Norco City Council
December 7, 2022

AGENDA
City Council
Wednesday, December 7, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:30 PM
ROLL CALL Kevin Bash, Council Member
Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Ted Hoffman, Council Member
STUDY SESSION - 4:30 PM
Recycled Water System Condition and Future Use - Oral report

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
§54956.9 (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 Pro Tem Robin Grundmeyer
INVOCATION Pastor Rolando Rosales
Beacon Hill Assembly of God

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. CONSENT CALENDAR
City Council Agenda - December 7, 2022
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 16, 2022.

Staff Report - Pdf

2.C. Approval of Two Companies to Provide Emergency On-Call Homeless Encampment Cleanup Services
RECOMMENDATION:

Approve contracts for two companies to provide emergency on-call homeless encampment cleanup services for Fiscal Years 2022-2023 to 2027-2028.

Staff Report - Pdf

2.D. Acceptance of Bids and Award of Contract for the Fiscal Year 2022-2023 Residential Street Overlay Project
RECOMMENDATION:

Accept bids and award a contract to Eagle Paving Company, Inc. for the Fiscal Year (FY) 2022-2023 Residential Street Overlay Project in the amount of $1,263,000 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

City Council Agenda - December 7, 2022

2.E. Execution of a Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Catch Basin Retrofit Project (Trash Screens)
RECOMMENDATION:

Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District to design and construct the Catch Basin Retrofit Project (Trash Screens), and authorize the Mayor to execute the agreement.

Staff Report - Pdf

2.F. City Council Holiday Meeting Schedule
RECOMMENDATION:

Cancel City Council meeting scheduled for Wednesday January 4, 2022.

Staff Report - Pdf

2.G. Consideration of a Side Letter Agreement and Policy for Employer-Paid Training California Commercial Driver’s License for the Utility Workers Union of America, Local 606
RECOMMENDATION:

Approval of a Side Letter Agreement and Policy for Employer-Paid Training California Commercial Driver’s License for the Utility Workers Union of America, Local 606 with an effective date of July 1, 2022.

Staff Report - Pdf

2.H. Additional Appropriation of Funds for the Fire Station 47 Ingress/Egress Driveway Approach Improvement Project, Project No. 4505.4 RECOMMENDATION:

Adopt Resolution No. 2022-81 to approve appropriation of funds from Fund 142, Fire Improvement Fund in the amount $25,700 that includes a 10% contingency.

Staff Report - Pdf

City Council Agenda - December 7, 2022

2.I. Acceptance of the Center Avenue Street Improvements Project as Complete RECOMMENDATION:

Accept the Center Avenue Street Improvements Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.

The governmental body shall not discuss or act relative to any general public comment.

5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.

5.A. Second 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, Second Reading, amending Norco Municipal Code Title 8 "Animals" to add Chapter 8.09 "Working Animal Protection Act".

Code Amendment 2022-04.

Staff Report - Pdf

6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

City Council Agenda - December 7, 2022

6.A. Comprehensive update to the City of Norco General Plan RECOMMENDATION:

Direct staff to proceed with a comprehensive update to the City of Norco General Plan.

Staff Report - Pdf

7. 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

7.A. Urgency Ordinance to regulate Accessory Dwelling Units (ADUs) of Norco Municipal Code Chapter 18.30, Section 18.30.46 "Accessory Dwelling Units and Junior Accessory Dwelling Units", in accordance with new State law standards.

RECOMMENDATION:

Adopt Urgency Ordinance No. 1091, approving the revision of the Norco Municipal Code Section 18.30.46 "Accessory Dwelling Units and Junior Accessory Dwelling Units".

Staff Report - Pdf

8. CITY COUNCIL / STAFF COMMUNICATIONS

9. 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: December 7, 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: December 7, 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 16, 2022.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Draft - City Council - Nov 16 2022 - Minutes (1)

DRAFT - MINUTES
City Council
Wednesday, November 16, 2022
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Ted Hoffman, Council Member

CLOSED SESSIONS
§54956.9 (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

RECONVENED PUBLIC SESSION
Council Member Aleman absent for Public Session due to illness.

City Council Minutes - November 16, 2022

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions on the closed session items discussed. He stated remainder of items would be discussed at the end of the meeting.

PLEDGE OF ALLEGIANCE Mayor Greg Newton

INVOCATION
Community Member Ken Linden led the Invocation.

PRESENTATIONS
Community Spirit Award
Council Member Bash presented the Community Spirit Award to Ken Linden for his outstanding commitment and service to the City of Norco.

Proclamations
Mayor Newton and the City Council presented a Proclamation to members of the community recognizing November as National Veterans and Military Families Month.

Council Member Hoffman called upon the Norco Rotary Club President who presented donations to the City of Norco for the Veterans Memorial and Senior Center programming.

Mayor Newton and the City Council presented a Proclamation to members of the community recognizing November as National Native American Heritage Month.

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.

2. CONSENT CALENDAR
a) Approval of Consent Calendar
M/S BASH/NEWTON Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, BASH, AND HOFFMAN

City Council Minutes - November 16, 2022
NOES: NONE
ABSENT: ALEMAN
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 November 2, 2022.

2.C. Acceptance and Award of Contract for Landscape Maintenance Services in the Landscape Maintenance Districts
Action: Accepted and Awarded 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.

2.D. Amendment to Communications Site Lease Agreement with SBA 2012 TC Assets, LLC, for Cell Tower located at Wayne Makin Sports Complex Action: Approved Amendment to Lease Agreement with SBA 2012 TC Assets, LLC; and adopted Resolution No. 2022-80 for the continued ground lease of Cell Tower Site CA45812-A/River with rent escalations.

2.E. Acceptance of bids and Award of Contract for Landscape Maintenance Services for Parks and Public Facilities
Action: Accepted bids and Awarded 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.

2.F. Acceptance of the Second Street Widening (Hamner Avenue to I-15) Southbound On-Ramp Project

City Council Minutes - November 16, 2022
Action: Accepted the Second Street Widening (Hamner Avenue to I-15) Southbound On-Ramp Project as completed and authorized the City Clerk to file the Notice of Completion with the County of Riverside.

2.G. Fiscal Year 2021-2022 Year-End Budget to Actual Report Action: Received and filed Fiscal Year 2021-2022 Year-End Budget to Actual Report

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

4. PUBLIC COMMENTS

Geoff Kahan congratulated Mayor Newton and Council Member Bash on their reelection. He commended Parks and Recreation and Facilities and Maintenance staff for their hard work on the City events. He stated that the senior lunch was a great turnout and ran well because of great staff.

