Extension Storm Drain Project in the amount of $132,100; and authorized the City Manager to approve contract change orders up to 10 percent of the total proposal amount of each proposal.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the Consent Calendar at this time.
4. PUBLIC COMMENTS
There were no public comments at this time.
5. DISCUSSION / ACTION ITEM(S)
5.A. Certificate of Achievement for Excellence in Financial Reporting Award
Finance Director Free presented report on the Certificate of Achievement for Excellence in Financial Reporting Award that was presented to the City of Norco.
Following discussion by Mayor, City Council and Staff motion was made.
M/S NEWTON/BASH Acknowledge the Award Earned by the City of Norco and Finance Staff The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - November 2, 2022
5.B. Discuss and take possible action regarding the Riverside Transmission Reliability Project (RTRP) - Oral Report
City Manager Sassoon gave an update on the Riverside Transmission Reliability Project and how it will negatively affect the City of Norco.
Following discussion Mayor Newton opened public comment.
Geoff Kahan spoke in opposition of overhead electrical lines and supports the City to keep all underground.
Mayor Newton closed public comment.
Following discussion, the City Council provided feedback to City Manager Sassoon to proceed with opposition of the RTRP, bring in experts to assist Norco as needed, and continue with outreach to the Community on the issue.
M/S BASH/NEWTON To receive the oral report and to proceed with actions as discussed to support full undergrounding of the RTRP transmission lines. The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
6.A. First Reading, Ordinance 1089 (City of Norco): An Ordinance of the City Council of the City of Norco, California, adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”:
Chapters 15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”; 15.06 "Housing Code"; 15.07 “Residential Code”;15.08 “Green Building Code”; 15.10 "Existing Building Code"; 15.13 “Administrative Code”; and 15.14 “Energy Code”. Code Amendment 2022-06
Planning Director Robles presented the introduction and first reading of Ordinance 1089 adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Chapters
15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”;15.06 "Housing Code";
City Council Minutes - November 2, 2022
15.07 “Residential Code”;15.08 “Green Building Code”; 15.10 "Existing Building Code"; 15.13 “Administrative Code”; and 15.14 “Energy Code”.
Pete Goodrich of Wildan Group presented details of the updates and changes to the 2022 California Building Standard Codes.
Following discussion Mayor Newton opened the Public Hearing
There were no public comments at this time.
Mayor Newton closed the Public Hearing.
Following discussion motion was made.
M/S NEWTON/BASH Approve the introduction and first read of Ordinance 1089, adopting the 2022 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Chapters 15.01 “Administrative Provisions”; 15.02 “Building Code”; 15.03 “Electrical Code”; 15.04 “Mechanical Code”;15.05 “Plumbing Code”; 15.06 "Housing Code"; 15.07 “Residential Code”;15.08 “Green Building Code”; 15.10 "Existing Building Code"; 15.13 “Administrative Code”; and 15.14 “Energy Code”. Code Amendment 2022-06.
The Motion was carried by the following roll call vote:
AYES: NEWTON, GRUNDMEYER, ALEMAN, BASH, AND HOFFMAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
City Clerk Roa reminded the Community of Election Day Tuesday November 8, 2022, City Hall is a ballot drop off center and will be open from 7 am to 8 pm.
Council Member Hoffman discussed flood control projects.
Council Member Aleman discussed the first Dia De Los Muertos event in Norco.
Council Member Bash thanked staff and the community for participation in the Kiwanis 5k Run.
Mayor Newton thanked Council Member Hoffman for his work on the Rotary Annual Car Show.
City Council Minutes - November 2, 2022
8. ADJOURNMENT
Mayor Newton adjourned back to closed session at 8:03 pm.
City Council reconvened the regular meeting at 8:40 pm.
City Attorney Burns stated there were not reportable actions taken on item 3 of closed session.
Mayor Newton adjourned the meeting at 8:45 pm.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Acceptance and Award of Contract for Landscape Maintenance Services in the Landscape Maintenance Districts
RECOMMENDATION:
Accept and Award the Landscape Maintenance Service Contract for the Landscape Maintenance Districts to Nova Landscape Group, Inc. for a term of five (5) years, with two (2) two-year renewal options.
SUMMARY:
The Facilities and Maintenance Department secures and manages the service maintenance contract for the five Landscape Maintenance Districts (LMDs). In addition to landscape maintenance, this contract also includes the daily cleaning and opening of the LMDs neighborhood park restrooms, daily trash service, and stocking of supplies in park restrooms.
Bright View Landscape Services, Inc. has provided service to the City of Norco since 2015. On June 15, 2022, the City entered into a six-month extension with Bright View Landscape Services, Inc. to allow staff adequate time to thoroughly review the existing contract and prepare a Request for Proposal (RFP) for public bid. The six-month extension expires on December 31, 2022.
This item will award a contract to Nova Landscaping for maintenance in the City's Landscape Maintenance Districts.
BACKGROUND:
The scope of work for the landscape maintenance services in the LMDs includes the maintenance of equestrian trails, slopes, parkways, neighborhood parks, neighborhood horse arenas, drainage maintenance, tree maintenance, irrigation repairs, general trash cleanup, graffiti removal, restroom cleaning, and stocking of restroom supplies.
In preparation for releasing a new RFP for services, Facilities and Maintenance staff completed an audit of the landscaping services in the LMDs. Staff prepared maps, schedules, and a task breakdown of the LMDs for the RFP that included the three neighborhood parks that are located in LMD 2 (Norco Hills Park), LMD 4 (Ridge Ranch Park), and LMD 5 (Hawks Crest Park).
On September 29, 2022, the City published a Request for Proposals (RFP) for Landscape Maintenance Services for the five Landscape Maintenance Districts. On October 31, 2022, proposals were opened and staff evaluated eight proposals based on criteria set forth in the RFP:
1. Quality and completeness of the proposal
2. Proposed maintenance schedule
3. Experience and capability of the contractor
4. Staff and subcontractor qualifications
5. Types of service provided
6. Proposed equipment and labor
7. Proposal cost bid sheet
Nova Landscape Group, Inc. provided the highest-ranking scored proposal out of the eight proposals received. Proposals ranged from $422,544 to $2.9 million annually for landscape maintenance services. Nova Landscape Group, Inc. was also the lowest bidder in the amount of $422,544 (attached). The City's Public Works Department currently contracts with Nova for trail maintenance services, and the experience with this vendor has been a positive one.
The proposed Landscape Maintenance Service contract is for five years (60 months), with two (2) two-year renewal options with approval by the City Manager. Contract pricing may be adjusted annually based upon the CPI for Riverside County, not to exceed 4% per year. Any renewal options and/or CPI adjustments are subject to written approval by both parties.
The Annual Cost for each LMD is as follows:
LMD Annual cost
LMD 1 - Beazer Homes $2,567
LMD 2 - Western Pacific $86,249
LMD 3 - Centex $36,057
LMD 4 - Norco Ridge Ranch $278,246
LMD 5 - Hawks Crest $19,425
TOTAL $422,544
In total, the LMDs annual cost is increasing by $10,044 for an increase of 2.4%. Given the escalation of labor, materials, and fuel costs over the last year, staff believes the proposed contract provides an excellent overall value for the City.
Current LMD Annual Cost Proposed Annual Cost Percentage Increase $412,500 $422,544 2.4%
Nova Landscape Group, Inc. has over 20 years of experience providing landscape maintenance services to municipalities across the Inland Empire. Nova Landscaping
Group, Inc. has worked directly with the Cities of Fontana, Rancho Cucamonga, Norco, and Upland. Nova Landscape Group, Inc. has the necessary licenses and qualifications to complete the landscape maintenance services for the City of Norco. If approved, Nova Landscape Group, Inc. will start services in the LMDs on January 1, 2023.
FISCAL IMPACT:
The proposed Landscape Maintenance Service Agreement is funded from the five LMD Contractual Service Funds 34100 - 179, 176, 177, 186, 187 in the amount of $422,544 annually. Funding for the proposed Landscape Maintenance Service Agreement for the five LMDs is included in the Fiscal Year 2022-2023 Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and 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: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Proposal
Contract
Proposal and Qualifications
For
LANDSCAPE MAINTENANCE SERVICES
MAINTENANCE DISTRICTS
Prepared for:
Amanda Hamilton
Director of Facilities & Maintenance
City of Norco
2870 Clark Ave.
Norco, CA 92860
EXECUTIVE SUMMARY
RE: LANDSCAPE MAINTENANCE SERVICES – MAINTENANCE DISTRICTS Nova Landscape Group, Inc. is pleased to submit our proposal to professionally manage the Landscape Maintenance Districts throughout the City of Norco. We hereby acknowledge that the RFP in its entirety shall be included as a part of our proposal. Based on our review of the RFP we’ve identified the following issues to be key in this response:
• Proactive, professional, and consistent landscape, arena and trail management • Experience and knowledge delivered safely at a fair and competitive price • Capability to manage large scale landscapes, parks, and a central irrigation system • Proper equipment and footing management experience for equestrian arenas and trail grooming The enclosed proposal was developed based on the information requested and outlined in the RFP. It will demonstrate how our experienced team can achieve your goals. Throughout our service commitment, you will see us address the following areas that you expressed are a priority:
• Rapport & Scope Management
The Regional Manager will be your main point of contact. He will work with staff on developing a plan to prevent decline, maintain existing, and restore as needed each district’s landscape and equestrian trails. He will offer proactive recommendations, assist in prioritizing, scheduling, and developing a plan that is paced desirably and within budget. He will also make assure our teams’ resources and activities align with the city’s written specifications and priorities. • All eyes on Safety and Service
Our crews are trained to understand your scope frequencies, expectations, and city standards for proper equestrian arena/trail maintenance, traffic control, and parkway/median safety. They are thorough, safe, and take pride in their work.
• Fair and Competitive Pricing
We provide comprehensive and competitive proposals for all our services at “Not-To-Exceed” pricing and if awarded the project, will adhere to the fee schedule outlined in the contract for invoicing. We are also able to assist in creating estimates for future projects. We comply with prevailing wage laws and maintain certified payroll records as needed.
• Local Expertise & References
George and his team at Nova Landscape Group, Inc. have upwards of 20 years of experience providing landscape maintenance and installation services to municipalities across the Inland Empire and more than ten years’ experience working on the parks and LMD service contracts for the city of Norco. We worked closely with City staff and council on developing a rehabilitation and maintenance program for the cities trails and are currently the trail maintenance provider for the trails in general fund.
When you partner with Nova Landscape Group, Inc. you will have a team of local professionals dedicated to the care and safety of your Landscape Maintenance Districts. Thank you for the opportunity to submit this proposal and for your consideration. If you have any questions about this proposal or would like to arrange a meeting, feel free to contact me at (909) 641-6111 or by email at [email protected].
Sincerely,
George Magaña
TABLE OF CONTENTS
I. Executive Summary
II. Table of Contents
III. Company Information & Proposer Identification
a. Key Personnel
b. Biographies & Qualifications
IV.About Nova Landscape Group, Inc.
a. Experience and Technical Competence
b. Project Specific Experience
c. References
V. Proposed Method to Accomplish the Work
a. Staffing and Manpower
b. List of Tools & Equipment
c. Specialized Trail Equipment
d. Specialized Arena Equipment
e. Communication & Customer Service
f. Sustainable Practices
g. Schedules and Planning
h. Safety Training & Industrial Record
VI.Required City Documents
a. Insurance
b. Licenses
c. Acknowledgements RFP Page 10 & 11
COMPANY INFORMATION
PROPOSER IDENTIFICATION
Name of Business: Nova Landscape Group, Inc.
Mailing Address: 15218 Summit Ave #300-734 Fontana, CA 92336 Business Telephone, Website address:
(909) 681-6949 office
www.nlg-inc.com
Name, title, telephone number, email address, person(s) authorized to represent business entity:
George Magaña (Managing Principal) Rafael Munoz
Regional Manager Construction Manager
909-641-6111 909-656-3769
[email protected] [email protected]
Federal Tax ID Number: 81-3400115
DIR #: 1000045669
Type of Business: S Corporation
Year Corporation Established: 2016
Number of years combined experience: 50 years
CA Contractor’s/Business Licenses (C27, other required licenses).
CA Contractors License #: 1015991
Business License #: 00922231
Qualified Applicator License #: QAL 137008
Licensed in the following categories:
A. Residential, Industrial, and Institutional
B. Landscape Maintenance
C. Right of Way
F. Aquatic
KEY PERSONNEL
The team hand selected to perform the City of Norco – Landscape Maintenance Services for Districts has the skills and experience necessary to meet your specific needs and expectations.
TEAM MEMBER JOB TITLE JOB RESPONSIBILITY
George Magaña Regional Manager
(Managing Principal)
Accountable for your complete satisfaction
Ensures compliance to job specs and quality
Aids in developing schedules and routines
Performs site visits and helps prioritize
Ensures compliance to state and local legislation
Helps identify problem areas and solutions
Moises Martinez Production
Manager and Lead
Operator
Accountable for your complete satisfaction
Interfaces with city contact and production teams
Ensures compliance to job specs and quality
Reports/Documents progress and completion
Ensure readiness of workers, tools and materials
Manages crew daily activities
Operates tractors and roller
Ensures Safe environment for crews and trail users
Ruben Betancourt Operator and Spray
Tech
Maintains safe working conditions
Works with and trains field personnel
Assists with operator activities when needed
Operates spray truck and devices as needed
Executes agronomic program
Assists Production Manager as needed
Rafael M. Rios Irrigation Tech Manages irrigation system Addresses daily alerts
Performs on-site inspections and repairs
Provides required reports
Assists Production Manager as needed
TBD – 3 Detail Crew
Members
Perform general landscape tasks
Pruning, trimming for encroachment
Operates all small hand-held machines
Trash and debris clean-up
Weed spraying and removal
Trail maintenance and safety
Tree under-trimming for safety clearance
Wendy Magaña Office Manager Certified Payroll
Customer Service
Billing & Accounts Receivable
Purchasing & Accounts Payable
Assists with compliance
Assists with reports
BIOGRAPHIES & QUALIFICATIONS
George Magaña, Regional Manager (Managing Principal)
With over a decade providing landscape maintenance and construction services for many municipalities throughout the Inland Empire, George brings a wealth of knowledge and experience to the team. He’s partnered with large scale municipalities as well as the military on designing and refining scopes of work for maintenance and construction projects. As an account manager, he personally managed teams delivering service to hundreds of acres of parks, miles of trails and parkways, and even managed the Park and LMD contracts for the city of Norco for over a decade. He’s led teams of upwards of 350 members performing landscape maintenance, construction, tree care, water management, and equestrian services and understands the importance of delivering consistently against complex scopes of work, while maintaining flexibility to change direction as priorities evolve and never compromising on safety. George is also a horseman who rides regularly in town.
Rafael Munoz, Construction Manager
Rafael is a 25-year veteran of the green industry working in several aspects of the business, including design, installation and maintenance. He has worked on some of the largest contracts across the Inland Empire for the largest corporate entity in the landscape industry. Some notable projects include contracts for the Cities of Ontario, Diamond Bar, Norco, Rancho Cucamonga and Fontana. He was the project manager on the horse trail drain project in LMD 4, the construction of mainline and new trail on Hillside and the re-landscaping of Norco Hills Rd. He holds a C27, a Qualified Applicators License and oversees the construction department within the branch. Rafael has vast horticulture & construction knowledge and is also an avid horseman who rides regularly throughout the Norco trail system.
Moises Martinez, Production Manager & Equipment Operator Moises has been in the industry for over 10 years. He has vast knowledge and experience operating a wide variety of tractors and equipment and is very capable of solving almost any problem or issue that may arise in the field. Moises training allows him to provide expertise in proper landscape management, as well as arena and trail grooming techniques and practices. He has an extensive background in landscape maintenance and understands the importance of consistently maintaining safe, clean, landscapes, arenas, and trails. He is responsible for the day-to-day operations of our crews and to ensure we are meeting our customers’ expectations. He works with the crews daily to keep them on task and make sure we adhere to the scope of work requirements.
Gualberto Curiel, Qualified Applicator & Agronomic Specialist Gualberto has been in the industry for over 12 years. He leads up our agronomic department, handles the training of our spray technicians and assures we are in compliance with all state and local agency regulations as well as those of the department of pesticide regulation. His’s expertise includes weed abatement, pre-emergent, growth regulators and pesticide application. He is a licensed qualified applicator with endorsements in the following categories: A. Residential, Industrial, and Institutional, B.
Landscape Maintenance, C. Right of Way, and F. Aquatic. He has worked on projects such as The City of Diamond Bar, The City of Fontana, The City of Norco, The City of Rancho Cucamonga, Kaiser Hospital in Fontana and many other projects requiring various types of chemical applications.
Crew Members, General Landscape and Trail Maintenance
Nova Landscape Group, Inc. prides itself on developing its team members through training and mentoring. Our Operators, Crew Leaders, & skilled laborers transition through various levels of training and responsibility. Our people are some of the best trained, and most experienced in the industry. Most of our people have been in the industry for over 5 years, and several for 10 or more years. Our crew members are the backbone of the company, performing the daily maintenance services on the properties we have been entrusted with caring for.
EXPERIENCE & TECHNICAL COMPETENCE
With over 20 years experience, Nova’s team of professionals have consistently delivered for our customers across the Inland Empire. Our ability to dependably deliver for our customers, when others are driven by a bottom line, differentiates us from big businesses in our industry. We value our clients and deliver significant value for each landscape dollar they spend.
Services:
Nova Landscape Group, Inc. provides landscape services at a value to our clients in many forms. Our service offerings include:
Design & Pre-Construction Services. We’ve worked on some of the Inland Empire’s largest turf conversion projects, central irrigation retrofits, and even disaster recovery projects for the military. Our team works with customers on simple, effective and sustainable solutions, value engineering, and “What if scenario’s” to make sure we’ve thought things through.