Bonnie Slager thanked Council and Staff for supporting Norco Horsemen's Association and reminded the community to wear lights at night when riding.

5. LEGISLATIVE MATTERS

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
M/S BASH/GRUNDMEYER 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”;

City Council Minutes - November 16, 2022
and 15.14 “Energy Code”. Code Amendment 2022-06 The Motion was carried by the following roll call vote:

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

6. PUBLIC HEARING(S)

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 Community Services Director Anglin presented introduction to Ordinance 1090 to amend Norco Municipal Code Title 8 "Animals", to add Chapter 8.09 "Working Animal Protection Act".

Superintendent Sparks presented PowerPoint regarding the Working Animal Protection Act and adding it to the Municipal Code.

Following discussion with Council and Staff, Mayor Newton opened the Public Hearing.

Bill Naylor spoke in favor of the Ordinance and asked for minor changes to Section 8.09.030 B regarding working animals with injuries and asked that show judges and show management can check animals rather than vet and asked to also adding the term headstall to Section 8.09.040 in the Ordinance.

Mayor Newton closed the Public Hearing.

Council Member Bash asked that headstall to be added with bridle in Section

8.09.040 for clarification.

Council Member Hoffman agreed that headstall be added to Section 8.09.040 and that 8.09.030 regarding the Vet should be left as is.

Mayor Pro Tem Grundmeyer stated she agrees with the Ordinance as written and thanked staff for all the hard work to codify these Ordinances and protecting our lifestyle.

Mayor Newton is happy with the way it is written but would support adding Headstall to Section 8.09.040.

City Council Minutes - November 16, 2022

Following discussion motion was made.

M/S HOFFMAN/BASH Adopt Ordinance No. 1090, First Reading, amending Norco Municipal Code Title 8 "Animals" to add Chapter 8.09 "Working Animal Protection Act" with addition of "Headstall" to Section 8.09.040, and schedule the Second Reading on December 7, 2022. Code Amendment 2022-04. The Motion was carried by the following roll call vote:

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

7. CITY COUNCIL / STAFF COMMUNICATIONS
City Clerk Roa gave an election update.

Council Member Hoffman thanked Mayor Pro Tem Grundmeyer for inviting students to be at the Council meetings. He thanked the City Staff at the Clark Arena for all the hard work and praised Cesar for doing a great job in cleaning the lights at the park.

Mayor Newton adjourned to Closed Session at 8:12 p.m.

8. ADJOURNMENT
Mayor Newton reconvened the meeting at 9:40 p.m.

City Attorney Burns stated that there were no reportable actions taken in the remainder of Closed Sessions.

Mayor Newton adjourned the meeting at 9:40 p.m.

_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: December 7, 2022 Agenda Item:

2.C.

To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:

Approval of Two Companies to Provide Emergency On-Call Homeless Encampment Cleanup Services
RECOMMENDATION:

Approve contracts for two companies to provide emergency on-call homeless encampment cleanup services for Fiscal Years 2022-2023 to 2027-2028.

SUMMARY:

Staff has reviewed and rated several companies capable of providing on-call homeless encampment cleanup services beyond the resources of City staff. Staff is recommending that the City Council approve two pre-approved companies to provide emergency homeless encampment cleanup services on an on-call basis over the next five years.

BACKGROUND:

The City of Norco is part of the sub-regional Santa Ana River (SAR) Bottom Homeless Encampment Response Collaborative which includes the Office of Supervisor Spiegel and County Agencies such as County Parks, County Housing & Workforce Solutions and Riverside University Health System - Behavioral Health as well as the western cities of Riverside, Jurupa Valley, Corona, Norco, and Eastvale, and nonprofit partners such as City Net and the Path of Life, and other agencies and partners. One of the largest concentrations of homeless encampments in Riverside County can be found along the Santa Ana River bottom and thus is one of the highest priorities for encampment response and mitigation.

The scope of work for homeless encampment cleanup services includes property removal/relocation services, biohazard and other waste and debris associated with homeless occupancy. Sites may include under structures (i.e. bridges), vegetated ground cover, public right-of-way, open fields, parklands or abandoned structures on city property and in the SAR.

In Norco, the Santa Ana River Bottom encampments offer unique challenges. The urgency to mitigate fire hazards which present significant and immediate safety risks; and to protect wildlife and maintain the integrity of equestrian trails within River Trails Park promptly is a priority for the health and wellness of the community. Having homeless encampment cleanup services available when issues or emergencies in the field arise, time is of the essence to launch the coordinated response effort which addresses homelessness, restores habitat and prevents future encampments.

On September 29, 2022, the City published a Request for Proposals for Homeless Encampment Cleanup Services (Exhibit A). On November 1, 2022, proposals were opened and staff evaluated five proposals based on criteria set forth in the RFP:

1. Staff and subcontractor qualifications

2. Proposed equipment and labor costs

3. Experience and capability of contractor

4. Professional references

5. Approach and methodology
A total of five (5) proposal packages with qualifications were received. Staff reviewed and rated the proposals received from the contractors and then developed a list of two (2) contractors that would be best suited to provide on-call homeless encampment cleanup services. The list of contractors who submitted an RFP is attached for Council’s review (Exhibit B).

EcoBear and Clean Harbors provided the highest-ranking scored proposals out of the five proposals received. EcoBear was also the only contractor whose hourly rate was inclusive of all labor and material for abatement services. Both contractors can abate standard and biohazard materials.

The City's Community Services Department has previously contracted with EcoBear for homeless encampment cleanup services, and the experience with this vendor has been a positive one. EcoBear has successfully demonstrated their ability to collaborate with City Net and Riverside County Sheriff, as well as provide efficient and effective processes as it pertains to each homeless encampment cleanup project. Both EcoBear and Clean Harbors have the necessary licenses and qualifications to complete homeless encampment cleanup services for the City of Norco.

Staff recommends the City Council approve contracts for the two companies for one year from execution date, with the option to extend for four (4) additional single-year terms not to exceed five (5) years based upon acceptable performance.

FISCAL IMPACT:

The proposed Homeless Encampment Cleanup Service Agreement is funded from American Rescue Plan Act (ARPA) Fund 155.724.41256 and Housing Fund 018.5010.41256. Funding for the proposed Homeless Encampment Cleanup Services is included in the Fiscal Year 2022-2023 Operating Budget. Funding for future years will be included in respective operating budgets.