Landscape Construction. We are a proud provider of landscape installation services for customers on a large and small scale. We are here to help no matter what your budget. Landscape Maintenance. With over 10 years offering solutions and services specifically for the City of Norco, we have the experience and equipment to deliver playable athletic fields, clean and green parks and restrooms, traversable driveways, and horse trails, as well as correct footing for horse arenas. In addition, we are capable of maintaining and managing large-scale irrigation systems to help ensure we are in line with your water budgets. This is a vast array of technical services that few in our industry can match. Honoring our commitments. Customer satisfaction is our priority. We work to build long lasting trust-based relationships as we know exceeding a clients’ expectations will lead to continued business and referrals.
We also understand the importance of working closely with city staff and maintaining constant clear communication to ensure residents are receiving the expected services at the expected intervals. Professional service tailored to specific client needs. Nova trains, empowers, and provides incentives to local managers to make the decisions necessary to service and completely satisfy our customers. We strive to fully understand the needs of our customers and to address those needs with a personal level of service. Treating our client’s resources as if they were our own. Nova is a local family-owned business. We respect the value of a hard-earned dollar and focus on working effectively and minimizing waste. We do our best to find long term solutions and minimize expenses to help deliver for our clients. Proactive management of your asset. With a highly tenured workforce and continual training; we work to minimize liability and risk in everything we do. Our goal is simple, effective and sustainable landscape solutions to resolve problems right the first time. If and when unexpected issues arise, management is on site reporting, documenting, and communicating solutions.
The team at Nova Landscape Group Inc., strives to build a reputation in the private and public sector by working successfully with owners, builders, developers, city staff, and property managers to nurture landscapes across Southern California.
PROJECT SPECIFIC EXPERIENCE
Nova Landscape Group, Inc., is a locally owned and operated company that provides service exclusively in Southern California. Our team is well versed in the techniques required to manage landscapes in this unique climate.
We are well versed in municipal contracts consisting of parks, equestrian services, and athletic fields, and we understand how best to work with city staff to ensure the residents receive the service level outlined in the scope of work, providing them with safe, unobstructed, aesthetically pleasing landscapes, athletic fields, arenas, and trails throughout the city. In addition to a C-27 Landscape Contractors license, Nova Landscape Group, Inc. currently maintains a Qualified Applicators License and close working relationships with a licensed Pest Control Advisor to assure our agronomic program is planned and executed to the standards required by all local and state governing agencies. In addition, we partner with a select group of arborists, certified irrigation auditors, landscape architects, manufacturers reps, and other industry leading professionals to assure that every challenge we face meets with a simple, safe, and effective solution.
Nova Landscape Group, Inc. has the necessary resources in house, as well as the ability to obtain any additional equipment and/or employees, before the start date of this contract. In addition to our experience working with other municipalities throughout the Inland Empire, our team has more than 10 years of experience maintaining landscapes, athletic fields, horse arenas, and miles of equestrian trails specifically for the City of Norco.
Some of the other contracts our teams have collaborated on are:
The City of Fontana LMD’s, Parks, and Athletic Fields
The City of Diamond Bar Parks and Athletic Fields
The City of Rancho Cucamonga LMD’s, Parks, and Athletic Fields The City of Chino Hills Parks, Parks, McCoy Equestrian Center, and Athletic Fields The City of Upland LMD’s, Parks, and Athletic Fields
Nova has partnered with cities throughout the Inland Empire for many years on maintaining athletic facilities and sports complexes and understands the importance of maintaining safe, playable fields throughout the year. In addition, we have hands on experience working safely on Norco’s parks, slopes, streetscapes, central irrigation systems, arenas, and trails. We have and continue working with city staff on many projects throughout town. We own and operates several tractors equipped with implements such as loaders, TR3 rakes and arena groomers, and we are committed to delivering the service you’ve come to expect at a value-added price.
Nova Landscape Group Inc. was founded by individuals who are also avid equestrians dedicated to safely providing our trusted partners with lush thriving landscapes as well as equestrian services and unsurpassed customer service at a fair and competitive price. Our model is simple, people first and a focus on what we do best, managing landscapes. We know by putting our clients and employees first, and delivering consistent service at a competitive price, we will build trust-based relationships that will endure year after year.
We are a minority owned business that does not discriminate against any employee, applicant, or subcontractor because of race, color, religion, sex, or national origin. We are an equal opportunity employer, and we adhere to all federal, state, and local laws and regulations. We maintain compliance with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions. We also comply with the Copeland Anti-kickback act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
REFERENCES
List of References/Similar Projects
The team at Nova Landscape Group, Inc. has worked on many similar projects in the Southern California market.
We’ve collaborated with municipalities, universities, resorts and military bases on maintenance, construction, drought conversions, central irrigation retrofits and restoration. During his tenure at various organizations throughout his career George Magaña has always strived to build enduring relationships by delivering results. We welcome you to contact the following clients and ask questions regarding his level of service and commitment to them.
City of Norco
Maintenance, Water Management & Construction
Contact: Chad Blais (951) 270-5678
Contact: Derek Lacombe (951) 270-5605
Collaborated on landscape maintenance, construction, and water management services across approximately 120 acres in various locations throughout the city. These areas include equestrian trails, public parks (including daily restroom maintenance), parkways and medians, sports fields, slopes, open space, community centers, and Landscape Maintenance Districts (LMD’s).
City of Diamond Bar
Maintenance, Water Management & Construction
Contact: Anthony Jordan (909) 376-0351
Collaborated on landscape maintenance and construction as well as water management services at various public facilities throughout the city including parks, athletic fields, community centers, schools, medians, parkways, and common areas. Performed the installation of an upgraded central irrigation system throughout LMD’s, parks, and facilities.
City of Rancho Cucamonga
Maintenance, Water Management & Construction
Contact: Steve Relph (909) 773-2624
Collaborated on landscape maintenance and construction, as well as turf removal and drought conversion services, in various locations throughout the city, such as parks, athletic fields, parkways, medians and Landscape Maintenance Districts (LMD’s).
City of Fontana
Maintenance, Water Management & Construction
Contact: Dan West (909) 350-6518
Collaborated on landscape maintenance and construction as well as water management services at various public facilities throughout the city including parks, community centers, schools, medians, parkways, athletic field, and common areas.
PROPOSED METHOD TO ACCOMPLISH WORK
Should Nova Landscape Group, Inc. be selected as your Landscape Maintenance contractor, we would work closely with you on developing and fine tuning a plan to meet your goals on time and within budget. We are confident that this complement of resources would allow us to meet your objectives of getting the city’s LMD’s, Trails, Arenas, & Parks up to standard and keeping them there.
If selected as your service provider, we would assign the listed personnel below as well as additional resources as needed to maintain a high level of service:
1 - Account Manager
1 - Crew Leader
3 - Crew Members
As Needed - Equipment Operator
As Needed - Irrigation Auditor
As Needed - Spray Technician
As Needed - Custodian
The Account Manager would work with the city representative on planning, prioritizing, and developing schedules. His main responsibility would be to ensure that the entire staff is safely executing the maintenance program, as outlined in the RFP. He will also be responsible for monthly reporting due to city representative and act as a support piece to other staff.
The Equipment Operator will spend his time grading trails. He will ensure adequate water is applied before the tractor begins the grading process, as well as before the roller begins the compaction process to ensure the trail surface is properly graded and compacted. He will also be responsible for grooming the arenas.
The Irrigation Tech would be responsible for overall irrigation management including repairs, programming, and filling out any reports that are required as part of the maintenance contract. He would address alerts daily. He would assure we are properly irrigating and maintaining the system throughout the parks and districts. He would also call-in additional techs as needed to maintain irrigation during peak season.
The Spray Tech is responsible for applying pre-emergent and post-emergent as well as controlling pests throughout contracted areas. He will also be responsible for monthly chemical use reporting and ensuring we are in compliance with the department of pesticide regulation.
The Crew Leader will spend their time aiding the crew, he is responsible for keeping his team on task and managing the more technical aspects of their routines, he also helps prioritize tasks and responds to work orders.
Together the Crew Members will be performing maintenance duties as outlined in the RFP such as pruning encroaching vegetation/trees, trash and litter pick up, weeding and spraying, mowing, and responding to all service requests. Their goal would be maintaining a safe aesthetically pleasing landscape throughout the parks and districts.
The following Specialized Employees and Associates are also available to assist the team:
- Irrigation Specialists (System design, renovation, water management, backflow testing) - Tree Care (by Certified Arborists)
- Access to additional experts including, pest control advisors, agronomists, and horticulturalists - Customer Service Department
By having these in-house departments and external partnerships to support our maintenance crew, we find that we can formulate simple and effective solutions to any landscape challenge in your city.
LIST OF TOOLS AND EQUIPMENT
Should Nova Landscape Group, Inc. be selected as your landscape contractor, the following equipment would be made available to City of Norco – Maintenance Services Team:
TRUCKS & HEAVY EQUIPMENT
a. F250 Crew Trucks with Landscape Trailers
b. Dump Truck as needed for material hauling
c. Spray Truck and/or Cart with 2- 50 gallon or single 100-gallon tanks d. John Deere 110 backhoe with loader, box scraper, and necessary attachments e. Kubota L3901 with loader, TR3 Grading rake, and box scraper with top/tilt hydraulics f. Kubota B2301 with grapple loader, TR3 Arena rake, and box scraper with top/tilt hydraulics g. Hamm 12V Tandem Vibratory Roller as needed for compaction h. Water Trailer as needed for watering in D.G.
i. Account Manager vehicle use for trail inspections
POWER EQUIPMENT
a. Plate compactors
b. Turf Aerator
c. Weed Eaters
d. Hedge Trimmers
e. Blowers
f. Power washers
HAND TOOLS
a. Hedge Shears
b. Loppers
c. Pole Pruners for trees
d. Hand Pruners
e. Spreaders
f. Stake Driver
g. Shovels, rakes, brooms, etc…
TRAFFIC CONTROL AND SAFETY EQUIPMENT
a. Arrow Boards and Directional Signal Lights
b. Safety Cones and Advance Warning Signs
c. Class II & III Safety Vests
AS NEEDED VEHICLES WITH SAFETY LIGHTING (STROBE/AMBER FLASHING LIGHTS)
SAFETY EQUIPMENT FOR ALL WORKERS
In general, Nova Landscape Group, Inc. has experience with and access to all the equipment necessary to work on a job of this size and scope. We also follow careful safety procedures for working in and around roadways and adhere to the guidelines set forth in the W.A.T.C.H. manual.
SPECIALIZED TRAIL EQUIPMENT
We understand the community of Norco and its maintenance requirements are unlike that of any other municipality in Southern California. Norco provides equestrians with many miles of horse trails and maintains many acres of horse arenas in almost every part of town. As avid equestrians ourselves, it has always been our goal to provide first-rate service to the equestrian community. To that end, we have invested thousands of dollars in specialized equipment that is dedicated to the City of Norco. We have also invested countless hours in training to properly groom and rehabilitate trails and arenas. The following are some of the tools of the trade we own and operate in town that allow us to deliver unparalleled service to HorseTown USA.
OUR TEAM DELIVERS RESULTS AS REQUESTED 24X7 WITH THE FOLOWING DEDICATED EQUIPMENT We have 3 tractors available in different sizes for wide or narrow trails, small or large arenas.
We utilize box blades in assorted sizes as well as this TR3 Rake to grade and groom trails and driveways.
Our vibratory compacting roller achieves the desired
level of compaction outlined in the City’s Standard 700.
SPECIALIZED ARENA EQUIPMENT
Norco is home to equestrians of all types and levels of experience, from beginning riders on trail horses to competitive riders on professional horses able to do fifteen-foot slides and run tight circles around barrels. As residents of Norco, each of these riders looks forward to a properly groomed arena that provides a safe footing for their beloved horses. A properly maintained arena provides a safe place for folks to exercise and train with their horses and an improperly maintained arena can flood, compact, and potentially lead to injury. We have invested in not one but two of the industries most respected implements for arena grooming. We utilize a TR3 Rake for rough work as needed but for a professional level arena finish our implement of choice is the TR3-E. With its five points of contact, it ensures a your arenas receive a professional level surface each and every time.
We received excellent reviews from the locals after grooming Ted Brooks arena as well as others with this specialized arena drag.
The TR3-E Equine Edition Arena Drag is our newest dedicated arena groomer
COMMUNICATION & CUSTOMER SERVICE
To ensure a successful partnership, effective communication is one of our top priorities.
OUR TEAM WILL DELIVER COMMUNICATION AS REQUESTED 24X7
We utilize Lucity as needed to track assets and respond to Work Orders We maintain constant communication with city staff regarding our maintenance activities We customize our schedules and routines to accommodate special requests and events We provide digital photos and reports as outlined in the RFP We provide a dedicated account manager as well as an AFTER-HOUR contact for emergencies At Nova Landscape Group, Inc. work requested by our customers is typically communicated either by phone or email directly with their on-site supervisor, account manager, or through the local branch office. We have access to Lucity and receive work orders as assigned by city staff here as well. Delegation of the work is then scheduled by the account manager with scope of work requested, responsibilities, and/or maps highlighted for where the work is to be completed. If/when issues arise our production manager who spends each day in town will provide an immediate response and address the concern. We also upload before and after photos into Lucity as needed.
Should we receive complaints from the public or receive reports regarding damage to public or private property, an incident report will be filed along with pictures taken. This report will be reviewed with our office manager who will work with city staff and our regional manager to assure the issue is resolved properly to the satisfaction of the city representative.
SUSTAINABLE PRACTICES
The team at Nova Landscape Group, Inc. partners with one of the Inland Empire’s largest state certified recycling centers to divert all the green waste we generate from landfills and return it to the landscapes we maintain.
We take all the trimmings and debris generated from our maintenance activities to a facility where they are processed and converted to beneficial organic mulch and compost.
Many of our competitors will use a lesser quality mulch made up of waste wood from wood shops, furniture factories, and lumber yards to save on costs. We however choose to utilize trimmings collected in landscape maintenance activities. Since these organic mulches are made up of raw plant material, they add beneficial nutrients to the soil through decomposition. This organic nutrient serves as food for many microorganisms in the soil and is necessary for maintaining and promoting good soil granulation and health. Mulch also helps keep the soil temperature constant so that activity of the microorganisms can continue at an even rate. An additional side benefit is the deep rich color.
The six-acre facility we work with processes upwards of 600 cubic yards of green waste daily and produces more than two thousand cubic yards of recycled green waste per week. They have the capability to track deliveries from our teams and provide reports indicating the amount of green waste generated by our teams.
SAFETY TRAINING & INDUSTRIAL RECORD
It is the policy of Nova Landscape Group, Inc. that every employee is entitled to a safe and healthy workplace. To this end, every reasonable effort is made in the interest of Accident Prevention, Fire Protection, and Health Preservation. We have a comprehensive safety policy and training program covering proper use of PPE, equipment, safety devices, adhering to WATCH manual, risk mitigation and accident reporting.
The management concept of Nova Landscape Group, Inc. is not production before safety; it is the safe production of our service commitments to every client. Especially in cases where we are working on streetscapes.
We at Nova Landscape Group, Inc. take seriously the responsibility of the safety of every individual and make it a part of our daily & hourly concern. We count on each team member to do their part in making our program an effective one.
The successful operation of Nova Landscape Group, Inc. depends first and foremost on how safely each job is performed. There is no job so important - nor any service so urgent - that we cannot take time to work safely. We consider the safety of our personnel to be of prime importance and hold each team member accountable for their full cooperation in making our program effective.
Our management responsibilities consist of:
• Familiarize themselves with company safety policies, programs and procedures. • Provide complete safety training to employees prior to assignment of duties. • Consistently and fairly enforce all company safety rules. • Investigate injuries to determine cause, then take action to prevent repetition. • See that all injuries, no matter how minor, are treated immediately and referred to the office to ensure prompt reporting.
• Inspect work areas often to detect unsafe conditions and work practices. • Utilize company safety inspection checklists as required.
Our employee responsibilities for safety consist of:
• Adhere to all safety rules and regulations.
• Wear appropriate PPE and safety equipment as required. • Maintain equipment in good condition, with all safety guards in place when in operation. • Report all injuries, no matter how minor, immediately to a supervisor. • Encourage co-workers to work safely.
• Report unsafe acts and conditions to the supervisor.
We are proud of our commitment to safety. Thanks to this commitment to basics like, regular tailgate meetings and proper training, at the time of this proposal we are currently operating at over 620 days without an OSHA recordable or a lost time incident.
Nova Landscape is committed to proper and professional business practices and as such, hereby acknowledges its willingness to allow all authorized federal, state, county, and City of Norco officials access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project upon request. All federal laws and regulations shall be adhered to notwithstanding any state or local laws or regulations, the strictest shall be adhered to. All relevant records shall be retained for a period not less than three years.
SCHEDULES & PLANNING
We pride ourselves on being diligent planners. It is our belief that creating routines and custom schedules keeps not only our team on task, but it also helps to set expectations for residents and allows us to adjust for changing needs and priorities that occur throughout the year. If selected as your maintenance services provider, we would customize schedules like the ones seen below. It would outline details such as what seasonal activities our crews will be performing as well as how much and what type of materials we would be applying.
In addition, we utilize maps to create routes for our various teams to cycle through town. We typically have a trails crew following maps that ensure they address each trail the required number of times each year, as well as a map that indicates streets that are a priority during the rainy season because of severe slopes that may cause accessibility problems to residents. Our parks and maintenance crew would follow a separate schedule that would also ensure they service areas at the required intervals outlined in the RFP as well as prioritize areas that may have plant material that grows at a faster rate.