RELATIONSHIP TO STRATEGIC PLAN:

Strategic Plan Direction No. 1 - Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

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):

Exhibit A
Exhibit B
Eco Bear Contract
Clean Harbors Contract

REQUEST FOR PROPOSALS:

HOMELESS ENCAMPMENT

CLEANUP SERVICES
BID OPENING DATE: OCTOBER 28, 2022
Approved By:
_______________________________
Michelle Anglin
Director of Community Services
The City of Norco request for bids and proposals, bid results, and notices of an award are obtained through the City of Norco Vendor Portal at
www.norco.ca.us/bid

EXHIBIT A

Request for Proposals
Table of Contents
Section

1. Introduction/Purpose

2. Schedule of Events

3. Background

4. Prerequisites

5. Scope of Services

6. General Terms and Conditions

7. Inquiries

8. Completion of Proposal

9. Delivery/Submission of Proposals

10. Alternative Proposals

11. Proposal Format and Content

12. Examination of RFP and Sites of Work

13. Addenda

14. Withdrawal of Proposal

15. Public Records

16. Evaluation of Proposals

17. Rejection of Proposals

18. Protest Procedures

19. Contract Term

20. Contract Documents

21. Execution of Agreement

22. Failure to Execute Agreement

23. Cancellation
Exhibit A – Scope of Services
Exhibit B – Sample Service Agreement
Exhibit C – Abatement Procedure
Exhibit D – Disclosure Questionnaire
Exhibit E – Contractor’s Qualifications Statement/Questionnaire Exhibit F – Category Selection and Cost Summary

1. Introduction/Purpose
The City of Norco (“City”) is seeking qualified panel of entities or individuals (“Companies”) to provide on-call homeless encampment clean-up services throughout the City of Norco. The City anticipates selecting up to five (5) Companies to perform the services on an as-needed basis in three separate categories, Standard Homeless Encampment Clean-up, Emergency Homeless Encampment Clean-Up, Hazardous Encampment Clean-up. A Company may propose for any single category or multiple categories, but the City retains the right to award one or multiple categories to a given Proposer as fits the best interest of the City.

Proposals are requested from Companies that have a demonstrated ability to perform the tasks identified in this Request for Proposal (“RFP”).

2. Schedule of Events
It is the goal of the City to select and retain a panel of Companies by December of 2022. In preparation for that action, the following tentative schedule of events has been prepared:

Event Date Time
Request for Proposals Released 09/29/2022 N/A
Final Questions Due 10/19/2022 Before 02:00PM PT
Responses to Questions Released 10/24/2022 N/A
Proposals Due 10/28/2022 Before 02:00PM PT
Interviews, If Needed Week of 11/07/2022 To be determined Notification of Tentative Selection 11/14/2022 N/A
Tentative City Council Meeting to
Consider Awarding Contract
December 2022 To be determined
The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to request or obtain additional information about any and all submittals before making an award.

The City also reserves the right to seek clarification from any Proposer about any statement in its proposal that the City finds ambiguous.

3. Background
The City of Norco wishes to include homeless clean-up services as part of the Homeless Engagement Team. The City’s goal is to provide balance between maintaining the City’s quality of life for businesses and residents and access to the resources that individuals experiencing homeless need.

The Cleanup Team will be part of a holistic approach to homeless services.

The Contractors shall provide all equipment, supplies, insurance, training and personnel for the services as described in Exhibit A – Scope of Services. Norco has 14.08 square miles with a population of 27,021 and is the County seat of Riverside County. The selected contractors will work alongside a multi-departmental team (Riverside County Sheriff; Community Services Department; Facilities and Maintenance Department; Cal Fire; Code Enforcement Division; City Net and Homeless Solutions Manager).

4. Prerequisites
Proposals will only be considered from Companies that meet the following prerequisites:

 Have at least (3) three years’ of experience, within the past five years under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services (“Services”) (Exhibit A).
 Have not filed for bankruptcy under any business name over the past five (5) years.  Have registered as a “Prospective Bidder” on the City’s electronic Current Prospective Bidders List. Companies can register at:

PlanetBids Vendor Portal
 Once registered, Companies must download this RFP by clicking “Place eBid” under their name in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this RFP will not appear on the Bidder’s List and will be unable to participate or be considered for this RFP.
 If applicable, Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted.  If applicable, Company shall have registered with the Department of Industrial Relations and any other required organizations.

5. Scope of Services
The City of Norco is soliciting proposals to engage qualified contractors to provide homeless encampment site clean-up within City limits within or near waterways, parks, and public spaces to protect the environmental and safe use of public areas. The selected Companies shall provide the services required in Exhibit A, Scope of Services, attached hereto and incorporated herein.

6. General Terms and Conditions
The successful companies will be required to execute a Service Agreement (“Agreement”). A sample is attached as Exhibit B. The successful companies must meet all insurance requirements in the Agreement. A Norco business license must be maintained throughout the term of the contract. Failure to execute the Agreement and furnish the required insurance within the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute the Agreement, the City may award the Agreement to the next most qualified Company.

7. Inquiries
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices or exhibits, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All requests for clarifications, changes, exceptions, deviations to the terms and conditions set forth in this RFP must be submitted via “Q&A” through the City’s Electronic Bidding System, PlanetBids Vendor Portal.

The final day for receipt of questions from the Proposer is shown on the Schedule of Events in Section 2. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP.

8. Completion of Proposal
Proposals shall be completed in all respects as required by this RFP. A proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such defect or irregularity can materially affect the quality of the proposal.

Proposals which contain false or misleading statements may be rejected. If, in the opinion of the City’s Selection Committee, such information was intended to mislead the City in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, the proposal will be rejected. Statements made by a Company shall also be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.

Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection.

The Company, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.

Costs for developing Proposals are entirely the responsibility of the Company and shall not be chargeable to the City. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the Company responding to this RFP. The Company responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the Company.

9. Delivery/Submission of Proposals
Proposal Due Date/Time: As stated in Section 2. Schedule of Events All prospective Companies submitting a proposal must appear on the City’s electronic Current Prospective Bidders List as a “Prospective Bidder.” Companies shall register on the City’s Electronic Bidding System, PlanetBids Vendor Portal. Once registered, Companies must download the RFP by clicking “Place eBid” while logged in under their own name and identification number to appear on the Current Prospective Bidders List as a “Prospective Bidder.” Companies that fail to download the RFP by clicking “Place eBid” will not appear on the Current Prospective Bidders List and their proposals will be considered non-responsive. If a Company is unable to register or download the RFP from the bidding website, a representative may contact Planet Bids at (818) 992-1771.

All proposal documents and supplementary documents must be uploaded using the City’s bidding website prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.

The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.

Acceptance of Terms and Conditions - Submission of a proposal pursuant to this RFP shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this RFP.

The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this RFP. Proposals not received before the bid event time will not be accepted.

10. Alternative Proposals
Only one proposal is to be submitted by each Company for this RFP. Multiple simultaneous proposals will result in rejection of all Proposals submitted by Company. A Company may, prior to the proposal due date and time, withdraw a proposal and submit a new proposal, so long as the new proposal is submitted before the proposal due date and time.

11. Proposal Format and Content
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content.

Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation:
 Cover Letter
 Statement of Understanding and Approach
 Company Information
 Company Personnel
 Experience and References
 Evidence of Insurance
 Pricing
 Disclosures
a. Cover Letter
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process.

b. Statement of Understanding and Approach
This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section. c. Company Information
This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.

The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.
d. Company Personnel
This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services.

Members of the Company’s professional team (managers, contact person, etc.) should be identified by name and title and should include contact phone numbers. Include also major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor.
e. Experience and References
Company shall provide at least three (3) references, within the past five (5) years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include names, addresses, and telephone numbers of the clients for whom prior work was performed and include an explanation of the services provided.

The Proposal must demonstrate that the Company, or its key personnel, has at least three (3) years’ of experience, within the past five (5) years with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services (Exhibit A). A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

The Company must include a response to the Contractor’s Qualifications Statement / Questionnaire items in their written proposal as listed in Exhibit E. f. Evidence of Insurance
In addition, the Company shall provide evidence of possession of insurance in the coverage and amounts listed in the Sample Master Agreement (Exhibit B).

g. Pricing
All proposals submitted shall be based on a time and material basis. All proposals shall include a breakdown of the costs. Companies shall be required to pay prevailing wage and submitted labor rates shall reflect that or a proposal will be deemed non-responsive.

1. Hourly Labor Rate
a. Hourly Labor Rates shall be inclusive of all costs required to include all salaries, overhead costs, general and administrative costs and profit.

Overhead costs shall include all hand tools, power tools, consumables, and related items that may be required to perform each clean-up.

2. Supplemental Equipment
a. In the event that additional machinery or equipment is required for a cleanup, then the contractor shall receive pre-approval from the City describing the supplemental equipment required and the cost. Proposal shall include the Contractor’s markup for reimbursement for use of any pre-approved supplemental equipment (Contractor’s actual cost of obtaining/using the equipment plus any markup).
h. Disclosures
All proposals must include a response to the Disclosure Questionnaire utilizing the form in Exhibit D. Please disclose any and all past or current business and personal relationships with any current Norco elected official, appointed official, City employee, or family member of any current Norco elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer.

12. Examination of RFP and Sites of Work
The Company shall carefully examine the RFP and all sites, if applicable, of the work contemplated. The submission of a Proposal shall be conclusive evidence that the Company has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Proposal, RFP, and other Contract Documents.

By submitting a Proposal, the Company hereby certifies that it has: examined the local conditions, read each and every clause of this RFP, included all costs necessary to complete the specified work in its proposed prices, and agrees that if it is awarded the Contract it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any provision of the Contract. Should the conditions turn out otherwise than anticipated by it, the Company agrees to assume all risks incident thereto.

13. Addenda
Unless otherwise specified, any addenda issued during the time of bidding must be acknowledged electronically via the City’s Bidding Website, which will be made part of the proposal. Addenda notifications will be provided to those listed on the Electronic Prospective Bidder’s List via email.

14. Withdrawal of Proposal
All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted herein. Submitted Proposals may be withdrawn at any time prior to the submission deadline. Page 24 of 205

15. Public Records
All Proposals submitted in response to this RFP become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, and as such may be subject to public review at least 10 days before selection.

The Company must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, price proposal to a public agency is not a trade secret.

The City reserves the right to make use of any information or idea contained in the Proposal. All materials, ideas and formats submitted in response to this RFP will become the property of the City on receipt.

16. Evaluation of Proposals
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all proposals that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.

Consultants will be evaluated on the basis of the following criteria:
a.Qualifications (35%)
b. Pricing (25%)
c. Experience (Projects of similar size and scope) (20%) d. Professional References (10%)
e.Approach and Methodology (10%)
If needed, interviews will be scheduled as stated in Section 2. Schedule of Events.

In the event interviews are required, the City may interview the top ranking companies of each category.

If needed, Interview will be conducted virtually via FreeConferenceCall for clarification on the Company’s proposal submission. The Company shall not exceed three (3) representatives for the interview. Clarification questions will be provided to the Company prior to the interview, and the interview information will be evaluated in conjunction with the Company’s proposal submission.

The selected Company shall then enter into exclusive negotiations with the City to formalize the Scope of Service and Compensation via a Master Agreement. If the City is unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the City will end negotiations with that Company and begin negotiations with the next Company which best meets the needs of the City, and so on until a City and the Company reach agreement.

The City intends to select the Company that offers the best value to the City based on the criteria outlined above.

17. Rejection of Proposals
The City may reject any/or all Proposals and may waive any immaterial deviation in a Proposal.

The City’s waiver of an immaterial defect shall in no way modify this RFP or excuse the Company from full compliance with this RFP and/or the Contract Documents if awarded the Contract.

Proposals that include terms and conditions other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigations as deemed necessary to determine the ability of the Company to perform the work, and the Company shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is properly qualified to carry out the obligations of the Agreement and to complete the work described herein.

18. Protest Procedures
Any bid protest must be submitted in writing to the Community Services Director before 5:00 p.m. no later than the fifth business day following bid opening.

19. Contract Term
The initial term of the Master Agreement shall be for one year from execution date, with the option to extend for four (4) additional single-year terms not to exceed five (5) years based upon acceptable performance by the Company, acceptable fees and subject to the same terms and conditions of the Agreement.

Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, City and Company may negotiate any and all price modifications.