Horticulture Calendar
Southern California Area
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Activities
1 Turf Detail
2 Mow
3 Turf aeration
4 Mowing height adjustment
5 Overseeding O
6 Ornamental Detail
7 Hard pruning
8 Small tree pruning
9 Tree stake removal
10 Limb ups
11 Final leaf clean up
12 Mow groundcover
13 Agapanthus flower cleaning
14 Day lily shearing
15 Society garlic shearing
16 Ornamental grass shearing
17 Seasonal Color
18 2 changes
19 3 changes
20 4 changes
21 Agronomic Program (Turf)
22 22-3-9 O O
23 39-0-0 SCU O O O
24 46-0-0 Urea
25 Crabgrass pre-emergent
26 Poa pre-emergent
27 Sedge post-emergent
28 Oxalis post-emergent
29 Kikuyugrass post-emergent
30 Poa post-emergent
31 Broad leaf post-emergent
32 Ornamental Program
33 Fertilization as needed
34 Insect control as needed
35 Ivy Growth regulator
36 Other Growth regulators
37 Olive fruit control
38 Subsurface insect injection
39 Sycamore anthracnose/powdery mildew
40 Pre-emergent (ornamental beds)
41 Irrigation
42 Monthly Irrigation inspections
43 Seasonal Adjustments
44 Dial down irrigation stations
45 Significantly reduce irrigation
46 Clock shut-down
Legend
Turf Detail 4 - In March, begin increasing mowing height. In October, begin reducing mowing height.
Ornamental 12 - For example: Ivy, Hypericum, Euonymous, Vinca Seasonal Color 27 - Requires 2 sequential applications, 4 weeks apart Agronomic Turf 28 - Requires 2 sequential applications, 4 weeks apart Ornamental Program 36 - Works best when applied within 48 hours of shearing Irrigation 39 - 3 sequential applications, 7 days apart O Order material
January February March April May June July August September October November December
INSURANCE
Nova Landscape Group, Inc. meets all City of Norco minimum qualifications in the RFP. We hereby acknowledge the willingness and ability to comply with the city’s insurance requirements. Below is a sample of our insurance coverage.
Below is a sample of our insurance coverage.
LICENSES
ACKNOWLEDGEMENTS
10 CITY OF NORCO
REQUEST FOR PROPOSALS
LANDSCAPE MAINTENANCE SERVICES - MAINTENANCE DISTRICTS
TO CITY OF NORCO, as AGENCY:
In accordance with AGENCY’S “Notice Inviting Sealed Proposals,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work, which the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract Documents.
DATED: _____________ October 28 , 2022 BIDDER: _____________________________ Nova Landscape Group, Inc.
ACKNOWLEDGEMENTS CONT…
11 BY: __________________________________
TITLE: _______________________________
BIDDER’S ADDRESS: ________________________________________________ ______________________________________________________________________ PHONE: ___________________________________________________________ George Magaña
President
15218 Summit Ave. #300-734 Fontana, CA 92336
909-641-6111
Cost Proposal
For
SERVICES FOR LANDSCAPE MAINTENANCE DISTRICTS
Prepared by Nova Landscape Group, Inc.
15218 SUMMIT AVE #300-734
FONTANA, CA 92336
12 BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidders Name: __________
Business Address: _____________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Telephone: ______________________________________________________________________ State Contractor's License No. and Class: ______________________________________________ Original Date Issued: ___________________Expiration Date: ________________________ DIR Registration No.: ___________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 15218 Summit Ave. #300-734 Fontana, CA 92336
909-681-6949
Nova Landscape Group, Inc.
No. 1015991 - C27
07/31/2024
1000045669
George Magaña 5336 Strawberry Way Fontana, CA 92336
N/A
Nova Landscape Group, Inc.
14 LIST OF SUBCONTRACTORS
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor’s total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.
Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.)
An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
____________________ _______________________________________ Dated Bidder
_______________________________________
Signature
_______________________________________
Signature
Name Under
Which Sub
Contractor is
Licensed
License
Number
DIR
Number
Address of
Office
Specific
Description of Sub
Contract Work
% of
Total
Bid
Sub Contracted amount is less than 0.5%
October 28, 2022 Nova Landscape Group, Inc.
15 REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ City of Norco - 2870 Clark Ave. Norco, CA 92860 - Chad Blais (951) 270-5678 City of Diamond Bar - 21825 Copley Dr. Diamond Bar, CA 91765 - Anthony Jordan (909) 839-7063 City of Rancho Cucamonga - 8794 Lion St. Rancho Cucamonga, CA 91730 - Dean Rodia (909) 477-2700 Stong Surety Services - 4850 Arlington Ave. Riverside, CA 92504 - Mike Stong (951) 343-0382 Arch Insurance Services - 3 Parkway Suite 1500 Philadelphia, PA 19102 - Richard Morgan (303) 218-2134
16 NON-COLLUSION DECLARATION
The undersigned declares:
I am the _____________________ of _________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________ [city], __________________ [state].
President Nova Landscape, Group, Inc.
October 28, 2022 Fontana
California
17 CITY OF NORCO
REQUEST FOR PROPOSALS
ACKNOWLEDGEMENT OF ADDENDA
LANDSCAPE MAINTENANCE SERVICES - MAINTENANCE DISTRICTS
Date _____________________________
Bidder_____________________________
Contractor License # _________________
DIR # _____________________________
TO THE: DEPARTMENT OF FACILITIES AND MAINTENANCE
City of Norco Vendor Portal at www.norco.ca.us/bid
The undersigned, having carefully examined the proposed site, the Request for Proposals, Instructions to Bidders, Agreement Form, Bond Forms, General Conditions, Supplementary General Conditions and Specifications for Landscape Maintenance Services for the City of Norco’s (5) Landscape Maintenance Districts with a contract start date of January 1, 2023 with a term of five years (60 months), with two (2) two-year renewal options with approval by the City Manager. The proposal prices shall include all costs, including labor, materials, and all other incidental cost to complete the service, in compliance with the Bid and Contract Documents and applicable standards. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and applicable standards are assumed to be included in the bid prices. BIDDER understands that a bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE MAINTENANCE DISTRICTS 1,2,3,4, and 5
LOCATED IN THE CITY OF NORCO, CALIFORNIA
hereby proposes and agrees to furnish all tools, equipment, services, apparatus, facilities, transportation, labor and materials necessary to complete the construction in strict conformity with the Drawings and Specifications, including all work specified in Addenda numbered and dated as follows:
ACKNOWLEDGEMENT OF ADDENDA:
Addendum No. Date
Addendum No. Date
Addendum No. Date
Addendum No. Date
October 28, 2022
Nova Landscape, Group, Inc.
1015991
1000045669
1 October 28, 2022
CONTRACT AGREEMENT
CITY OF NORCO
LANDSCAPE MAINTENANCE SERVICES – MAINTENANCE DISTRICTS
1. Parties and Date.
This Agreement is made and entered into this 16th day of November, 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 Nova Landscape Group, Inc., a corporation with its principal place of business at 15218 Summit Ave #300-734 Fontana, CA 92336 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the LANDSCAPE MAINTENANCE SERVICES – MAINTENANCE DISTRICTS on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in landscape maintenance Services of landscape maintenance districts for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Services.
The City desires to engage the Contractor to render such Services for the LANDSCAPE MAINTENANCE SERVICES - MAINTENANCE DISTRICTS (“Services”) 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 provide Services outlined by the LANDSCAPE MAINTENANCE SERVICES – MAINTENANCE DISTRICTS. Landscape maintenance Services in the City’s (5) Landscape Maintenance Districts. The (5) Landscape Maintenance Districts include the maintenance of equestrian trails, slopes, parkways, neighborhood parks, neighborhood horse arenas, drainage maintenance, tree maintenance, graffiti removal, restroom cleaning, and stocking of restroom supplies. The Services are more particularly described in Sections 1-9 attached hereto and incorporated
herein by reference. The 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 are for a Landscape Maintenance Services Contract for five years (60 months), with two (2) two-year renewal options with approval by the City Manager. Contract pricing may be adjusted annually based upon the CPI for Riverside County (not to exceed 4% per year). Any renewal options and/or CPI adjustments are subject to written approval by both parties. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The start date for Services is January 1, 2023.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be provided by Contractor or under its supervision. Contractor will determine the means, methods and details of providing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel providing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the Services provided 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 provide Services expeditiously, within the term of this Agreement, and in accordance with the Services timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to provide the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Services 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 Services 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 Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.
Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates George Magaña, Managing Principal, 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 Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Service. Contractor agrees to work closely with City staff in providing thee landscape Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall provide Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to provide Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to provide Services. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any Services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to provide the Services in a manner acceptable to the City, shall be promptly removed from the Service by the Contractor and shall not be re-employed to perform any work on the Landscape Maintenance Services Contract.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Services under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Services in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Services 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 Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 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 Services 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 $2,000,000 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) 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:
$2,000,000 per occurrence or claim
$4,000,000 general or policy aggregate
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
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 products/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 coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
I. The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
II. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
III. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
IV. A copy of the claims reporting requirements must be submitted to City for review.
V. These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and 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 providing the Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the 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 compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.
The surety must be a California admitted surety with a current A.M. Best’s rating no less
than A: VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Special Provisions 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 Services, 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/Services. If the Services are being performed as part of an applicable "public works" or "maintenance" project/Services, 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/Services 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:
Nova Landscape Group, Inc.
George Magaña, Managing Principal
15218 Summit Ave #300-734
Fontana, CA 92336
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
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 Services.
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 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 Agreement. 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 Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and 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 Agreement.
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 Services.
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 Services 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 Services with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Contractor: Nova Landscape Group, Inc.
*By:
________________________________
Signature
George Magaña, Managing Principal
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:
_________________________________
Harper & Burns, LLP
City Attorney
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Amendment to Communications Site Lease Agreement with SBA 2012 TC Assets, LLC, for Cell Tower located at Wayne Makin Sports Complex
RECOMMENDATION:
Approve Amendment to Lease Agreement with SBA 2012 TC Assets, LLC; and adopt Resolution No. 2022-80 for the continued ground lease of Cell Tower Site CA45812- A/River with rent escalations.
SUMMARY:
The City of Norco has held a lease agreement with SBA 2012 TC Assets, LLC (SBA) since 2005. The SBA Cell tower site CA 45812-A/R is located at Wayne Makin Sports Complex and has generated additional revenue for the City's Park Maintenance Division.
The existing cell tower lease agreement terms ended in June 21, 2021, but SBA has continued to pay monthly rent while the City was renegotiating the extended agreement.
The renegotiation of the lease agreement included bringing SBA's monthly rent up to current market rates, including favorable terms for extensions, one-time payments, and yearly percentage escalations. City staff also reviewed surrounding municipalities' leaseagreements. A study was conducted to compare the current City of Norco cell tower lease-agreements with JCSD and the City of Rancho Cucamonga's agreements. In total, nine lease-agreements were analyzed and incorporated into the data set.
The monthly cell tower revenue data collected showed an average monthly revenue of $2,653 with the range of $1,643 to $3,939 per month. The data set collected included cell tower sites that were located in parks similar to the SBA Cell tower site. The study found that the City of Norco's cell tower lease agreements have a higher monthly income than the lease agreements of JCSD or Rancho Cucamonga.
The data also collected included terms of the agreements, escalators, and one-time benefit payments. The average Escalator, Terms, and One-Time Payments are shown below for the nine-cell tower lease-agreements included in the data set.
Components Average
Escalator 3%
Terms 22.5
One-Time Payment $7,156
Once staff received the final negotiated agreement with SBA, the comparisons with the nine other lease-agreements allowed us to make a confirmed decision to recommend approval of the amended lease-agreement to the City Council.
BACKGROUND:
The SBA amended agreement includes the following:
1. Terms - (4) additional successive terms of five (5) years (each a “Renewal Term”). The next amended agreement will be negotiated and completed in 2041.
2. Underpayment of Rent - from prior months (July 1, 2021 until execution of this Amendment) will be paid after receiving the fully executed documents of this Amendment.
The estimated total for repayment is $900.
3. The table below shows the escalated month rent increase to bring SBA lease up to current market rates.
Year Monthly Annually Monthly
Increase
Annual
Increase
% of
Increase
7/1/2021 $1,719 $20,628 -
7/1/2022 $1,875 $22,502 $156 $1,874 9%
7/1/2023 $2,031 $24,377 $156 $1,874 8%
7/1/2024 $2,187 $26,251 $156 $1,874 8%
7/1/2025 $2,343 $28,126 $156 $1,874 7%
7/1/2026 $2,500 $30,000 $156 $1,874 7%
4. Escalator - Beginning on July 1 2027, and each anniversary thereafter, rent shall be increased by three and one-half percent (3.5%) annually.
5. One-Time Payment - Upon full execution of this Amendment, the City of Norco will receive a payment of Ten Thousand and No/100 Dollars ($10,000.00).
The above-mentioned components of the agreement bring the lease to current market rates with favorable terms. It is recommended that the City Council approve the amendment to the SBA cell tower site lease agreement for continued partnership with SBA and increased revenue for the City.
FISCAL IMPACT:
The estimated revenues from the SBA Cell Tower Site will generate $20,628 - $30,000 annually from FY 2022 - 2023 thru FY 2026 - 2027; $10,000 in FY 2022 - 2023: and $900 in FY 2022 - 2023 for the Park's Maintenance Revenue Account (121.733.54220) to offset division 733's Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #5 - Infrastructure and 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: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Resolution No 2022-80
SBA Amended Lease Agreement
RESOLUTION NO. 2022-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING THE COMMUNICATIONS SITE LEASE
AGREEMENT FOR SITE #CA45812-A/RIVER, LOCATED AT WAYNE MAKIN SPORTS COMPLEX, BETWEEN THE CITY OF NORCO AND SBA 2012 TC
ASSETS, LLC
WHEREAS, the City of Norco entered into a Communications Site Lease Agreement (Ground) on the property described in Exhibit “A” thereto attached, with SBA 2012 TC Assets, LLC, a Delaware limited liability Company (SBA) on October 5, 2005; and WHEREAS, the above noted Site Lease Agreement is evidenced by that certain Memorandum of Agreement, recorded August 25, 2011, as Doc # 2011-0378577, and assigned to Tenant, f/k/a Tower Co Assets LLC, a Delaware limited liability company, successor by merger to Tower Entity 7 LLC, a Delaware limited liability company, pursuant to that certain Assignment and Assumption of Ground Lease, recorded December 31, 2008, as Doc # 2008-0682921; both recordings of the Official Records of Riverside County, California, as amended and assigned from time to time (collectively “Agreement”) to SBA by and between the City of Norco as Landlord and SBA, as Tenant; and
WHEREAS, the City of Norco shall be and is hereby authorized and directed to grant the Amendment and any and all documents in connection with the Amendment; and WHEREAS, that the City of Norco is hereby authorized to take or cause to be taken, any and all actions necessary to enter into, execute, deliver and perform the Amendment and any and all documents and documentation that may be required or contemplated under the terms of the Agreement and to do any and all things which in the City’s discretion may deem to be necessary or appropriate in connection with or in furtherance of the foregoing resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, approve the amendment to Communications Site Lease Agreement between the City of Norco and SBA 2012 TC Assets, LLC.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on November 16, 2022.
______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_______________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2022-80, Amendment to Site Lease Agreement with SBA
November 16, 2022
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on November 16, 2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 16, 2022.
__________________________
Dana Roa, CMC, City Clerk
City of Norco, California
CA45812-A/River 1
Prepared by: Denise Scherer
After recording return to: Rita Drinkwater
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487
Ph: 800-487-7483 ext. 7872
Parcel ID: 129-020-09
129-020-38
129-291-010
AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
THIS AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(Ground) ("Amendment") is executed this ______ day of _____________, 20____, (“Effective Date”) by and between CITY OF NORCO, a California municipal corporation, having an address at 2870 Clark Ave, Norco, California 92860-1903 ("Landlord") and SBA 2012 TC ASSETS, LLC, a Delaware limited liability company, having a principal office located at 8051 Congress Avenue, Boca Raton, Florida 33487-1307 ("Tenant").
WHEREAS, Landlord and Nextel of California, Inc., a Delaware corporation, d/b/a Nextel Communications, entered into that certain Communications Site Lease Agreement (Ground), dated October 5, 2005, as evidenced by that certain Memorandum of Agreement, recorded August 25, 2011, as Doc # 2011-0378577, and assigned to Tenant, f/k/a TowerCo Assets LLC, a Delaware limited liability company, successor by merger to Tower Entity 7 LLC, a Delaware limited liability company, pursuant to that certain Assignment and Assumption of Ground Lease, recorded December 31, 2008, as Doc # 2008-0682921; both recordings of the Official Records of Riverside County, California, as amended and assigned from time to time (collectively, “Agreement”) for Tenant’s use of a portion of the real property ("Premises") located at 3364 Western Ave, Norco, CA 92860 (“Land”), being more particularly described in the attached Exhibit “A”; and
16th November 22
CA45812-A/River 2
WHEREAS, Landlord and Tenant desire and intend to amend and supplement the Agreement as provided herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement:
1. Section 3. Term, of the Agreement is hereby amended as follows:
In addition to the Renewal Terms as referenced in the Agreement, the Agreement is hereby amended to include four (4) additional successive terms of five (5) years (each a “Renewal Term”). Each Renewal Term shall be deemed automatically extended, unless Tenant notifies Landlord of its intention not to renew the Agreement prior to the commencement of the succeeding Renewal Term. The first additional Renewal Term shall be effective as of June 22, 2021 and end June 30, 2026, upon the expiration of the Renewal Term expiring on June 21, 2021.
2. Section 4. Rent, subsection (a) and (b) of the Agreement is hereby deleted in its entirety and replaced with the following payment schedule:
The underpayment of Rent from prior months (July 1, 2021 until execution of this Amendment) will be paid after receiving the fully executed documents of this Amendment.
Table of Rent.
Monthly Annually Monthly Inc Annual Inc
7/1/2021 $ 1,719.00 $ 20,628.00 $ - $ -
7/1/2022 $ 1,875.20 $ 22,502.40 $ 156.20 $ 1,874.40
7/1/2023 $ 2,031.40 $ 24,376.80 $ 156.20 $ 1,874.40
7/1/2024 $ 2,187.60 $ 26,251.20 $ 156.20 $ 1,874.40
7/1/2025 $ 2,343.80 $ 28,125.60 $ 156.20 $ 1,874.40
7/1/2026 $ 2,500.00 $ 30,000.00 $ 156.20 $ 1,874.40
Beginning on July 1 2027, and each anniversary thereafter, Rent shall be increased by three- and one-half percent (3.5%).