20. Contract Documents
In submitting a Proposal, the Company agrees to enter into a Master Agreement with the City without exceptions to the City’s standard agreement. The City’s standard agreement is nonnegotiable, and a copy of the standard agreement is attached hereto as Exhibit “B”. Any change to the standard agreement will deem the Proposal non-responsive. In the event of a conflict exists between documents the following order of precedence shall apply:
 Service Agreement
 City of Norco’s Request For Proposals
 Company’s Response to the Request For Proposals

21. Execution of Agreement
After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the City mails, or by other means delivers said documents to the Company:
 One (1) original of the Agreement in the form included herein, properly executed by the Company.
 Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.
 Confirmation of current City of Norco business license.

In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City is closed, the Contract Documents shall be delivered by the following working day.

No Agreement shall be binding upon the City until all documents are fully executed by the Company and the City.

22. Failure to Execute the Agreement
Failure to execute the Agreement and furnish the required insurance and business tax certificate, within the required time period shall be just cause for the rescission of the award. If bonds are also required, failure to furnish sufficient bonds shall cause rescission of the award. If the successful Company refuses or fails to execute the Agreement, the City may award the Agreement to the next qualified Company.

23. Cancellation
The City retains the right to cancel this RFP at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals.

EXHIBIT A

SCOPE OF SERVICES
The Contractor will provide all labor and expertise for conducting survey, documentation, clean up, removal and disposal services involving City homeless encampment projects on City property.

General Specifications/Project Description

1. Overview: As directed by the City, provide clean up services as follows:
a. Cleaning homeless encampment sites where one or more homeless persons have established a campsite. All property removal/relocation services will be performed in a manner consistant with abatement procedures (Exhibit C), in compliance with all applicable laws, and generally within 72 hours of notice from the City. b. Cleaning other sites where homeless or other persons have left behind biohazards or other waste with no encampment.
c. Sites are considered to contain a variety of material that may contain hazardous materials, including biohazardous materials, garbage, general debris, human waste, constructed temporary shelter, and other items associated with homeless occupancy.

2. Site Conditions: Sites will be identified individually. The City will make an effort, when possible, to cluster sites. Sites may include under structures (i.e. bridges), vegetated ground cover, in the public right-of-way, open fields, parklands, or abandoned structures on city property and in the Santa Ana River (SAR).

3. Biohazard Handling: The Contractor’s site supervisor and workers must be trained and certified in handling and disposal of hazardous materials. (HAZ – Hazardous Substance Removal Certification, Business and Professions Code: Division 3, Ch. 9. Contractors, Article 4. Classifications – 7058.7). Provide copies of any applicable training records, certifications, and licenses required to perform the work.

4. Structure Demolition: Some work may require removal of wood frame or other building structures. It is assumed such structures will be of relatively simple construction using “cast off” materials. The contractor will consult with the City’s contract manager if more complex building types are involved, or if potential health threats such as asbestos may be present.

5. Occupants: All sites will be cleared.

6. Payment: Work shall be performed under a force account (time and material) contract. The contractor will provide documentation of employee hours, subcontract costs, equipment and material costs and disposal costs to the City.

7. Prevailing Wages: Prevailing wages are required on this project. The contractor will register with Department of Industrial Relations.

Contractor Duties and Responsibilities:

1. Cleanup duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, and removal of human waste using State approved handling and removal procedures for all material. Disposal shall be at a site permitted to accept such materials and approved by the City.

2. Supply all labor, materials, tools, protective clothing and gear, and equipment that is required or needed to perform the work to handle, remove, transport and dispose of the waste materials and leave a clean site.

3. Contractor will assign a Project Manager to provide all supervision and management of its crews and ensure all necessary safety procedures are followed.

4. Contractor shall identify and document camp location of cleanup. Take pictures of camp and homeless campers with 72-hour notice.

5. Contractor to document and identify all property and classification of personal property to be stored at a City facility no longer than 90 days. Transport identified property for storage to a site designated by City as directed by City Staff. Provide an electronic copy of photographs of property as well as inventory log.

6. Photograph the encampment site before and after cleaning and provide an electronic copy of each photograph to the City.

7. Provide the City with a clean-up report for each site, including total weight of debris removed.

8. Follow best practices work procedures to safety manage any hazardous materials found on the site, including urine, feces, solid personal hygiene items, syringes and other materials which could pose a health threat.

9. Trim shrubs and vegetation as required by the City as a deterrent measure for future encampments.

10. Immediately notify the site lead or Riverside Sheriff personnel on site if a weapon is found.

11. Perform work in a timely and efficient manner and in a courteous and business-like manner at all times.

12. Properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

City Responsibilities:

1. Coordinate with Contractor on a site-by-site basis to determine the work order for each encampment clean-up. The work order will establish the site start date, estimated timeframe of the work, staging areas, traffic control, if required, and the name of the onsite lead.

2. Post “notice to vacate” signs at the work site prior to the commencement of each removal project, 72 hours in advance of the clean-up.

3. Post notice at each cleanup indicating contact information for reclaiming personal property.

4. Coordinate all necessary permits as required, such as Cal Trans or Fish and Game permits.

Safety and Training:

Safety and appropriate training/licensing are critical requirements for the selected contractor. At no time is the Contractor expected to interact with the homeless residents or put their employees at risk.

1. Contractor shall comply with all safety rules, protocols, and licensing requirements mandated by the State of California.

2. Work may be performed in inclement weather. Jobsites can be in heavy foliage, steep embankments, by SAR and other areas requiring alertness to the environment and pre planning to prevent injury or illness. Contractor shall perform a hazard assessment and provide all training and supplies necessary.

3. Contractor shall be OSHA certified to operate any heavy equipment required to complete the encampment clean-up work, including trash compactors, bulldozers, graders or other ground moving equipment.

4. Contractor shall conform to all applicable occupational safety and health standards, rules, regulation and orders established by the State of California. The Contractor shall provide all safety equipment, materials and will supply training as agreed. The Contractor shall provide employees with appropriate safety apparel.

5. Contractor shall be trained in OSHA’s Bloodborne Pathogen Standard 1910.1030. This training must be supplemented with precautions regarding West Nile Virus, Hanta virus, and Histoplasmosis. Employees must have work procedures to be able to safely manage urine, feces, solid personal hygiene items, syringes, and other materials that could pose a health threat. Wearing Personal Protective Equipment and following other protocols established for this situation must be followed.

6. Contractor shall provider copies of any training records and licenses required by the City upon request.

Pricing:

Include all contractor costs, including labor, fleet fuel, etc. Costs not included in the proposal will be at the contractor’s expense for the following categories.

1. Site Clean Up Mobilization: Single mobilization for each site, with only one payment per site regardless of how many days a single clean up may require, to include all preside work set up times, site travel times, planning and other tasks to get the site ready to perform cleanup.

2. Site Cleanup Labor and Equipment: Includes prevailing wage labor and equipment necessary to perform all site clean-up operations.

3. Biohazard Technician: Includes prevailing wage labor, containment of biohazardous waste, transient debris or any litter that poses health and safety risk, removal of contaminated contents, personal protective equipment, consumable supplies, administrative fees and photo documentation.

4. Biohazardous Material Disposal: Containment, transportation, and disposal of biohazard material per 40-gallon containment unit.

5. Non-Biohazardous Material Disposal. The City of Norco has an exclusive franchise agreement with Waste Management for trash disposal.

EXHIBIT B

SERVICES AGREEMENT
[**Enter CONTRACTOR’S Name**]
[**Enter in Description of
Services**]
On this day of , 20 , the CITY OF NORCO, a California
charter city and municipal corporation (“City”), and [**Enter in CONTRACTOR’S NAME**], a [**Enter in entity, for example: a California corporation, a limited partnership, a limited liability company, etc.**] (“Contractor”), mutually agree as follows:

1. Scope of Services. Contractor shall furnish all labor, materials and equipment for and perform the work of [**Enter in Name of Project**] (“Services”).

Contractor shall perform the Services in accordance with the provisions and requirements of the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference.

2. Term. This Agreement shall be in effect for [**Enter in: effective date and termination date, for example: for the fiscal year beginning July 1, 2017 through June 30, 2018**], unless otherwise terminated pursuant to the provisions herein. [**Optional: The term may be extended for an additional one-year period, upon mutual written agreement of the parties.**]

3. Compensation. City shall pay Contractor for the performance of the Services during the initial term of this Agreement a Contract Price not to exceed [**Enter in written dollar amount, for example: Forty-Two Thousand Five Hundred Dollars**] [**Enter in numeric dollar amount: for example: ($42,500)**], unless an increase is agreed to by the parties. City shall pay Contractor for Services performed to City’s satisfaction on a monthly basis in accordance with the provisions of the Compensation Schedule attached hereto as Exhibit “B” and incorporated herein by this reference. If the term of the Agreement is extended, Contractor’s compensation for the extended term shall be mutually agreed upon in writing by the parties.

4. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations.

5. Business Tax Certificate. As a condition of this Agreement, Contractor shall secure a business tax certificate to operate in the City of Norco pursuant to Chapter

5.04 of the Norco Municipal Code, and shall also secure any other licenses or permits which may be required.

6. Business Tax and Penalties. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed, or which becomes owed, by Contractor to City, City reserves the right to withhold and offset said amounts from any payments, refunds or reimbursements owed by City to Contractor under the Agreement. Notice of such withholding and offset shall promptly be given to Contractor by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.

7. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. The key personnel are listed in Exhibit “C,” attached hereto and incorporated herein by reference.

Contractor shall furnish qualified personnel to perform the Services.

8. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor acknowledges that any assignment may, at the City’s sole discretion, require City Manager and/or City Council approval. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 11. The Contractor acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.

9. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Norco. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Contractor, or to Contractor’s employees, subcontractors and agents.

Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer.

10. Indemnification. Contractor shall indemnify and hold harmless the City, and the City’s employees, officers, managers, agents and council members from any liability, claim, damage or action whatsoever, arising out of the sole negligence or willful misconduct of Contractor, its officers, employees, subcontractors, agents or including but not limited to property damage, bodily injury, or death. Contractor shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlement or awards, the City and the City’s employees, officers, managers, agents and council members in any such action or claim. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlementPage 32 of 205 or compromise in no manner whatsoever limits or circumscribes Contractor’s indemnification of City. Contractor’s obligations hereunder shall be satisfied when Contractor has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved.

The specified insurance limits required in this Agreement shall in no way limit or circumscribe Contractor’s obligations to indemnify and hold harmless the City.

11. Insurance.

11.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.

11.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligations under Section 10 hereof.

11.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A or higher and a Financial Class of VII or higher.

11.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days’ prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.

11.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor’s sole expense.

11.2 Workers’ Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for selfinsurance required by California law to protect said Contractor from claims under the Workers’ Compensation Act. Prior to City’s execution of this Agreement, Contractor shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days’ prior written notice before modification or cancellation thereof.

11.3 Commercial General Liability and Automobile Insurance.

Prior to City’s execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor’s insurance policies.

11.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

11.3.2 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with verified endorsements on the CGL policy with respect to liability arising out of the work or operations performed by or on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Blanket policies may apply and be accepted.

11.3.3 Contractor’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor’s employee vehicles, non-Contractor owned vehicles and hired vehicles.

11.3.4 For any claims related to this contract, the contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the contractor’s insurance and shall not contribute with it.

11.3.5 Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the entity has received a waiver of subrogation endorsement from the insurer.

11.3.6 Contractor’s Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of Page 34 of 205 one year.

11.3.7 City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

11.3.8 Prior to City’s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Norco, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Norco.

11.3.9 The insurance policy or policies shall also comply with the following provisions:
a. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
b. The policy shall specify that the insurance provided by contractor will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG
20010413 shall be provided to the City.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity

12. Termination. City shall have the right to terminate any or all of Contractor’s Services and work covered by this Agreement at any time upon thirty (30) calendar days’ written notice to Contractor. In the event of such termination, Contractor shall submit Contractor’s final written statement of the amount of services provided as of the date of such termination for payment by the City.

Notwithstanding the foregoing, the City may terminate Contractor’s performance of this Agreement upon five (5) calendar days’ written notice if:
(1) Contractor fails to promptly begin performance of the Services; (2) Contractor fails to perform the Services;
(3) Contractor discontinues performance of the Services;

(4) Contractor fails to make payment to employees in accordance with applicable law;
(5) Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;
(6) Contractor otherwise is guilty of breach of a provision of this Agreement;
(7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations.
(8) A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to this Agreement. Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.

13. Non-Discrimination. During Contractor’s performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

14. City’s Right to Employ Other Consultants/Contractors. City reserves the right to employ other Contractors in connection with the Services. If the City is required to employ another contractor to complete Contractor’s work, due to the failure of the Contractor to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Contractor.

15. Conflict of Interest. Contractor, for itself and on behalf of the individuals listed in Exhibit “C”, represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the above-described Services.