3. Section 15. Assignment, of the Agreement is hereby restated as follows:
Tenant shall not assign this Agreement, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest in this Agreement or in the Premises without the prior consent of Landlord to Tenant’s parent company,
CA45812-A/River 3
any subsidiary or affiliate of Tenant or of its parent company or to any successor-ninterest or entity acquiring fifty-one percent (51%) or more of Tenant’s stock or assets, subject to any financing entity’s interest, if any, in this Agreement as set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assig, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Tenant has no right to sublet this Agreement or to allow any third-party use of the Premises without the prior written consent of Landlord.
Any sublessee of Tenant shall be required to: (i) lease space on the Land directly from Landlord and (ii) such sublessee shall pay compensation directly to Landlord for use of the Land as determined in Landlord’s discretion.
4. Section 19. Miscellaneous, subsection (e), of the Agreement is hereby amended as follows:
If to Landlord:
OF NORCO, a municipal
If to Tenant:
City of Norco
Attn: Facilities & Maintenance Director
2870 Clark Ave
Norco, CA 92860-190
SBA 2012 TC Assets, LLC
Attn: Site Administration
8051 Congress Avenue
Boca Raton, FL 33487-1307 Re: CA45812-A/River
5. The Agreement is hereby amended to include Section 21. Right of First Refusal, as follows:
If at any time during the term of the Agreement, Landlord receives a bona fide written offer from any company or its affiliates (a) engaged in the business of owning, operating or maintaining wireless communications facilities, or (b) having any interest as a landlord, tenant or any other capacity in any wireless communications ground lease or easement (the “Offer”) to sell, assign, convey, lease, or otherwise transfer or create any interest in the current or future Rent, the Premises, or Land, or any portion thereof which Landlord desires to accept, Landlord shall first give Tenant written notice (including a copy of the proposed contract) of such Offer prior to becoming obligated under such Offer, with such notice giving Tenant the right to acquire the interest described in the Offer on the terms set forth in the Offer. Tenant shall have a period of thirty (30) days after receipt of Landlord’s notice and terms to exercise Tenant’s right of first refusal by notifying the Landlord in writing. If Tenant has not exercised its right of first refusal in writing to Landlord within such thirty (30) day period, the Offer will be deemed rejected. Landlord may
CA45812-A/River 4
not assign the Rent or the Agreement or any rights hereunder or grant any interest in any portion of the Land, except in connection with conveyance of fee simple title to the Land, without the prior consent of Tenant, in Tenant’s sole and absolute discretion.
6. Upon full execution of this Amendment, Tenant shall pay to Landlord a one-time payment of Ten Thousand and No/100 Dollars ($10,000.00).
7. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Agreement.
8. This Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Land is located without regard to principles of conflicts of law.
9. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed.
In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence.
10. Landlord acknowledges that the attached Exhibit “A” may be preliminary or incomplete and, accordingly, Tenant may replace and substitute such exhibit with an accurate survey and legal descriptions of the Premises and easements and rerecord this Amendment without obtaining the further approval of Landlord.
Following such re-recording, the descriptions of the Premises and easements described therein shall serve as the descriptions for same for all purposes under the Agreement.
11. Landlord represents and warrants to Tenant that Landlord is the sole owner in fee simple title to the Premises and easements and Landlord’s interest under the Agreement and that consent or approval of no other person is necessary for Landlord to enter into this Amendment.
12. This Amendment may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same Amendment.
13. Tenant shall have the right to record this Amendment. [The remainder of this page is intentionally left blank. Signatures to follow.]
CA45812-A/River 5
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written.
ATTEST:
of Norco a Delaware limited liability
company
___________________________________
Print Name:_________________________
Approved as to Form:
___________________________________
Print Name:_________________________
LANDLORD:
City of Norco, a California municipal
corporation
By: __________________________________
Print Name: ____________________________
Title: _________________________________
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF _____________________________
On this _____ day of _____________________________, 20___, before me, ____________________________ personally appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person who 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.
________________________________
Notary Public
Print Name:_______________________
My Commission Expires:____________
Greg Newton
Mayor
Dana Roa, CMC
City Clerk
Harper & Burns, LLC
City Attorney
___________________________________________________________________________
CA45812-A/River 6
WITNESSES:
SBA 2012 TC Assets, LLC, a Delaware
limited liability company
___________________________________
Print Name:__________________________
___________________________________
Print Name:__________________________
TENANT:
SBA 2012 TC Assets, LLC, a Delaware
limited liability company
By:__________________________________
Martin Aljovin
Vice President - Asset Optimization
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this _____ day of __________________, 20____, by Martin Aljovin, Vice President - Asset Optimization of SBA 2012 TC Assets, LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me and did not take an oath.
______________________________________
Notary Public___________________________
My Commission Expires__________________
(NOTARY SEAL)
CA45812-A/River 7
EXHIBIT “A”
Legal description to be incorporated upon receipt of final survey.
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Acceptance of bids and Award of Contract for Landscape Maintenance Services for Parks and Public Facilities
RECOMMENDATION:
Accept bids and Award a Landscape Maintenance Service Contract for Parks and Public Facilities to Priority Landscape Services, LLC, for a term of five years (60 months), with two (2) two-year renewal options.
SUMMARY:
The Facilities and Maintenance Department secures and manages the landscape service maintenance contract for the City’s Parks and Public Facilities. This includes baseball fields, horse arenas, animal holding pens, horse trails, parks, soccer fields, a senior garden, landscape medians, restroom maintenance, playground maintenance, and parkways. In addition to landscape maintenance, this contract also includes the daily cleaning and opening of the park restrooms, daily trash services, and stocking of supplies in the park restrooms.
Bright View Landscape Services, Inc. has provided service to the City of Norco since 2015. On June 15, 2022, the City entered into a six-month extension with Bright View Landscape Services, Inc. to allow staff adequate time to thoroughly review the existing contract and prepare a Request for Proposal (RFP) for public bid. The six-month extension expires on December 31, 2022.
Facilities and Maintenance staff completed an audit of the landscaping services for the Parks and Public Facilities. Staff prepared maps, schedules, and a task breakdown of the Parks and Facilities based on requirements noted within the RFP.
BACKGROUND:
On October 7, 2022, the City of Norco published a Request for Proposals (RFP) for Landscape Maintenance Services for the Parks and Public Facilities. On November 7, 2022, proposals were opened and staff evaluated eight proposals based on criteria set forth in the RFP:
1. Quality and completeness of the proposal
2. Proposed maintenance schedule
3. Experience and capability of the contractor
4. Staff and subcontractor qualifications
5. Types of service provided
6. Proposed equipment and labor
7. Proposal cost bid sheet
Proposals ranged from $375,814 to $1,848,000 for landscape maintenance services.
Priority Landscape Services, LLC, provided the highest-ranking scored proposal out of the eight proposals received in the amount of $394,500 (attached). The Landscape Maintenance Service Contract is for five years (60 months), with two (2) two-year renewal options with approval by the City Manager. Contract pricing may be adjusted annually based upon the CPI for Riverside County (not to exceed 4% per year). Any renewal options and/or CPI adjustments are subject to written approval by both parties.
The Annual Cost for each Park and Facility is as follows:
Parks Annual cost
Clark Field $10,200
Community Center Park, Community
Center Field, Scout House and Riley Gym $32,700
Corydon Staging Area $6,600
Basin Park $7,200
George Ingalls Equestrian Event Center $8,700
Kips Korner Park $13,500
Neil Snipes Park $27,000
Pacer Park $9,600
Parmenter Park $15,300
Pikes Peak Park $45,000
Sundance Park $12,300
Ted Brooks Park $7,200
Wayne Makin Sports Complex/Shearer
Fields $102,300
Senior Center Facility & Garden $13,800
City Hall $9,900
Animal Control $5,400
Fifth Street Medians $27,900
North Drive $17,400
Hamner Ave. Medians $22,500
Total $394,500
The Parks and Public Facilities annual cost is increasing by $14,700 for an increase of
3.9%.
Current Parks & Facilities
Cost Proposed Annual Cost Percentage of Increase
$379,800 $394,500 3.9%
Priority Landscape Services, LLC, has over 30 years' experience providing landscape maintenance services to municipalities and has worked directly with similar sized contracts for the cities of Norwalk, Glendora, Bradbury, Ontario, and Santa Ana. Staff has contacted Priority Landscape Services' references to ensure that the company's current clients are satisfied with the services provided. Priority Landscape Services LLC, has a valid California State Contractors C-27 License along with a Qualified Application License. If approved, Priority Landscape Services, LLC, will start services for Norco's Parks and Public Facilities on January 1, 2023.
FISCAL IMPACT:
The proposed Landscape Maintenance Service Agreement for Parks and Public Facilities is funded from the Parks Maintenance Contractual Services Fund (121.733.34100) in the amount of $394,500.
Funding for the proposed Landscape Maintenance Service Agreement for Parks and Public Facilities is included in the Fiscal Year 2022-2023 Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and 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: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Proposal
Contract
Proposal for Landscape Maintenance Services
Prepared For:
The City of Norco
Ms. Amanda Hamilton
Facilities and Maintenance Director
2870 Clark Avenue
Norco, CA 92860
Re:
RFP – Landscape Maintenance Services – Parks and Public Facilities FM2022-02
November 3'd, 2022
City of Norco
Amanda Hamilton
Facilities & Maintenance Director
2870 Clark Avenue
Norco, CA 92860
PRIORITY LANDSCAPING SERVICES, LLC
1524 WEST MABLE STREET
ANAHEIM , CA 92802
P: 714-989-5176
F: 714-989-5177
Re: Landscape Maintenance Services- Parks and Public Facilities FM2022-02 Dear Amanda,
Thank you for the opportunity to provide you with a landscape maintenance proposal for your city. We appreciate your interest in our company and are please to present this proposal to:
The City of Norco
It is the intent of the enclosed information and specifications to provide you with a landscape maintenance program specifically tailored to your needs. You will find that our pricing is competitive and fair.
We recognize that long lasting, beneficial relationships between Priority Landscape and our customers are built on our commitment to quality, integrity, superior services and safety. These are accomplished by in-depth management, supervision, communication, and our ability to successfully meet and exceed our customers landscaping requirements.
Priority Landscape Services, LLC. Prides itself in the quality of services, and that pride has carried over since our inception. Your acceptance of this proposal will have us strive to ensure that this same pride will go into maintaining your landscape with the highest quality of service.
Once Again, we appreciate the opportunity to submit this proposal and look forward to potentially working with you soon. Should you have any questions or require any clarification on any aspect of our proposal, please do not hesitate to contact me directly.
Sincerely,
- MichaelS. Rocha I Regional Manager
M [email protected]
M : (951) 520-6432
"Clean for you, while protecting the environment"
COMPANY PROFILE:
Priority Landscape Services, LLC.
Founded in 2005
Priority Landscape Services, LLC. offers a wide variety of commercial landscape maintenance and janitorial services throughout Southern California.
Contact Information:
1524 W. Mable Street, Anaheim, CA 92802
Office: (714) 989‐5176
Fax: (714) 989‐5177
Key Personnel:
President – Simon C. Rocha
Controller – Kelly S. Rocha
Regional Manager – Michael S. Rocha
Area Manager – Jay Martinez
Safety Coordinator – Hannah Quinn
Proudly Serving:
Orange County
Riverside County
San Bernardino County
Los Angeles County
Licenses and Certifications:
DIR Registration #: 1000016188
Contractor’s License #: 990920
Classifications: C‐27, C‐61 / D49
Qualified Applicator’s License #: 137049
Certified Irrigation Technician Certificate #: 126735
Proof of Insurance is always available upon request.
Licensed, Bonded, and Insured
INTRODUCTION:
Priority Landscape Services, LLC. Is a progressive, quality conscious, customer driven service provider with an on‐going commitment to professional, affordable and personalized service. We have formulated a quality building system that you can count on day in and day out for all your landscape management needs. With over 30 years of combined Landscape Maintenance experience, our professional and qualified teams are ready to implement, manage, and complete your project on time and within a budget tailored to your needs all while exceeding your demands and expectations.
With our office centrally located in Southern California, we are able to conveniently serve our growing family of satisfied customers. Priority’s primary goal is to achieve a long‐term relationship with our customers by being one of the best equipped landscape maintenance companies to design, implement, and properly supervise all of the projects we take on.
COMPANY PHILOSOPHY:
We at Priority believe that our customers, current and prospective, deserve our strongest commitment to provide them with the highest quality of service. We are committed to provide our customers with service that meets and exceeds all expectations of our quality at a reasonable cost. By providing the highest quality of services we are able to successfully develop long‐term relationships with our customers. As competitive as the landscape industry is, consistent growth can only be achieved by meeting our customers’ expectations day after day.
We encourage full development of the potential of our employees and are committed to reward them with promotions based on individual merit. By fostering the wellbeing of our employees, we develop a loyal, dedicated and customer‐oriented work force.
OUR MANAGEMENT:
We attribute our continued success to the ongoing development and retention of our quality management. This aspect sets us apart from our competition. All of our managers and supervisors are developed internally and through our growth system have excellent opportunities for continued growth and promotions.
With a solid reputation for dependability and quality service, our management team believes that for continuous growth and success in an extremely competitive service industry, we must serve our customers by understanding their requirements and becoming their prime source for all building maintenance services.
OUR PEOPLE:
Priority Landscape Services, LLC. Provides exceptional landscape maintenance services by employing good people, training them well and supporting them with excellent management. We have learned that a structured training program is a critical investment in providing quality services. This investment has resulted in effective training that pays big dividends to our customers. All of our people are compensated at the top of the wage scale to guarantee you the best possible work force available. As competitive as the landscape industry is, consistent growth can only be achieved by recognizing that our employees are our greatest assets.
We at Priority are very proud of our full‐time, professional supervisors, because they are the keys to the successful performance of our workers. Their skills in employee training and motivation, along with the on‐site inspections of our customer’s facilities, ensure that the highest level of service is provided, and all of our customers and management expectations are met.
Our supervisors are constantly at your facility checking the work and training our employees. Each of our field and site supervisors participates in a monthly bonus program where he/she has the opportunity to earn substantial bonuses, based on the level of customer satisfaction and safe working practices.
QUALITY ASSURANCE:
Our Quality Assurance Program begins with a well‐trained, stable and reliable work force. This allows for consistent job performance and low turnover rate. Priority will initiate a proactive quality control plan with on‐site visits from our management and supervisory staff. The visits will be announced as well as unannounced (where permitted).
Your account will be assigned a fully qualified and trained quality control representative. Inspections will be made a minimum of once a month. The frequency of the visits can increase dependent upon each individual account and by a requested made by the facilities manager or Priority’s management team.
During the regular daytime inspections, you may provide a representative from our organization to accompany our quality assurance inspector on his/her tour of your facility.
COMMUNICATION:
Priority provides a 24‐hour toll‐free response center (877) 508‐0770 that will connect you with our management within minutes. Account Supervisor’s cell phone numbers will be provided in case of emergencies. For a rapid response, all of our management and supervisory staff are equipped with company issued cell phones. For our customers convenience we use fax machines and e‐mail for receiving and sending contracts, inspection reports, follow‐ups, work requests, work approvals, purchase orders, letters and other work‐related documents.
Priority understands the importance of constant communication with our customers to ensure all responsibilities are being met and exceeded. An operations team member and an office team member will be assigned as permanent contacts for our customers to aid with any and all requests.
HUMAN RESOURCES:
Priority is an equal opportunity employer. Once a candidate fills out an application for employment our Human Resource Department does a complete pre‐employment screening of all prospective employees that includes the following items:
• Employment eligibility I‐9 verification
• General background check
• Employment background check
• Criminal records check
• DMV Driving Record check (when applicable)
At the conclusion of these checks, Priority management reviews the reports to determine the best candidates. Interviews are conducted and recruitment begins for employees who prove trustworthy, reliable, and have a propensity for detail.
TRAINING PROGRAM:
Priority Landscape Services, LLC. Provides exceptional training for its employees. It begins with an initial orientation and continues with monthly training to comply with all OSHA SB198 requirements.
All crew members are instructed on the following:
• Proper use of equipment including OSHA title 8, 3563 • Proper use of personal protective equipment
• Correct lifting, pulling, and pushing techniques
• Suitable dress code and personal hygiene practices
• Correct use and display of all required SDS
• Work safety and work site emergency procedures. All training is provided by our skilled supervisory staff and reviewed by our Safety Coordinator and Management.
OUR EXPERIENCE:
Priority Landscape Services, LLC. prides itself on the experience it has gathered over the course of our tenure. Since our inception, Priority has had the privilege of working with several cities, counties, and privately owned companies throughout Southern California. These cities include; Redlands, Santa Ana, San Clemente, Glendora, Ontario, West Hollywood, Norwalk, La Palma, Monterey Park, and Westminster.
Priority offers general landscape maintenance services such as mowing, blowing, trimming, litter control, weed control, and pesticide applications. While Priority does excel in these services, we also offer a wide variety of services for the convenience of our customers. Additional services include; installation of rock, decomposed granite, mulch, seasonal color, shrubs, groundcovers, trees, sod, irrigation systems. We also offer tree trimming, irrigation system maintenance, irrigation system conversions, pressure washing, debris removal, encampment clean up, renovation services, janitorial services, day porter services, carpet cleaning, floor care, and window washing.
PROPOSED MAINTENANCE SCHEDULE:
Priority Landscape Services will have maintenance crews active in the city Monday through Friday.
Priority proposes to have all city parks and facilities maintained during the week. This maintenance will include but not be limited to; mowing blowing, trimming litter control, weed control, restroom opening/cleaning, and arena dragging. Priority will also have a crew active on the weekends to open restrooms and replace trash can liners. All city parks and facilities will be broken down into rotations to ensure our crews are complying with all scope of services outlined in this RFP. Priority will have an irrigation technician working in the city to ensure all irrigation systems are operating optimally. All findings will be reported to the city of Norco along with steps to remedy the problem.
Finally, attached is a rough outline of how Priority intends on servicing all areas. This schedule will not be permanent. As our crews and management grow accustom to the city of Norco, changes will be made to ensure we better serve the city. The city of Norco will be informed of any changes to the schedule prior to implementation.
NOTE:
Upon award of the contract, Priority will provide a more thorough scheduling of all services to be completed within the city of Norco. This schedule will include an annual calendar with specific dates for all projects to be completed such as renovations, fertilization, pressure washing, court maintenance, rototilling, and mulch installation.
EXPERIENCE AND CAPABILITY OF THE CONTRACTOR:
Priority Landscape Services has been in the commercial landscape maintenance industry since 2015. We have quickly grown and have serviced several cities in southern California as well as provided work for multiple counties and large private companies. We understand the importance of constant communication with the city and submittal of irrigation, service, and chemical reports. Notable experience includes;
City of Ontario – Currently maintain Celebration Park (North and South).
City of West Hollywood – Currently providing landscape maintenance services for all city medians.
City of Bradbury – Currently provide maintenance of trails throughout the city.
Los Angeles County Sanitation Districts – Currently provide landscape maintenance of large water reclamation plants, largescale weed abatements and annual Tule removal in the Bixby Marshlands.
City of Norwalk – Currently providing citywide landscape maintenance services for all medians, parks, and city facilities.
SoCalGas Company – Currently provide landscape maintenance services for several locations throughout southern California.
City of Santa Ana – Formerly provided landscape maintenance services for all parks, city facilities, Santa Ana stadium, and the Santa Ana civic center.
City of Glendora – Formerly provided citywide median, park, and facility maintenance. This included arena dragging services at Carlyle Linder Equestrian Park and the ball fields at Louie Pompei Memorial Sports Park.
We at Priority feel confident in our abilities to meet and exceed all expectations outlined in this request for proposal. We have provided very similar work for other cities in Southern California. Priority will purchase all brand‐new trucks, trailers, and maintenance equipment to fulfill our responsibilities.
Additionally, the company owns its own renovation equipment and wood chipper which allows us to schedule renovations, removals, or trimming without hinderance of availability. Priority Landscape also has a sister company Priority Building Services that provides commercial janitorial services, pressure washing, and special event coverage and litter control.
STAFF OR SUBCONTRACTOR QUALIFICATIONS:
Priority does not foresee the need to utilize subcontractors to complete all scope of services outlined in this RFP and will be completing all work in house.
Michael S. Rocha | Regional Manager
Has worked in the commercial landscape maintenance industry since 2007. Michael has been directly involved with the operations of several city contracts in southern California. These contracts include services such as; landscape maintenance, tree trimming, renovations such as dethatching, aeration, overseeding, topping, installations of irrigation, plant material and trees, arena dragging, trail maintenance, median maintenance, weed abatements, pesticide applications, special event clean up services such as litter control, holiday light hanging on trees, pressure washing services, mulching, installation of rock, pebble tech, DG, and artificial turf. Should Norco award Priority the contract, Michael will be directly involved with the entire start up process of the job including routing, procurement of equipment, vehicles, and trailers to ensure Priority successfully completes all work outlined in this RFP. Michael is also local to the Norco area and will be available to the city 24/7.
Licenses and Certifications:
Landscaping and Tree Service Contractor ‐ C‐27, C‐61 / D49 #990920 Qualified Applicator (QAL) ‐ #137049 Category B
Certified Irrigation Technician (CIT) ‐ #126735
Currently enrolled in ISA Arborist certification courses Jay Martinez | Area Manager
Has worked in the commercial landscape maintenance industry since 2012. Jay has been directly involved with the operations of several city contracts in southern California. Jay was formerly the direct contact for the city of Norwalk, San Clemente, and Glendora. He is currently the main point of contact for the city of Ontario and West Hollywood. His experience with these city contracts includes providing the following services; general landscape maintenance, tree trimming services, median maintenance, arena dragging, trail maintenance, weed abatements, pesticide applications, event clean up services, holiday light hanging on trees, pressure washing services, mulching, installation of irrigation, plant material, trees, rock, pebble tech, DG, and artificial turf. Should Norco award Priority the contract, Jay will be the main point of contact and work in tandem with the city on a daily basis to ensure Priority is fulfilling all responsibilities outlined in the scope of services. Jay is also local to the Norco area and will be available to the city 24/7.
Licenses and Certifications:
CPR Certified
Forklift Certified
TYPES OF SERVICE PROVIDED:
Priority prides itself on the wide variety of services it can bring to our customers. While we excel in general landscape maintenance services of parks, medians, LMDs, and open landscape areas, we are able to specifically tailor our services to our customers needs and frequently exceed expectations. Below is a quick description of services we currently provide.
General Maintenance
Mowing, blowing, trimming, litter control, fertilization, dethatching, aeration, overseeding, top dressing, detail work in shrubs, tree sucker control, weed control, and debris removal.
Pesticide Applications
Weed control in general landscape areas, weed control in turf areas, blight control, aphid control, crabgrass control, growth regulators, and pre‐emergent pesticides.
Installations
Plant material, seasonal color, trees, irrigation systems, irrigation controllers, holiday lighting, decorative rock, mulch, pebble tech, decomposed granite, and soil amendments.
Janitorial Services
Custodial services, day porter services, litter control, providing cleaning supplies and paper products, pressure washing, water broom services for tennis and basketball courts, graffiti removal, floor scrubbing, floor waxing, floor polishing, carpet cleaning, window cleaning, and disinfection services.
Tree Services
Tree trimming, tree removal, tree installation, tree fertilization, and wood chipping.
Dragging / Infields
Arena dragging and grooming, track dragging and grooming, infield leveling and grooming, trail maintenance and leveling, and sand bag service.
Weed Abatement / Tule Removal
Large scale weed abatements, fire break services, tumble weed removal, tule removal in water basins and natural wildlife areas.
PROPOSED EQUIPMENT:
Priority will be purchasing all new vehicles, trailers, and maintenance equipment for the sole purpose of successfully completing the services outlined in this RFP. We understand the importance of providing the best service possible with top‐of‐the‐line equipment. All mower blades will be kept in clean and sharp condition to prevent the spread of unwanted weeds in turf areas. A combination of zero turn mowers and walk behind units will be utilized to complete all mowing responsibilities in the city. Zero turn mowers will be equipped with mulching kits while the walk behind units will be equipped with bags to remove all clippings. All hedge trimming equipment will be kept in clean and sharp condition to prevent damage to shrubs and groundcovers.
General hand tools will include traditional rakes, leveling rakes, shovels, stirrup hoe’s, loppers, shears, pole pruner, and pick axes.
All crews will have a 5‐gallon cooler of drinking water on their vehicles as well as all personal protective equipment required to safely provide landscape maintenance services. If and when needed, vehicles will be equipped with safety lighting, cones, and proper signage for lane closures while our crews are working along streets or medians.
Our crews will be equipped with pickup trucks that clearly display our company logo and utility trailers.
They will have general landscape maintenance equipment with them at all times that include; mowers (Ex‐Mark 72” Lazer Z and Ex‐Mark 21”), blowers (PB 770‐H), string trimmers (SRM‐2620), hedge trimmers (HCS‐2620), a chainsaw (CS‐509) in case of emergency removals, backpack sprayers (4 Gal Lesco) and a 30‐gallon boom sprayer (PSE Custom) for weed control.
Priority will utilize John Deere 4000 series tractors with turf tires for the renovations of all parks. In conjunction with the tractors, Priority will utilize the following implements; dethatcher, hollow tine aerator, tow behind vacuum, Millcreek turf tiger top dresser. John Deere Gators with ABI Attachments’ Rascal MVP Pro will be used for infield and DG trail maintenance. Additionally, electronic JRCO spreaders will be attached to our zero turn mowers for the purpose of overseeding and fertilizing.
PROPOSED LABOR:
In order to properly maintain all aspects of the scope of services, Priority understands the importance of proper staffing levels and capable supervision in place. Priority intends on have multiple crews active in the city during a regular work week as well as a weekend crew that will address restrooms and trash cans. Below is a breakdown of the crews and their responsibilities throughout the work week. Please note that this would naturally change as we get better acquainted with the city and all areas.
Site Supervisor
A supervisor who will be in the city to ensure that all aspects of the landscape maintenance are being completed. This supervisor will aid with chemical applications, procurement of materials, movement of crews and equipment.
Irrigator
An irrigator will be in the city for ongoing system checks of all parks and facilities. This irrigator will ensure that all systems are operating optimally. They will also report all findings as well as a report of steps taken to repair any issues discovered.
Maintenance Crew
A maintenance crew will be in the city from Monday – Friday. This crew will be made up of 1 crew leader and 3 crew members. This crew will have all equipment necessary to ensure all aspects of the maintenance are being completed.
Restroom/Trash/Additional Crew
A maintenance crew will be in the city from Monday – Friday. This crew will open and clean restrooms, replace trash can liners, aid throughout the city with additional items such as tennis/basketball court water brooming services, pressure washing services, and rototilling.
Weekend Crew
A part‐time crew member who will work within the city Saturdays and Sundays to address the restrooms and trash can liner replacement.
Safety Coordinator
Priority will also have a safety coordinator within the city on a reoccurring basis to ensure our crews are working in the safest manner possible. All safety lighting, cones, signage, and personal protective equipment will be provided.
If at any point in time the above proposed labor is unable to perform the outlined services Priority Landscape will bring in all additional labor required to ensure that all responsibilities are fulfilled at no additional cost to the city.
10 CITY OF NORCO
REQUEST FOR PROPOSALS
LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES TO CITY OF NORCO, as AGENCY:
In accordance with AGENCY’S “Notice Inviting Sealed Proposals,” the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.
BIDDER understands that a bid is required for the entire work, which the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract Documents.
11 DATED: _____________, 2022 BIDDER: _____________________________ BY: __________________________________
TITLE: _______________________________
BIDDER’S ADDRESS: ________________________________________________ ______________________________________________________________________ PHONE: ___________________________________________________________
12 BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidders Name: __________
Business Address: _____________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Telephone: ______________________________________________________________________ State Contractor's License No. and Class: ______________________________________________ Original Date Issued: ___________________Expiration Date: ________________________ DIR Registration No.: ___________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number: 990920 ~~---------------------------------------------- Name of Individual Contractor (Print or Type):
Michael S. Rocha
Signature of Owner: -------------------------------------------------------- Business: Commercial Landscape Maintenance Contractor
Address or Name of Firm: Priority Landscape Services, LLC.
Business Address: 1524 W. Mable Street, Anaheim, CA 92802 Name: Simon C. Rocha Title: President
Address: 1524 W. Mable Street, Anaheim, CA 92802
Name: Michael S. Rocha Title: __ R_e...._g_io_n_a_l M~a::..:.na=g'"'-e::..:.r ______________ _ Address or Name of Corporation: Priority Landscape Services, LLC.
Business Address: 1524 W. Mable Street, Anaheim, CA 92802 Corporation organized under the laws of the State of California --------~------------------------ Signature of Secretary of Corporation
13
LIST OF SUBCONTRACTORS
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1 /2) of one percent (1 %) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($1 0,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.
Name Under
Which Sub
Contractor is
Licensed
Not Applicable.
License
Number
DIR
Number
Address of
Office
Specific
Description of Sub
Contract Work
%of
Total
Bid
Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.)
An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
10/31/2022 Priority Landscape Services, LLC.
Dated Bidder
~
Signature
14
15 REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
16 NON-COLLUSION DECLARATION
The undersigned declares:
I am the _____________________ of _________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________ [city], __________________ [state].
17 CITY OF NORCO
REQUEST FOR PROPOSALS
ACKNOWLEDGEMENT OF ADDENDA
LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES Date _____________________________
Bidder_____________________________
Contractor License # _________________
DIR # _____________________________
TO THE: DEPARTMENT OF FACILITIES AND MAINTENANCE
City of Norco Vendor Portal at www.norco.ca.us/bid
The undersigned, having carefully examined the proposed site, the Request for Proposals, Instructions to Bidders, Agreement Form, Bond Forms, General Conditions, Supplementary General Conditions and Specifications for Landscape Maintenance Services for the City of Norco’s Parks and Public Facilities with a contract start date of January 1, 2023 with a term of five years (60 months), with two (2) two-year renewal options with approval by the City Manager.
The proposal prices shall include all costs, including labor, materials, and all other incidental cost to complete the service, in compliance with the Bid and Contract Documents and applicable standards. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and applicable standards are assumed to be included in the bid prices. BIDDER understands that a bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
LANDSCAPE MAINTENANCE SERVICES
PARKS AND PUBLIC FACILITIES
LOCATED IN THE CITY OF NORCO, CALIFORNIA
hereby proposes and agrees to furnish all tools, equipment, services, apparatus, facilities, transportation, labor and materials necessary to complete the construction in strict conformity with the Drawings and Specifications, including all work specified in Addenda numbered and dated as follows:
ACKNOWLEDGEMENT OF ADDENDA:
Addendum No. Date
Addendum No. Date
Addendum No. Date
Addendum No. Date
18 REQUEST FOR PROPOSALS
BID SCHEDULE
LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES Line Item Unit Quantity
Unit
Price
Total
Cost
CLARK FIELD LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED”) LS 1 $ $
COMMUNITY CENTER PARK, COMMUNITY
CENTER FIELD, SCOUT HOUSE, AND
RILEY GYM LANDSCAPE MAINTENANCE
SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED”) LS 1 $ $
CORYDON STAGING AREA LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
BASIN PARK LANDSCAPE MAINTENANCE
SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
GEORGE INGALLS EQUESTRIAN EVENT
CENTER LANDSCAPE MAINTENANCE
SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
KIPS KORNER PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
NEIL SNIPES PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
PACER PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED LS 1 $ $
19 PARMENTER PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
PIKES PEAK PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
SUNDANCE PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
TED BROOKS PARK LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
WAYNE MAKIN AND SHEARER FIELDS
LANDSCAPE MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
SENIOR CENTER FACILITY AND SENIOR
GARDEN LANDSCAPE MAINTENANCE
SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
NORCO CITY HALL FACILITY LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
NORCO AMIMAL CONTROL FACILITY
LANDSCAPE MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
FIFTH STREET LANDSCAPE MEDIANS
LANDSCAPE MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
NORTH DRIVE LANDSCAPE
MAINTENANCE SERVICES
60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED) LS 1 $ $
HAMNER AVENUE MEDIANS LANDSCAPE
MAINTENANCE SERVICES
LS 1 $ $
20 60 MONTH TERM (ANNUAL COST – 1ST
YEAR “NOT TO EXCEED)
Subtotal $
Contract Total - Annual Cost – 1st Year “Not to Exceed” $
TOTAL BASE BID AMOUNT IN WORDS
________________________________________________________________________________ _______________________________
Bidders Name
_______________________________
Telephone Number
________________________________
Email Address
CITY OF NORCO
REQUEST FOR PROPOSALS
BID SCHEDULE (CONTINUED)
LANDSCAPE MAINTENANCE SERVICES- PARKS AND PUBLIC FACILITIES IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 4~ day of l'J()~I'-'1~€ fZ. , Ul-'2...
BIDDER Priority Landscape Services. LLC.
1524 W. Mable Street,
Anaheim, CA 92802
Subscribed and sworn to this __ day of _____ _
NOTARY PUBLIC
By
Title
AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the amount of 10 percent of the total bid.
By
Title
21
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ...:O:...;.r..::;.a.:...:.nq_,_e.::.._ ___ _
Subscribed and sworn to (or affirmed) before me on this ....:.4.::.:..th~- day of November , 20 22 , by Simon C. Rocha
---------------------------------------------------' proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
~-···········( : m-~ . ~ota~~~~~~~ ~~~ornia ! i ~·,.· · Ora~e County ~ j • . ' Commission t 2294864 (
' •· •••••' My Comm. Expir~ Jun 15, 2023 f \ ~ /\
(Seal) Signature._ -+--=------
22 CITY OF NORCO
REQUEST FOR PROPOSALS
BID SCHEDULE (CONTINUED)
LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES Proposal Submittal
The Proposal shall include, as a minimum the following mandatory statements:
1. A statement that this RFP shall be incorporated in its entirety as a part of the Contractor's proposal.
2. A Statement of Qualifications applicable to this project including the names, qualifications, and proposed duties of the Contractor's staff to be assigned to this project; a listing of recent, similar projects completed including the names, titles, addresses, and telephone numbers of the appropriate persons which the City can contact.
3. A statement that all charges for services will be a "Not-To-Exceed" fee, as submitted with and made part of said Contractor's quote.
4. A written statement that said the submitted fee schedule is part of the Contractor's proposal for use in invoicing for progress payments.
5. A written statement by the Contractor that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to.
6. A written statement by the Contractor shall allow all authorized federal, state, county, and the City of Norco official’s access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project upon request. All relevant records shall be retained for at least three years.
7. A written statement that the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
8. A written statement that the Contractor shall comply with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions.
9. A written statement that the Contractor shall comply with the Copeland Anti-kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
Failure to comply with all of the requirements listed above will result in the rejection of the entire submittal package.
MINIMUM MANDATORY STATEMENTS:
1. Priority confirms that this RFP (Landscape Maintenance Services – Parks and Public Facilities FM2022‐02) shall be incorporated in its entirety as a part of this proposal.
2. Submitted in “Experience and Capability of the Contractor” and “Staff or Subcontractor Qualifications”.
3. Priority confirms that all charges for services will be a “Not‐To‐Exceed” fee.
4. The submitted fee schedule is part of Priority’s proposal for use in invoicing for progress payments.
5. All federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to.
6. Priority shall allow all authorized federal, state, county, and the City of Norco official’s access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records pertinent to this project upon request. All relevant records shall be retained for at least three years.