Contractor further warrants that neither Contractor, nor the individuals listed in Exhibit “C” have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.

16. Solicitation. Contractor warrants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, Page 36 of 205 in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.

17. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations. The Director’s determination of prevailing wage rates is available on-line at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR.

18. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

To City To Contractor
Community Services Department [**Name of Contractor**]
City of Norco Attn: [**Name of
Representative**]
Attn: Michelle Anglin [**Address**]
2870 Clark Avenue
Norco, CA 92860
[**City, State, ZIP**]

19. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of California, County of Riverside and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

20. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing.

21. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.

22. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and City.

23. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the Page 37 of 205 legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.

24. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.

25. Digital Signatures. This Agreement may be signed by the Parties hereto in digital format in compliance with Government Code 16.5 and Code of Regulations Cal.

Code Regs. Title 2 § 22000, et seq., and parties agree that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility [SIGNATURES ON FOLLOWING PAGE.]

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF NORCO, a California charter city
and municipal corporation
[**CONTRACTOR’S NAME**]
By:

City Manager
By:
[Printed Name]
Attest:

City Clerk [Title]
APPROVED AS TO FORM:

Harper & Burns, LLP, City Attorney

EXHIBIT C

ABATEMENT PROCEDURE

EXHIBIT D

DISCLOSURE QUESTIONNAIRE
The Consultant shall complete the following questionnaire:

1. Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has proprietary interest in the Consultant, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.

2. Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has proprietary interest in the Consultant, ever had any administrative proceedings, claims, lawsuits, or other exposures pending against the Consultant? Yes No
If the answer is yes, explain the circumstances in the following space.

EXHIBIT E
CONTRACTOR’S QUALIFICATIONS STATEMENT / QUESTIONNAIRE
Contractor Name:

CA License #:

License Type:

Department of Industrial Relations (DIR) #:

SAM.GOV #:

Qualification Statement Company Response

1. Does the Company have any past, present,
or pending litigation or lawsuits in connection
with contracts for services involving the
Company or any principal officer of the
Company? (If yes, please explain)

2. Has Company filed for a bankruptcy under
any business name in the past five (5) years?
(If yes, please explain)

3. Will the Company be using Subcontractors
to perform any services as listed in Exhibit
A? (List all Subcontractors)
Provide three (3) references for every category applying for. References can cover more than one category to fill requirement. Add additional pages as needed.

Reference #1
Name of Institution:

Address:

Services Provided:

Contact Name:

Contact Email:

Contact Phone:

Reference #2
Name of Institution:

Address:

Services Provided:

Contact Name:

Contact Email:

Contact Phone:

Reference #3
Name of Institution:

Address:

Services Provided:

Contact Name:

Contact Email:

Contact Phone:

EXHIBIT F

CATEGORY SELECTION AND COST SUMMARY
NO. CATEGORY DEPLOYMENT YES/NO
1 STANDARD CLEAN-UP NONEMERGENCY
2 STANDARD CLEAN-UP EMERGENCY
3 HAZARDOUS CLEAN-UP NONEMERGENCY
4 HAZARDOUS CLEAN-UP EMERGENCY

DESCRIPTION UNIT OF

MEASURE RATE

SITE CLEAN-UP MOBILIZATION EACH

PREVAILING WAGE LABOR RATE - STANDARD HOURLY

PREVAILING WAGE LABOR RATE - OVERTIME HOURLY

BIOHAZARD TECHNICIAN - STANDARD HOURLY

BIOHAZARD TECHNICIAN - OVERTIME HOURLY

EQUIPMENT HOURLY

EQUIPMENT DAILY

BIOHAZARDOUS MATERIAL DISPOSAL EACH

NON-BIOHAZARDOUS MATERIAL DISPOSAL EACH

HOMELESS ENCAMPMENT CLEANUP BID RESULTS

NO CATEGORY DEPLOYMENT
CLEAN

HARBOR ECO BEAR
HUNTER

CONSULTING

LANDSCAPE
MAINT. OF

AMERICA
UNITED

PUMPING

SERVICE
1 STANDARD CLEAN-UP NON-EMERGENCY YES YES YES YES YES
2 STANDARD CLEAN-UP EMERGENCY YES YES YES YES YES
3 HAZARDOUS CLEAN-UP NON-EMERGENCY YES YES YES YES YES
4 HAZARDOUS CLEAN-UP EMERGENCY YES YES YES YES YES

UNIT OF MEASURE
EACH 689.75 $ NO CHARGE 550.00 $ $300.00 550.00 $
HOURLY 112.53 $
$133.00 Per
Man Hour 135.00 $ 120.00 $ 150.85 $
HOURLY 151.00 $
$133.00 Per
Man Hour 170.00 $ 166.00 $ 221.28 $
HOURLY 112.53 $
$133.00 Per
Man Hour 135.00 $ 108.00 $ 81.00 $
HOURLY 151.00 $
$133.00 Per
Man Hour 170.00 $ 133.00 $ 121.50 $
HOURLY 50.40 $
No Additional
Equipment
Charge 150.00 $ 40.00 $ 59.00 $
DAILY 403.20 $
No Additional
Equipment
Charge 1,200.00 $ 480.00 $ 450.00 $
EACH
$573.30
30DF
No Additional
Equipment
Charge
$125.00
per drum $ 223.00
$250.00
40 Gallon
Drum
EACH
$57.30
TON
No Additional
Equipment
Charge
$135.00
2 ton min $ 911.00
Pass Through
Cost

DESCRIPTION

SITE CLEAN -UP MOBILIZATION

PREVAILING WAGE LABOR RATE

STANDARD

PREVAILING WAGE LABOR RATE

OVERTIME

BIOHAZARD TECHINICIAN

STANDARD

BIOHAZARD TECHINICIAN

OVERTIME

EQUIPTMENT

EQUIPTMENT

BIOHAZARDOUS MATERIAL

DISPOSAL

NON-BIOHAZARDOUS MATERIAL

DISPOSAL

CONTRACT AGREEMENT

CITY OF NORCO

HOMELESS ENCAMPMENT CLEANUP SERVICES
This Agreement is made and entered into this 7th day of December, 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 Eco Bear Biohazard Cleaning Company, a corporation with its principal place of business at 3740 Alta Mesa Drive, Studio City, CA 91604 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

1. Scope of Services. Contractor shall furnish all labor, materials and equipment for and perform the work of homeless encampment cleanup (“Services”). Contractor shall perform the Services in accordance with the provisions and requirements of the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference.