7. Priority will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
8. Priority shall comply with the California Labor Code. Pursuant to said regulations entitled; Federal Labor Standards provisions.
9. Priority shall comply with the Copeland Anti‐kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
REFERENCES:
The City of Ontario
Mr. Brian Romero
Parks and Maintenance Supervisor
1425 S. Bon View Avenue
Ontario, CA 91761
P: (909) 395‐2003
[email protected]
The City of West Hollywood
Mr. Scott Smith
Urban Forest and Landscape Maintenance Superintendent
7317 Romaine Street
West Hollywood, CA 90046
P: (323) 848‐6463
[email protected]
The City of Norwalk
Mr. Juan Martinez
Parks Supervisor
12650 Imperial Highway #2
Norwalk, CA 90650
P: (562) 577‐6003
[email protected]
Southern California Gas Company
Mr. Marc Moore
Facility Manager II
P: (310) 466‐5791
[email protected]
AT&T Services, Inc.
Stefanie Ensign
Facility Manager
P: (626) 497‐9741
[email protected]
16 NON-COLLUSION DECLARATION
The undersigned declares:
I am the _____________________ of _________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________ [city], __________________ [state].
12 BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidders Name: __________
Business Address: _____________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Telephone: ______________________________________________________________________ State Contractor's License No. and Class: ______________________________________________ Original Date Issued: ___________________Expiration Date: ________________________ DIR Registration No.: ___________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number: 990920 ~~---------------------------------------------- Name of Individual Contractor (Print or Type):
Michael S. Rocha
Signature of Owner: -------------------------------------------------------- Business: Commercial Landscape Maintenance Contractor
Address or Name of Firm: Priority Landscape Services, LLC.
Business Address: 1524 W. Mable Street, Anaheim, CA 92802 Name: Simon C. Rocha Title: President
Address: 1524 W. Mable Street, Anaheim, CA 92802
Name: Michael S. Rocha Title: __ R_e...._g_io_n_a_l M~a::..:.na=g'"'-e::..:.r ______________ _ Address or Name of Corporation: Priority Landscape Services, LLC.
Business Address: 1524 W. Mable Street, Anaheim, CA 92802 Corporation organized under the laws of the State of California --------~------------------------ Signature of Secretary of Corporation
13
LIST OF SUBCONTRACTORS
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who will perform work or labor or render service to the Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (1 /2) of one percent (1 %) of the General Contractor's total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($1 0,000), whichever is greater, and the portion of the work which will be done by each Subcontractor.
Name Under
Which Sub
Contractor is
Licensed
Not Applicable.
License
Number
DIR
Number
Address of
Office
Specific
Description of Sub
Contract Work
%of
Total
Bid
Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.)
An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
10/31/2022 Priority Landscape Services, LLC.
Dated Bidder
~
Signature
14
15 REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
CONTRACT AGREEMENT
CITY OF NORCO
LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES
1. Parties and Date.
This Agreement is made and entered into this 16th day of November, 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 Priority Landscape Services, LLC, a corporation with its principal place of business at 1524 W. Mable Street, Anaheim, CA 92802 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in landscape maintenance Services of parks and public facilities for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Services.
The City desires to engage the Contractor to render such Services for the LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES (“Services”) 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 provide Services outlined by the LANDSCAPE MAINTENANCE SERVICES – PARKS AND PUBLIC FACILITIES. Landscape maintenance for general landscape maintenance services in the City’s Parks and Public Facilities. This includes baseball fields, horse arenas, animal holding pens, horse trails, parks, soccer fields, a senior garden, landscape medians, restroom maintenance, playground maintenance, and parkways. All services described are subject to prevailing wage rates and laws. A detailed task breakdown of each location can be found in Section 9 of the RFP.
The Parks and Public Facilities included in this landscape maintenance RFP include:
1. Clark Field
2. Community Center Park/ Community Center Field/ Scout House/ Riley Gym
3. Corydon Staging Area
4. Basin Park
5. George Ingalls Equestrian Event Center
6. Kips Korner Park
7. Neil Snipes Park
8. Pacer Park
9. Parmenter Park
10.Pikes Peak Park
11.Sundance Park
12.Ted Brooks Park
13.Wayne Makin/Shearer Fields
14.Senior Center Facility and Senior Garden
15.Norco City Hall
16.Norco Animal Control
17.Fifth Street Landscape Medians
18.North Drive
19.Hamner Avenue Medians
The 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 are for a Landscape Maintenance Services Contract for five years (60 months), with two (2) two-year renewal options with approval by the City Manager. Contract pricing may be adjusted annually based upon the CPI for Riverside County (not to exceed 4% per year). Any renewal options and/or CPI adjustments are subject to written approval by both parties. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The start date for Services is January 1, 2023.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be provided by Contractor or under its supervision. Contractor will determine the means, methods and details of providing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel providing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the Services
provided 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 provide Services expeditiously, within the term of this Agreement, and in accordance with the Services timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to provide the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Services 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 Services 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 Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.
Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Simon C. Rocha, 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 Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Service. Contractor agrees to work closely with City staff in providing thee landscape Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall provide Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to provide Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to provide Services. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide the Services, including a City Business License, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any Services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to provide the Services in a manner acceptable to the City, shall be promptly removed from the Service by the Contractor and shall not be re-employed to perform any work on the Landscape Maintenance Services Contract.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Services under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Services in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Services 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 Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and
operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 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 Services 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 $2,000,000 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) 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:
$2,000,000 per occurrence or claim
$4,000,000 general or policy aggregate
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard
(e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
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 products/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 coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
I. The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
II. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
III. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
IV. A copy of the claims reporting requirements must be submitted to City for review.
V. These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and 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 providing the Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the 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-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Special Provisions 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 Services, 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/Services. If the Services are being performed as part of an applicable "public works" or "maintenance" project/Services, 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/Services 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: Priority Landscape Services, LLC
Attn: Simon C. Rocha, President
1524 W. Mable Street
Anaheim, CA 92802
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
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 Services.
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 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 Agreement. 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 Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and 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 Agreement.
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 Services.
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 Services 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 Services with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Contractor:
*By:
_____________________________
Signature
OWNER: CITY OF NORCO, a municipal corporation
*By:
_________________________________
Greg Newton – Mayor
ATTEST:
_________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Harper & Burns, LLP
City Attorney
Simon C. Rocha, President
Priority Landscape Services, LLC
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgment
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Second Street Widening (Hamner Avenue to I-15) Southbound OnRamp Project RECOMMENDATION:
Accept the Second Street Widening (Hamner Avenue to I-15) Southbound On-Ramp Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Second Street Widening (Hamner Avenue to I-15) Southbound On-Ramp Project consisted of the installation of dual left turn lanes from Hamner Avenue onto eastbound Second Street and widen Second Street between Hamner Avenue and Interstate 15 to incorporate a designated right turn lane for the freeway's southbound on-ramp. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
BACKGROUND:
On October 21, 2020, City Council awarded a contract to All American Asphalt in the amount of $698,765 and authorized City Manager to approve contract change orders up to 10 percent of the total bid for the construction of the Second Street Widening, Hamner Avenue to I-15 Southbound On-Ramp Project. The final contract amount paid to All American Asphalt was $768,468. The increase in the amount paid was due to additional asphalt quantities and expanded concrete cross gutter removal and replacement quantities.
All American Asphalt completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and 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: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Notice of Completion
/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS SECOND STREET WIDENING (HAMNER AVE. TO I-15) SOUTHBOUND ON-RAMP PROJECT IN THE CITY
OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ALL AMERICAN ASPHALT WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 16 TH DAY OF NOVEMBER, 2022.
THE WORK DONE: CONSISTED OF THE INSTALLATION OF DUAL LEFT TURN LANES FROM HAMNER AVENUE ONTO EASTBOUND SECOND STREET AND WIDEN SECOND STREET BETWEEN HAMNER AVENUE AND INTERSTATE 15 TO INCORPORATE A DESIGNATED RIGHT TURN LANE FOR THE FREEWAY'S SOUTHBOUND ON-RAMP.
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING OCTOBER 21, 2020, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY ALL AMERICAN ASPHALT LOCATED IN CORONA, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED OCTOBER 21, 2020, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS FIDELITY AND DEPOSIT COMPANY OF MARYLAND. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
November 16, 2022
DATED: CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DANA ROA, CMC
CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 11/16/2022 ______________________________
DATE DANA ROA, CMC
CITY CLERK, CITY OF NORCO
City Council
STAFF REPORT
Date: November 16, 2022 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Fiscal Year 2021-2022 Year-End Budget to Actual Report
RECOMMENDATION:
Receive and file Fiscal Year 2021-2022 Year-End Budget to Actual Report SUMMARY:
During Fiscal Year (FY) 2021-2022, all key Operating Funds of the City, including General Fund, Water Fund and Sewer Fund showed positive financial performance with total actual revenues for each Fund exceeding total actual expenditures.
For the General Fund (Attachment #1), total actual revenues of $28,420,708 were more than total amended budget amount of $27,002,046 by $1,418,662. Total actual revenues also exceeded year-end revised budget projection by $424,827. The favorable revenue performance was largely due a surge in sales tax revenue in the second half of the fiscal year aided by substantial increase in sales tax from used automobiles. Total actual expenditures of $21,747,969 were lower than total amended budget of $23,680,817 by $1,932,848. Combining better than anticipated revenue performance and expenditure savings resulted in a net increase of $6,672,739 to fund balance (Attachment #2). The estimated fund balance as of the end of Fiscal Year 2021-2022 is $24,004,537. This fund balance does not include the spendable balance in the Special Asset Revenue Fund, estimated to be $4.6 million, or the $12.6 million available in Measure R Transactions and Use Tax Fund as of June 30, 2022.
Regarding the Water Fund, total actual revenues of $13,622,498 exceeded total actual expenses of $11,694,775 by $1,927,723 (Attachment #4). The Sewer Fund’s financial performance during the year was also positive as total revenues of $7,942,462 exceeded total expenses of $6,785,161 by $1,157,301 (Attachment #5). A summary schedule of all other Operating Funds is included as Attachment #6. A schedule of revenues, expenditures and fund balance for the Landscape Maintenance Districts has also been presented as additional information (Attachment #7).
BACKGROUND:
The City’s independent auditors, Clifton, Larson, Allen, LLP are in the process of completing the City audit for the Fiscal Year ended June 30, 2022. The Annual Comprehensive Financial Report (ACFR) prepared in accordance with Generally Accepted Accounting Principles (GAAP) will be submitted to the Council at a later date.
A presentation will be scheduled with the independent auditors to further review and discuss the ACFR with the City Council. At this time, staff is presenting this important report as information to show how the various Operating Funds performed relative to the approved budget for Fiscal Year 2021-2022.
FY 2021-2022 General Fund Performance Summary
When the FY 2021-2022 Budget was adopted on June 16, 2021, a projected deficit of $677,130 was anticipated for the General Fund for the new fiscal year that began on July 1, 2021 mainly due to the economic uncertainty of the Coronavirus Pandemic. The American Rescue Plan Act (ARPA) Fund budget was adopted by the City Council on October 20, 2021. As a result of the ARPA budget adoption and additional budget amendments approved by City Council, the amended General Fund reserves amount were expected to increase. On March 2, 2022, staff presented Mid-Year Budget Amendments to City Council, which increased the surplus by $2,941,379 because of the $3,196,311 increase in projected revenues and $254,932 increase in projected expenditures. With additional budget amendments, the amended budget for the fiscal year estimated a surplus of $3.3 million. At the end of the fiscal year, total actual revenues exceeded total actual expenditures by $6,672,739 resulting in increase to the fund balance.
American Rescue Plan Act (ARPA)
The American Rescue Plan Act Fund was adopted by the City Council on October 20, 2021. ARPA provides Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) to all cities in the United States. The purpose of the funding is to help cities respond and recover from world-wide the impacts health and the from economic - Coronavirus Pandemic (COVID-19). City Council approved FY 2021-2022 appropriation in the amount of $3.2 million from the City's total allocation of $6.4 million. The remaining funds will be appropriated in future fiscal years. In addition, the City Council approved additional appropriation from ARPA funds on December 15, 2021, to provide emergency clean up and environmental observation of work to be performed at the Santa Ana River homeless encampments.
Overall, ARPA expenditures are tracking to the adopted budget (Attachment No. 3). It is important to note because the City's allocation of ARPA funds is less than $10 million, Department of Treasury Regulations allows the City to use all of its allocation as lost revenue replacement. This allows the City Council to appropriate ARPA funds for any legal government purpose except those that are prohibited. To provide flexibility to the City Council in the way these funds are used, the City is treating all of its allocation as lost revenue replacement.
Explanation of FY 2021-2022 General Fund Revenue Budget to Actual Variances
Attachment #1 is a schedule showing General Fund budget to actual data for the Fiscal Year ended June 30, 2022. For the Fiscal Year, total actual revenues were higher than the final year-end estimate by $424,827 and higher than the final amended budget by $1,418,662. The following is a recap of the major revenue categories that make up the General Fund and explanation of the variances.
1. Sales Tax: Revenue receipts totaled $11,101,953 or $478,573 more than the year-end projected amount or $1,004,313 higher than the amended budget amount. The year-end projection was based on information available during the FY 2021-2022 budget process as provided by our sales tax consultant, HDL. The City sales tax receipt during the fiscal year was boosted by strong performance in all major industry groups including: autos and transportation; state and county pools; restaurants and hotels, fuel and service stations; general consumer goods; building and construction; food and drugs; and business and industry. The largest group is autos and transportation which represents about 37% of total sales tax revenue. Revenues grew by 17% during the fiscal year aided by used car category and service stations which saw higher increases due to high demand. Total actual sales tax receipts grew by 18.9% over fiscal year 2020-2021. For the year, total sales tax revenues represent 39% of total General Fund revenues.
The chart below provides a ten-year trend of the City’s sales tax receipts by fiscal year.
The dip in FY 2019-2020 was largely due to the onset of COVID-19 economic impact along with sales deferrals and other programs instituted by California Department of Tax and Fee Administration (CDTFA) to assist businesses.
2. Property Tax: Revenue receipts totaled $2,376,951 or $84,213 more than the projected year-end amount. The favorable performance is largely due to the increase in the residual tax increment amount received from Successor Agency Redevelopment
Property Tax Trust Fund (RPTTF). For the year, total property tax receipts represent 8% of total General Fund revenues.
3. Other Taxes: Other Taxes include Public Safety Sales Tax, Property Transfer Tax, Business Licenses and Transient Occupancy Tax (TOT). Revenue receipts totaled $2,167,071. This amount is less than the total amended budget amount of $2,261,633, and lower than year-end projection of $2,210,094. The other revenue items were generally within the amended budget and year-end projection. The following chart provides a five-year trend of TOT revenues. With the worst of COVID-19 behind us, FY 2021- 2022 numbers reflect an uptrend that staff believes will continue in subsequent fiscal years. Other Taxes represent 8% of General Fund revenues.
4. Franchise Fees: Franchise Fees include revenue from Refuse, Electricity, Gas and Cable TV franchises. Revenue receipts totaled $2,025,163 which is $52,589 lower than the projected year-end amount but $31,183 higher than the amended budget amount.
The variance with the projected year-end amount is mostly attributed to the refuse franchise, which is $52,589 less than the projected year-end amount. Cable TV and gas franchise revenues performed slightly higher than budget. Franchise Fees represent 7% of General Fund revenues.
5. Intergovernmental: Revenue receipts totaled $26,935 for the year and includes statemandated cost reimbursements for public safety related activities, such as administrative license suspension, domestic violence arrests and assistance activities. No budget was established for this because the likelihood of collecting reimbursement from the State at any time for these items is unknown.
6. Fines and Penalties: Revenue receipts totaled $283,346 or $68,995 more than the projected year-end amount. The variance is attributed to parking citations and code fines
which performed better than year-end projection. Fines and Penalties represent 1% of total General Fund revenues.
7. Interest/Lease Income: Interest/Lease Income includes revenue from the lease cell sites and interest derived from investment of General Fund operating cash balance.
During Fiscal Year 2021-2022, there was no lease income from Silverlakes due to the lease deferment from July 2021 until September 2021. Revenue receipts totaled $153,723 or $508,035 lower than the projected year-end amount. The decrease is due to the lower than anticipated earnings on investments from low interest rates and the implementation of GASB-87. Interest/Lease Income represents 1% of General Fund revenues.
8. Community Development Fees: Community Development Fees include planning, building and engineering fees. Revenue receipts totaled $3,378,993 or $46,971 more than the projected year-end amount. The favorable performance was largely due to better receipts from the Building and Safety’s plan check and building permit fees, specifically due to the CapRock development projects. Community Development Fees represent 12% of General Fund revenues.
9. Community Services/Recreation: Community Services/Recreation fees are related to events and activities associated with recreation programs. The actual year-end revenues were $659,969 or $101,513 more than the projected year-end amount.
Community Services/Recreation fees represent 2% of General Fund revenues.
10. Other Revenues: Other Revenues include emergency medical subscription fees, dog licenses, penalties, refuse billing collection fees, fire inspection fees, business license renewal fees and other miscellaneous City fees. Revenue receipts totaled $1,596,861 or $214,964 higher than the projected year-end amount. Emergency medical services, penalties, dog license, miscellaneous, refuse billing and business license renewal all performed better than budgeted. The increase in these items was partially offset by less revenue received from fire inspection services. Other Revenues represents 6% of General Fund revenues.
11. Administrative Overhead/Operation Transfers: Administrative Overhead/ Operation Transfers revenues include administrative overhead reimbursements and transfers from other funds to the General Fund. Revenue receipts totaled $1,586,631 compared to the total amended budget amount of $1,586,581. Administrative Overhead/Operation Transfers represents 6% of General Fund revenues.
Explanation of FY 2021-2022 General Fund Expenditure Budget to Actual Variances Total General Fund expenditures for the fiscal year were below the final year-end projection and amended budget by $182,012 and $1,932,848, respectively. Most of the savings came from sheriff, community services, non-departmental, human resources, economic development, finance, city council, city attorney, and community development.
It is important to note that the adopted General Fund expenditure budget was reduced by shifting $2,050,000 of public safety (fire and sheriff) costs from the General Fund to ARPA. These variances are further explained below.
1. Sheriff’s Department: Total actual expenditures of $5,665,473 were lower than the amended budget amount of $6,042,365 resulting in savings of $376,892. These savings were primarily due to estimated contract rate reduction and delays in filling vacancies for
dedicated Traffic Deputies. At the time FY 2021-2022 budget was approved, the contract rate was estimated to increase by 5.25%. The County's contract rate increased by 4.12% instead of the previously estimated 5.25%. This reduction in rate and delays in filling vacancies generated a cost reduction from the adopted budget. Due to ARPA, $1,050,000 of public safety sheriff costs were shifted from the General Fund to ARPA. Additionally, the City received $61,285 more than anticipated from the Supplemental Law Enforcement Grant. This additional receipt was applied to reduce General Fund Sheriff expenditures.
2. Fire Suppression & EMS (CAL FIRE) Department: Total actual expenditures of $3,451,557 were higher than the amended budget amount of $3,329,798. Due to ARPA, $1,000,000 of public safety fire costs were shifted from the General Fund to ARPA.
3. Community Services: Total actual expenditures of $1,470,122 were lower than the budgeted amount of $1,677,695 resulting in savings of $207,573. These savings were primarily due to limited recreational events in youth and teen programs.
4. Non-Departmental: Total actual expenditures of $3,155,462 were lower than the amended budget amount of $4,390,177 resulting in savings of $1,234,715. These savings were primarily due to the pension contributions reclassified as cash with fiscal agent.
5. Administration, Economic Development and Finance: Total actual expenditures of $2,007,488 were lower than the amended budget amount of $2,205,577 resulting in savings of $198,089. These savings were primarily due lower than anticipated spending on finance services mainly due to vacancies.
6. City Council and City Attorney: Total actual expenditures of $316,602 were lower than the amended budget amount of $353,271 resulting in savings of $36,669. These savings were primarily due lower than anticipated spending on code enforcement legal services and salary savings.
7. Public Works and Engineering Division: Total actual expenditures of $511,323 were higher than amended budget amount of $472,306. These difference was primarily due to contractual engineering services for development projects.
8. Community Development: Total actual expenditures of $1,402,355 were lower than amended budget amount of $1,714,889 resulting in savings of $312,534. These savings were primarily due to contractual services.
9. Facilities and Maintenance: Total actual expenditures of $2,962,751 were higher than amended budget amount of $2,697,944 resulting in overage of $264,807. In the park's division, the overage was primarily due to increased water usage and electricity charges, contractual services due to vandalism repairs at Wayne Makin Sports Complex, and landscaping at Norco Hills Road. In the facilities division, the overage was primarily due to worker's compensation, increased electricity charges, and contractual services for unexpected repairs to the structural integrity of the bleachers at Moreno Arena.
General Fund (Fund Balance)
City Council policy requires a minimum emergency fund balance representing 25% of total General Fund expenditures. The chart below provides a ten-year fund balance trend
for the General Fund. While the City currently maintains a very healthy fund balance, future economic uncertainties may lead to reduction in this balance.
The audited fund balance, restated at the beginning of the fiscal year, was $17,331,798 (Attachment #2). During the fiscal year, total revenues exceeded total expenditures by $6,672,739 resulting in estimated ending fund balance of $24,005,537 as of June 30, 2022. As previously noted, City Council policy requires a minimum emergency fund balance representing 25% of total General Fund expenditures. For FY 2021-2022, estimated General Fund expenditures totaled $21,747,969 resulting in $5,436,992 required to be maintained as emergency fund balance. As of June 30, 2022, the estimated total fund balance represents 110% of total FY 2021-2022 General Fund expenditures. A total of $1,023,137 of the fund balance has been designated for designated and donations and deposits for special projects, events and programs.
Other Fund Balances
Special Asset Revenue Fund: The City established the Special Asset Revenue Fund in FY 2008 to accumulate revenues generated from one-time asset sales and special revenue receipts. The Fund had a spendable fund balance (cash) of $4.6 million on June 30, 2022. Subsequent to the end of the fiscal year, the City Council appropriated $2 million from this fund balance towards the purchase of land on Sixth St. and California Avenue.
In addition to the available spendable fund balance, the Special Asset Revenue Fund also has over $2.3 million in long-term receivables from the sale of assets. The spendable balance of funds in the Special Asset Revenue Fund can be appropriated for any legal expenditure of the City by the City Council, subject to a super majority approval.
Measure R Fund: The Measure R Transactions and Use Tax Fund receipts and interest earnings totaled $8,603,812 or $544,554 more than the amended budget amount. The
original approved budget amount for Measure R Transactions and Use Tax was $5,867,000 while the amended budget amount was $7,968,496.
Measure R’s FY 2021-2022 fund balance increased due to total revenues exceeding expenditures by $2,682,013. The beginning fund balance on July 1, 2021 was $9,925,562 resulting in an ending fund balance of $12,607,575. The ending fund balance will cover the carryover projects of $8,479,033 and result in $4,128,542 available for future projects.
The FY 2021-2022 Measure R budget to actual report was presented to Measure R Citizens’ Oversight Committee at their September 28, 2022 meeting (see attachment #8).
Other Operating Funds
Attachment #6 also provides a summary of revenues and expenditures for other Operating Funds. Other Operating Funds included in this report are Water, Sewer, Gas Tax, NPDES, CDBG and Miscellaneous Grants.
Water Fund: Total actual Water Fund revenues of $13.6 million were more than budgeted revenues of $13.4 million by $215,826 primarily due to charges for water services exceeding budget. Total actual Water Fund expenses of $11.7 million were less than budgeted expenses of $12.9 million by $1.2 million primarily because of savings in salaries and benefits savings, professional services, maintenance and rentals, small equipment and self-insurance settlements.
Working capital increased by $554,800 to $5.9 million as of June 30, 2022, because total revenues exceeded total expenses. A water rate resolution approved by City Council requires that a rate stabilization and operating reserve be maintained to ensure adequate operating cash flows and rate stability. The City’s Bond Indenture also requires a rate stabilization reserve. As of June 30, 2022, $3.2 million of the total working capital was required as operating reserve while $1,111,110 was required for rate stabilization reserve leaving $1.3 million available for transfer to Water Capital Projects Fund for future projects. For more details regarding Water Fund budget to actual revenues and expenses, refer to Attachment #4.
Sewer Fund: Total actual Sewer Fund revenues of $7.9 million were more than budgeted revenues of $7.8 million by $124,422 primarily due to the charges for sewer services.
Total actual Sewer Fund expenses of $6.8 million were less than budgeted expenses of $7.1 million by $322,096. These savings came from less than anticipated cost for salaries and benefits, maintenance and rentals and miscellaneous small equipment. Although there were lower expenses and better revenues, working capital decreased by $0.2 million. As of June 30, 2022, the Sewer Fund had estimated working capital balance of $3.2 million. Based on the working capital balance of $3.2 million and required operating reserve of $1.9 million, the estimated amount available for transfer to the Sewer Capital Projects Fund is $1.5 million for future sewer capital projects. For more details regarding Sewer Fund budget to actual revenues and expenses, refer to Attachment #5.
Other Funds: Total actual Gas Tax revenues were lower than the State of California’s projection due to lower demand early in the fiscal year as a result of the COVID-19 Pandemic. Gas Tax Fund revenues are used for street maintenance. Revenues were less than projected by $75,725. Actual expenditures were less than budgeted but did not exceed actual revenues for the fiscal year resulting in a fund balance of $199,003 as of June 30, 2022. National Pollutant Discharge Elimination System (NPDES) total revenues
were $119,964 compared to actual expenditures of $148,118. The difference of $28,154 between actual revenues and actual expenditures decreased the fund balance. The Fund Balance for NPDES, as of June 30, 2022, is $47,391.
Capital Project Funds: Capital Project Funds are used to account for financial resources and uses pertaining to the acquisition and construction of governmental infrastructure and other assets, such as streets, storms drains, public buildings, trails, park improvements, water, and sewer infrastructure. Except for the water and sewer capital projects, which are funded with ongoing revenues derived from user rates, the other capital project categories have no dedicated ongoing revenue source and, therefore, will rely on funding from Measure R and infrequent impact fees to fund new projects once the remaining cash balances are depleted. Please note, street projects are partially funded from limited Measure A and SB 1 receipts.
Landscape Maintenance Districts (LMD): As information for the benefits of residents whose property is assessed to pay for the cost of maintaining Landscape Maintenance Districts (LMD), this year-end budget to actual report provides revenue and expenditure information for each District. For all Districts, actual revenues and expenditures for the Fiscal Year were reasonably within the amount in the Engineer’s Estimate. Also included in the schedule is each District’s beginning and ending fund balance. LMD #2 continues to reflect a negative fund balance. However, the deficit was significantly decreased by $38,055 during the year due to capital improvements not completed. For additional details on the LMD’s, refer to Attachment #7.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The FY 2021-2022 Year-End Budget to Actual Report is consistent with Strategic Direction #3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment #1
Attachment #2
Attachment #3
Attachment #4
Attachment #5
Attachment #6
Attachment #7
Attachment #8
Attachment 1 City of Norco
General Fund Budget to Actual
For the Fiscal Year Ended June 30, 2022
Actual vs Actual vs
Adopted Amended Year-End Year-End Amended Year-End
General Fund Budget Budget Projection Actual Budget Projection
REVENUES
Property Taxes $ 2,268,055 $ 2,311,753 $ 2,292,738 $ 2,376,951 $ 65,198 $ 84,213 Sales Taxes 8,528,389 10,097,640 10,623,380 11,101,953 1,004,313 478,573 Motor Vehicle License Fees 3,022,043 3,063,111 3,063,111 3,063,111 - - Other Taxes 1,678,615 2,261,633 2,210,094 2,167,071 (94,562) (43,023) Franchise Fees 1,956,901 1,993,980 2,077,752 2,025,163 31,183 (52,589) Intergovernmental 300 300 290 26,935 26,635 26,645
Fines and Penalties 249,346 216,664 214,351 283,346 66,682 68,995 Interest/Lease Income 971,498 660,701 661,758 153,723 (506,978) (508,035) Community Development Fees 1,609,278 2,732,205 3,332,022 3,378,993 646,788 46,971 Community Services/Recreation 625,206 692,885 558,456 659,969 (32,916) 101,513 Other Revenues 1,309,524 1,384,593 1,381,897 1,596,861 212,268 214,964 Administrative Overhead/Operating Transfers 1,580,032 1,586,581 1,580,032 1,586,631 50 6,599 Total Revenues 23,799,187 $ 27,002,046 $ 27,995,881 28,420,708 $ 1,418,662 $ 424,827 $
EXPENDITURES
Sheriff $ 7,020,789 $ 5,970,789 $ 5,475,713 $ 5,584,721 $ 386,068 $ (109,008) Citizens on Patrol 17,576 17,576 13,028 13,077 4,499 (49) Crossing Guards 54,000 54,000 54,000 67,674 (13,674) (13,674) Total Sheriff Protection 7,092,365 6,042,365 5,542,741 5,665,473 376,892 (122,732) Fire Suppression & EMS (CalFire) 4,311,568 3,311,568 3,308,955 3,431,519 (119,951) (122,564) Norco Animal Rescue Team 18,230 18,230 18,080 20,038 (1,808) (1,958) Total Fire 4,329,798 3,329,798 3,327,035 3,451,557 (121,759) (124,522) Recreation 966,808 966,068 990,407 942,958 23,110 47,449 Special Events 100,254 100,254 52,253 73,445 26,809 (21,192) Youth & Teen 376,073 376,073 240,378 255,357 120,716 (14,979) Senior Citizens 193,031 193,031 170,392 161,701 31,330 8,691 Senior-RCTC 42,269 42,269 32,773 36,661 5,608 (3,888)
Total Community Services 1,678,435 1,677,695 1,486,203 1,470,122 207,573 16,081 Animal Control 796,795 796,795 719,645 804,837 (8,042) (85,192) Non-Departmental 3,430,267 4,390,177 4,332,494 3,155,462 1,234,715 1,177,032 City Clerk 452,864 469,114 473,028 488,668 (19,554) (15,640) City Manager 547,404 547,404 540,650 584,724 (37,320) (44,074) Human Resources 213,172 213,172 180,597 200,111 13,061 (19,514) Economic Development 210,010 210,010 123,792 111,781 98,229 12,011 Fiscal & Support Services 765,877 765,877 637,501 622,204 143,673 15,297 Total Admin, Econ. Dev & Finance 2,189,327 2,205,577 1,955,568 2,007,488 198,089 (51,920) City Council 103,271 103,271 84,258 81,643 21,628 2,615 City Attorney 250,000 250,000 225,000 234,958 15,042 (9,958) Total City Council & City Attorney 353,271 353,271 309,258 316,602 36,669 (7,344) Engineering 357,608 257,608 281,205 339,273 (81,665) (58,068) Inspection 20,592 120,592 18,500 98,449 22,143 (79,949) Parkway Maintenance 94,106 94,106 75,320 73,601 20,505 1,719 Total Public Works & Engineering 472,306 472,306 375,025 511,323 (39,017) (136,298) Code Enforcement 201,755 201,755 173,320 179,755 22,000 (6,435) Building & Safety 831,287 831,287 632,740 653,738 177,549 (20,998) Planning 681,847 681,847 607,911 568,863 112,984 39,048 Total Community Development 1,714,889 1,714,889 1,413,971 1,402,355 312,534 11,616 Park Maintenance 933,289 1,105,412 1,026,241 1,214,280 (108,868) (188,039) Public Buildings 1,485,575 1,592,532 1,441,800 1,748,471 (155,939) (306,671) Total Facilities Maintenance 2,418,864 2,697,944 2,468,041 2,962,751 (264,807) (494,710) Total Expenditures 24,476,317 $ 23,680,817 $ 21,929,981 $ 21,747,969 $ 1,932,848 $ 182,012 $ Revenues Over (Under) Expenditures (677,130) $ 3,321,229 $ 6,065,900 $ 6,672,739 $ 3,351,510 $ 606,839 $
Attachment 2
City of Norco
General Fund - Fund Balance
For Fiscal Year-Ended June 30, 2022
Rev/Exp Fund
GENERAL FUND Total Balance
Audited Beginning Balance, July 1, 2021, Restated 17,331,798 $ FY 21-22 Actual Revenues/Transfers In 28,420,708
FY 21-22 Actual Expenditures/Transfers Out (21,747,969) Revenues Over (Under) Expenditures FY 2021-2022 6,672,739 Estimated Ending Fund Balance, June 30, 2022 (Unaudited) 24,004,537 $ City of Norco
General Fund - Fund Balance Designations
For Fiscal Year-Ended June 30, 2022
Estimated Ending Fund Balance, June 30, 2022 $ 24,004,537 FY 2021 - 2022 Reserve for Emergency (25% of Budget) (5,436,992) Designated for Special Projects and Programs* (1,023,137) Estimated Uncommitted Fund Balanced June 30, 2022 17,544,408 $ * Note: $1,023,137 of Fund Balance is attributed to Designated Donations and Deposits
Attachment 3
City of Norco
Schedule of American Rescue Plan Act Revenues & Expenditures For the Fiscal Year Ended June 30, 2022
Actual vs
Amended 6/30/2022 Amended
American Rescue Plan Act (ARPA) Budget Actual Budget
Revenues:
ARPA Revenues 3,173,559 $ 2,884,273 $ (289,286) $
Total Revenues 3,173,559 $ 2,884,273 $ (289,286) $
Expenditures - Revenue Loss:
Covid-19 Related Salaries 35,000 $ 38,879 $ (3,879) $
Unemployment 12,628 21,679 (9,051)
Special Departmental 30,300 34,325 (4,025)
CalFire Contractual Services 1,000,000 1,000,000 -
Law Enforcement Contractual Services 1,050,000 1,050,000 - Utility Subsidy Program 250,000 205,920 44,080
Homeless Programs and Services 349,631 291,987 57,644
ARPA Additional Relief for Utility Billing 100,000 - 100,000 Small Business Grant Program 250,000 155,000 95,000
Equipment 96,000 86,484 9,516
Total Expenditures 3,173,559 $ 2,884,273 $ 289,286 $
Revenues Over (Under) Expenditures $ - $ -
Attachment 4
City of Norco
Water Fund Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Year-End Amended
Water Fund Budget Actual Budget
Operating Revenues:
Charges for Water Services $ 13,182,057 $ 13,542,511 $ 360,454 Interest Income 20,000 (111,392) (131,392)
Miscellaneous 204,615 191,379 (13,236)
Total Revenues 13,406,672 $ 13,622,498 $ 215,826 $
Expenses:
Salaries and Benefits 1,425,982 $ 1,239,127 $ 186,855 $ Employee Related Expense 23,425 18,567 4,858
Supplies and Services 564,639 261,726 302,913
Maintenance and Rentals 184,300 168,473 15,827
Water Purchases, Operations and Utilities 6,915,100 6,471,282 443,818 Professional & Contractual 1,065,262 888,335 176,927
Miscellaneous Expenses 191,326 179,843 11,483
Debt Service Related Payments 1,397,867 1,398,447 (580) Computer, Vehicle Operations & Replacement Charges 327,802 327,802 - Self-Insurance Settlements 32,000 - 32,000
Miscellaneous/Small Equipment 60,000 - 60,000
Administrative Overhead & Reimbursements to Other Funds 691,171 691,172 (1) Post Retirement Health Contributions 50,000 50,000 -
Total Operating Expenses 12,928,874 $ 11,694,775 $ 1,234,099 $ Revenues Over (Under) Expenses 477,798 $ 1,927,723 $ 1,449,925 $
Attachment 5
City of Norco
Sewer Fund Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Year-End Amended
Sewer Fund Budget Actual Budget
Operating Revenues:
Charges for Sewer Services $ 7,330,572 $ 7,574,923 $ 244,351 Interest Income 25,000 (84,960) (109,960)
Corona Loan Interest 119,121 119,121 -
Corona Loan Principal 240,649 240,649 -
Miscellaneous & Bad Debt Recovery 102,699.0 92,731 (9,968) Total Revenues 7,818,041 $ 7,942,462 $ 124,421 $
Expenses:
Salaries and Benefits 1,340,601 $ $1,195,019 145,582 $
Employee Related Expense 16,500 14,127 2,373
Supplies and Services 69,650 63,115 6,535
Maintenance and Rentals 64,300 53,789 10,511
Operations and Utilities 82,500 108,911 (26,411)
Professional & Contractual 2,765,262 2,663,818 101,444
Miscellaneous Expenses 99,708 87,511 12,197
Debt Service Related Payments 1,611,190 1,611,771 (581) Computer, Vehicle Operations & Replacement Charges 263,076 263,076 - Self-Insurance Settlements 10,000 - 10,000
Miscellaneous/Small Equipment 60,000 136 59,864
Administrative Overhead & Reimbursements to Other Funds 482,283 482,283 - Post Retirement Health Contributions 241,606 241,606 -
Total Operating Expenses 7,106,676 $ 6,785,161 $ 321,515 $ Revenues Over (Under) Expenses 711,365 $ 1,157,301 $ 445,936 $
Attachment 6
City of Norco
Schedule of Other Funds Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Amended
Fund Description Budget Actual Budget
WATER FUND
Revenues 13,406,672 $ 13,622,498 $ 215,826 $
Expenses 12,928,874 11,694,775 1,234,099
Revenues Over (Under) Expenses $ 1,927,723 477,798 $ 1,449,925 $
SEWER FUND
Revenues 7,818,041 $ 7,942,462 $ 124,421 $
Expenses 7,106,676 6,785,161 321,515
Revenues Over (Under) Expenses $ 1,157,301 711,365 $ 445,936 $
GAS TAX
Revenues 714,385 $ 638,660 $ (75,725) $
Expenditures 698,105 488,895 209,210
Revenues Over (Under) Expenditures $ 149,765 16,280 $ 133,485 $
NPDES FUND
Revenues 135,000 $ 119,964 $ (15,036) $
Expenditures 183,771 148,118 35,653
Revenues Over (Under) Expenditures $ (28,154) (48,771) $ 20,617 $ CDBG
Revenues 173,472 $ 14,049 $ (159,423) $
Expenditures 173,472 14,049 159,423
Revenues Over (Under) Expenditures $ - - $ - $
MISCELLANEOUS GRANTS
Revenues 774,074 $ 467,573 $ (306,501) $
Expenditures 774,074 467,573 306,501
Revenues Over (Under) Expenditures $ - - $ - $
NANCY ADRIAN NEWMAN TRUST FUND
Revenues 46,312 $ (1,301) $ (47,613) $
Expenditures 46,312 19,208 27,104
Revenues Over (Under) Expenditures $ (20,509) - $ (20,509) $
SUPPLEMENTAL LAW ENFORCEMENT
Revenues 161,285 $ 161,285 $ - $
Expenditures 161,285 161,285 -
Revenues Over (Under) Expenditures $ - - $ - $
MEASURE R
Revenues 8,059,258 $ 8,603,812 $ 544,554 $
Expenditures 15,268,433 5,921,799 9,346,634
Revenues Over (Under) Expenditures $ 2,682,013 (7,209,175) $ 9,891,188 $
Attachment 7 Page 1
City of Norco
Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Year-End Amended
Landscape Maintenance District #1 Budget Actual Budget
Revenues:
LMD #1 Assessments 10,607 $ 10,298 $ (309) $
Total Revenues 10,607 $ 10,298 $ (309) $
Expenditures:
Observation 3,345 $ 1,309 $ 2,036 $
Water Charges 4,000 3,877 123
Electricity Charges 349 100 249
Telephone Charges 200 314 (114)
Landscape Maintenance 2,989 2,972 17
Contractual 1,400 2,734 (1,334)
Administrative Overhead 537 537 -
Admin Fees-Property Taxes 150 111 39
Incidentals 400 - 400
Fuel - 78 (78)
Total Expenditures 13,370 $ 12,032 $ 1,338 $
Revenues Over (Under) Expenditures $ (2,763) $ (1,734)
Fund Balance:
Beginning Fund Balance 2,471 $
FY Change in Fund Balance (1,734)
Ending Fund Balance June 30, 2022 737 $
Attachment 7 Page 2
City of Norco
Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Amended
Landscape Maintenance District #2 Budget Actual Budget
Revenues:
LMD #2 Assessments 159,058 $ 159,783 $ 725 $
Interest Income - 59 59
Miscellaneous Revenue 77,161 - (77,161)
Total Revenues 236,219 $ 159,842 $ (76,377) $
Expenditures:
Observation 17,927 $ 6,546 $ 11,381 $
Tree Replacement 3,000 - 3,000
Equestrian Trails 41,948 41,704 244
Water Charges 31,269 27,927 3,342
Electricity Charges 1,500 2,217 (717)
Telephone Charges 206 - 206
Landscape Maintenance 27,059 20,078 6,981
Wet Lands Area 534 - 534
Park Maintenance 9,614 11,208 (1,594)
Contractual 3,000 3,041 (41)
Administrative Overhead 7,340 7,340 -
Admin Fees-Property Taxes 242 166 76
Incidentals 1,000 1,168 (168)
Fuel - 392 (392)
Operating Contingency 2,459 - 2,459
Land Improvements 60,000 - 60,000
Storm Sewer Lines- Construction 20,000 - 20,000
Total Expenditures 227,098 $ 121,786 $ 105,312 $
Revenues Over (Under) Expenditures 9,121 $ 38,055 $
Fund Balance:
Beginning Fund Balance (38,811) $
FY Change in Fund Balance 38,055
Ending Fund Balance June 30, 2022 (756) $
Attachment 7 Page 3
City of Norco
Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Amended
Landscape Maintenance District #3 Budget Actual Budget
Revenues:
LMD #3 Assessments 89,201 $ 89,466 $ 265 $
Interest Income - (131) (131)
Total Revenues 89,201 $ 89,335 $ 134 $
Expenditures:
Observation 13,137 $ 5,237 $ 7,900 $
Equestrian Trails 6,579 6,551 28
Tree Replacement 2,000 - 2,000
Water Charges 37,721 39,729 (2,008)
Electricity Charges 1,200 1,083 117
Telephone Charges 65 - 65
Landscape Maintenance 31,995 31,815 180
Contractual 2,575 2,685 (110)
Administrative Overhead 5,068 5,068 -
Admin Fees-Property Taxes 266 117 149
Incidentals 1,000 - 1,000
Fuel - 313 (313)
Operating Contingency 3,182 - 3,182
Total Expenditures 104,788 $ 92,597 $ 12,191 $
Revenues Over (Under) Expenditures (15,587) $ (3,263) $ Fund Balance:
Beginning Fund Balance 12,485 $
FY Change in Fund Balance (3,263)
Ending Fund Balance June 30, 2022 9,222 $
Attachment 7 Page 4
City of Norco
Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Amended
Landscape Maintenance District #4 Budget Actual Budget
Revenues:
LMD #4 Assessments 461,877 $ 464,122 $ 2,245 $
Interest Income - (4,196) (4,196)
Miscellaneous Revenue - 57 57
Total Revenues 461,877 $ 459,983 $ (1,894) $
Expenditures:
Observation 23,462 $ 9,744 $ 13,718 $
Equestrian Trails 82,725 82,243 482
Tree Replacement 5,000 - 5,000
Water Charges 118,786 135,575 (16,789)
Electricity Charges 7,827 6,292 1,535
Telephone Charges 739 296 443
Landscape Maintenance 151,228 180,663 (29,435)
Natural Open Space 13,525 11,970.17 1,555
Wet Lands Area 5,499 - 5,499
Park Maintenance - 639 (639)
Contractual 3,708 2,663 1,046
Administrative Overhead 30,724 30,724 -
Admin Fees-Property Taxes 401 288 113
Trail Fence - - -
Incidentals 5,000 12,968 (7,968)
Fuel - 548 (548)
Operating Contingency 15,413 6,823 8,590
Storm Sewer Lines 20,000 - 20,000
Total Expenditures 484,037 $ 481,438 $ 2,599 $
Revenues Over (Under) Expenditures $ (22,160) $ (21,455) Fund Balance:
Beginning Fund Balance 352,538 $
FY Change in Fund Balance (21,455)
Ending Fund Balance June 30, 2022 331,083 $
Attachment 7 Page 5
City of Norco
Budget to Actual Report
For the Fiscal Year Ended June 30, 2022
Actual vs
Amended Amended
Landscape Maintenance District #5 Budget Actual Budget
Revenues:
LMD #5 Assessments 60,838 $ 64,524 $ 3,686 $
Interest Income - (1,828) (1,828)
Total Revenues 60,838 $ 62,696 $ 1,858 $
Expenditures:
Observation 10,055 $ 3,927 $ 6,128 $
Equestrian Trails 8,340 8,281 59
Tree Replacement 500 - 500
Water Charges 10,564 14,093 (3,529)
Electricity Charges 621 616 5
Telephone Charges 68 - 68
Landscape Maintenance 16,674 17,388 (714)
Park Maintenance - 844 (844)
Contractual 2,575 2,496 79
Administrative Overhead 2,956 2,956 -
Admin Fees-Property Taxes 253 105 148
Incidentals 1,000 - 1,000
Fuel - 235 (235)
Operating Contingency 3,566 - 3,566
Storm Sewer Lines 20,000 - 20,000
Total Expenditures 77,172 $ 50,941 $ 26,231 $
Revenues Over (Under) Expenditures (16,334) $ 11,755 $
Fund Balance:
Beginning Fund Balance 139,764 $
FY Change in Fund Balance 11,755
Ending Fund Balance June 30, 2022 151,519 $
Measure R Citizens' Oversight
Committee
STAFF REPORT
Date: September 28, 2022 Agenda Item:
4.A.
To: Honorable Chair and Committee Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Measure R Fund FY 2021-2022 Budget to Actual Report
RECOMMENDATION:
Receive and File Measure R Fund FY 2021-2022 Budget to Actual Report.
SUMMARY:
During Fiscal Year 2021-2022, total Measure R Fund revenues exceeded both the original and amended budget amounts due to better than anticipated receipts. The total amount spent on capital projects for the fiscal year was less than total budget amount because many of the projects are yet to be completed. For projects that were not completed during the fiscal year, the remaining unspent amounts have been carried over to Fiscal Year 2022-2023. Staff recommends that the Measure R Citizens Oversight Committee (COC) receive and file the FY 2021-2022 Measure R Fund budget to actual report.
BACKGROUND:
COC Bylaws require that annual financial audit performed by Independent Certified Public Accounting Firm be presented and reviewed by the COC. The City’s independent auditors, CliftonLarsonAllen, are in the process of completing their work on the City audit for the Fiscal Year ended June 30, 2022. The Measure R Fund Financial Statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) will be submitted to the Committee at a later date after the completion of the audit. In the meantime, staff is presenting this important report as information to show how Measure R Fund performed relative to the approved budget for Fiscal Year 2021-2022.
Measure R Revenues
1. Measure R Transactions and Use Tax: Transactions and Use Tax receipts totaled $8,769,901 or $801,405 more than the amended budget amount. The original approved budget amount for Measure R Transactions and Use Tax was Attachment #8
$5,867,000 while the amended budget amount was $7,968,496. Both the original budget and amended budget amounts were established based on estimates provided by HDL, the City’s Sales Tax Consultant. The Consultant recommended an increase to the original budget amount since the expected negative impact was less sever than anticipated on a statewide basis following COVID-19 Pandemic recovery efforts. It is also important to note that this is the third full year that Measure R Transactions and Use Tax was in place, therefore, not enough historical data has been established to reasonably forecast revenues.
2. Investment Earnings: Interest earnings/(losses) totaled ($166,089) or $256,851 less than anticipated at year-end. The variance is largely due to the lower than anticipated earnings on investments from low interest rates as well as the fair market value adjustments as of June 30, 2022.
Measure R Expenditures
Total Measure R expenditures for the fiscal year were $5,921,799 compared to total amended budget amount of $15,268,433. The difference between the budget and actual expenditures is mainly because many of the projects approved during the fiscal year are in process of completion. In addition, as a result of COVID-19 pandemic recovery efforts, construction projects are delayed and an increase in costs due to travel restrictions, social distancing, quarantines, and contractors and supplies availability. The remaining budget for the projects that were not completed during the fiscal year have been carried over to Fiscal Year 2022-2023. Attachment A provides a summary of FY 2021-2022 Measure R budget and actual unaudited expenditures including unspent amounts that have been carried over. Attachment B provides a summary of Measure R Project's life-to-date budget to actual expenditures.
Measure R Fund Balance
Measure R’s FY 2021-2022 fund balance increased due to total revenues exceeding expenditures by $2,682,013. The beginning fund balance at July 1, 2022 was $9,925,562 resulting in an ending fund balance of $12,607,575. The FY 2022-2023 Measure R budget includes $8,479,033 for carryover projects based on estimated FY 2021-2022 expenditures. The FY 2022-2023 Measure R Budget will be amended to reflect the project's carryover amounts based on actual FY 2021-2022 expenditures. As a result, the ending fund balance will cover the carryover projects of $8,479,033 and result in $4,128,542 being available for future projects. It is important to note that some of the amount available for future projects as of June 30, 2022 were used for new projects approved in the FY 2022-2023 Measure R Capital Improvement Projects Budget.
FISCAL IMPACT:
The FY 2022-2023 Measure R Capital Improvement Projects Budget will be amended to reflect the project's carryover amounts based on actual FY 2021-2022 expenditures.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 3. Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):
Attachment A - Budget to Actual Report
Attachment B - Project Life-To-Date Status
Revenue Description
FY 2021-2022
Approved
Budget
FY 2021-2022
Amended
Budget
FY 2021-2022
Actual
Budget Less
FY 2021-2022
Actual
Carryover
Amount
Measure R Tax Revenues 5,867,000 $ 7,968,496 $ 8,769,901 $ (801,405) $ - $ Investment Earnings 90,762 90,762 (166,089) 256,851 -
Total Revenues 5,957,762 $ 8,059,258 $ 8,603,812 $ (544,554) $ - Expenditures
Operating and Maintenance
Trail System Maintenance $ 567,000 $ 567,000 $ 517,287 $ 49,713 $ - Street Maintenance 250,000 250,000 205,786 44,214 -
Committee Stipends 1,400 1,400 - 1,400 -
Professional Services 10,000 10,000 5,000 5,000 -
Subtotal 828,400 828,400 728,073 100,327 -
Carryover Projects
Animal Control, Parmenter Park, Wayne Makin Parking Lots 285,867 272,673 134,055 138,618 138,618 City Hall/Sheriff Sub-Station Improvements 236,050 238,794 46,705 192,089 192,089 Citywide ADA Assessment 122,852 67,575 68,251 (676) -
Citywide HVAC/EVC Project 279,294 309,441 240,206 69,235 - Citywide Urban Forest Tree Planting Program 79,000 69,843 35,584 34,259 34,259 Moreno Arena Sound System 130,000 130,000 - 130,000 130,000 Nellie Weaver Hall Improvements 539,000 538,350 92,241 446,110 446,110 Playground Replacement Project 100,844 310,672 282,763 27,909 - Pole Barns 972,391 3,427,284 779,051 2,648,233 2,648,233 Riley Gym Improvements 448,805 555,146 546,052 9,094 -
Riley Gym, Community Center, Scott House Parking Lots
146,077 296,828 118,015 178,813 -
River Road Parkway Improvement Project 100,000 310,287 271,026 39,261 - Santa Ana River Trail Project 201,457 201,458 - 201,458 201,458 Trail Fence Replacement - Various Locations 600,000 833,484 612,371 221,113 - Valley View Pavement Project 1,063,437 1,030,641 - 1,030,641 1,030,641 Subtotal 8,592,476 5,305,074 3,226,317 5,366,159 4,821,408 New Projects/Programs
Center Street Pavement Project - 250,000 201,497 48,503 - Citywide ADA Improvement Project 200,000 200,000 3,230 196,770 196,770 Citywide Facility Painting and Treating 150,000 150,000 115,827 34,173 - Citywide Flooring 200,000 200,000 - 200,000 200,000
Citywide Irrigation System Upgrade 210,000 210,000 - 210,000 210,000 Citywide Park Enhancements 510,000 510,000 5,760 504,240 504,240 Dales and Parkridge Pavement Project 630,000 630,000 629,005 995 - Hillside Ave Pavement Project 910,000 910,000 621,968 288,032 288,032 Second Street Pavement Project - East Side 1,000,000 1,000,000 - 1,000,000 1,000,000 Shadow Canyon Circle Pavement Project 460,000 460,000 14,350 445,650 445,650 Third Street Payment Project 860,000 860,000 47,068 812,933 812,933 Tree Irrigation Project - 80,000 71,995 8,005 -
Various Minor Street Pavement Projects 330,000 330,000 202,657 127,343 - Wayne Makin/Shearer Master Plan 50,000 57,557 54,051 3,506 - Subtotal 5,847,557 5,510,000 1,967,408 3,880,149 3,657,624 Total Expenditures 11,643,474 $ 15,268,433 $ 5,921,799 $ 9,346,634 $ 8,479,033 $ Revenues Over (Under) Expenditures 2,682,013 $
Beginning Fund Balance July 1, 9,925,562
Ending Fund Balance June 30, 12,607,575 $
Carryover Projects (8,479,033) $
Amount Available for Future Projects 4,128,542 $
Measure R Transactions and Use Tax
Budget to Actual Report
Attachment A