2. Term. This Agreement shall be in effect for one year beginning December 7, 2022 through December 6, 2023, unless otherwise terminated pursuant to the provisions herein. The term may be extended an additional four (4) one-year terms not to exceed five (5) years, upon mutual written agreement of the parties.

3. Compensation. Contractor shall receive compensation for all services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. If the term of the Agreement is extended, Contractor’s compensation for the extended term shall be mutually agreed upon in writing by the parties.

4. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations.

5. Business License. As a condition of this Agreement, Contractor shall secure a business license to operate in the City of Norco pursuant to Chapter 5.04 of the Norco Municipal Code, and shall also secure any other licenses or permits which may be required.

6. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor shall furnish qualified personnel to perform the Services.

7. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly

assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor acknowledges that any assignment may, at the City’s sole discretion, require City Manager and/or City Council approval. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 11. The Contractor acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.

8. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Norco. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Contractor, or to Contractor’s employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer.

9. Indemnification. Contractor shall indemnify and hold harmless the City, and the City’s employees, officers, managers, agents and council members from any liability, claim, damage or action whatsoever, arising out of the sole negligence or willful misconduct of Contractor, its officers, employees, subcontractors, agents or including but not limited to property damage, bodily injury, or death. Contractor shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlement or awards, the City and the City’s employees, officers, managers, agents and council members in any such action or claim. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Contractor’s indemnification of City. Contractor’s obligations hereunder shall be satisfied when Contractor has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Contractor’s obligations to indemnify and hold harmless the City.

10. Insurance.

10.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.

10.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligations under Section 10 hereof.

10.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A or higher and a Financial Class of VII or higher.

10.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days’ prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.

10.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor’s sole expense.

10.2 Workers’ Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work.

Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers’ Compensation Act. Prior to City’s execution of this Agreement, Contractor shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days’ prior written notice before modification or cancellation thereof.

10.3 Commercial General Liability and Automobile Insurance. Prior to City’s execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor’s insurance policies.

10.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

10.3.2 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with verified endorsements on the CGL policy with respect to liability arising out of the work or operations performed by or on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Blanket policies may apply and be accepted.

10.3.3 Contractor’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor’s employee vehicles, non-Contractor owned vehicles and hired vehicles.

10.3.4 For any claims related to this contract, the contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the contractor’s insurance and shall not contribute with it.

10.3.5 Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the entity has received a waiver of subrogation endorsement from the insurer.

10.3.6 Contractor’s Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

10.3.7 City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

10.3.8 Prior to City’s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Norco, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Norco.

10.3.9 The insurance policy or policies shall also comply with the following provisions:
a. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
b. The policy shall specify that the insurance provided by contractor will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity

11. Termination. City shall have the right to terminate any or all of Contractor’s Services and work covered by this Agreement at any time upon thirty (30) calendar days’ written notice to Contractor. In the event of such termination, Contractor shall submit Contractor’s final written statement of the amount of services provided as of the date of such termination for payment by the City.

Notwithstanding the foregoing, the City may terminate Contractor’s performance of this Agreement upon five (5) calendar days’ written notice if:
(1) Contractor fails to promptly begin performance of the Services; (2) Contractor fails to perform the Services;
(3) Contractor discontinues performance of the Services; (4) Contractor fails to make payment to employees in accordance with applicable law;
(5) Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;
(6) Contractor otherwise is guilty of breach of a provision of this Agreement; (7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations.
(8) A receiver, trustee, or other judicial officer shall not have any right, title, or

interest in or to this Agreement. Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.

12. 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.

13. City’s Right to Employ Other Consultants/Contractors. City reserves the right to employ other Contractors in connection with the Services. If the City is required to employ another contractor to complete Contractor’s work, due to the failure of the Contractor to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Contractor.

14. Conflict of Interest. Contractor represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the abovedescribed Services. Contractor further warrants that Contractor has no real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.

15. Solicitation. Contractor warrants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.

16. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations.

The Director’s determination of prevailing wage rates is available on-line at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR.

17. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

To City
City of Norco
Attn: Community Services Director
2870 Clark Avenue
Norco, CA 92860
To Contractor
Eco Bear Biohazard Cleaning Company
Attn: Emily Kil
3740 Alta Mesa Drive
Studio City, CA 91604

18. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of California, County of Riverside and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

19. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing.

20. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.

21. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and City.

22. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.

23. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.

CITY OF NORCO, a California Charter Eco Bear Biohazard Cleaning Co.

City and Municipal Corporation
By:
____________________________
Greg Newton
Mayor
By:
__________________________
[Printed Name]
ATTEST:

Diane Germain, CMC
Deputy City Clerk
[Title]
APPROVED AS TO FORM:

Harper & Burns, LLP
City Attorney
__________________________
__________________________
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

EXHIBIT A

SCOPE OF SERVICES
The Contractor will provide all labor and expertise for conducting survey, documentation, clean up, removal and disposal services involving City homeless encampment projects on City property.

General Specifications/Project Description

1. Overview: As directed by the City, provide clean up services as follows:
a. Cleaning homeless encampment sites where one or more homeless persons have established a campsite. All property removal/relocation services will be performed in a manner consistent with abatement procedures in compliance with all applicable laws, and generally within 72 hours of notice from the City. b. Cleaning other sites where homeless or other persons have left behind biohazards or other waste with no encampment.
c. Sites are considered to contain a variety of material that may contain hazardous materials, including biohazardous materials, garbage, general debris, human waste, constructed temporary shelter, and other items associated with homeless occupancy.

2. Site Conditions: Sites will be identified individually. The City will make an effort, when possible, to cluster sites. Sites may include under structures (i.e. bridges), vegetated ground cover, in the public right-of-way, open fields, parklands, or abandoned structures on city property and in the Santa Ana River (SAR).

3. Biohazard Handling: The Contractor’s site supervisor and workers must be trained and certified in handling and disposal of hazardous materials. (HAZ – Hazardous Substance Removal Certification, Business and Professions Code: Division 3, Ch. 9. Contractors, Article 4. Classifications – 7058.7). Provide copies of any applicable training records, certifications, and licenses required to perform the work.

4. Structure Demolition: Some work may require removal of wood frame or other building structures. It is assumed such structures will be of relatively simple construction using “cast off” materials. The contractor will consult with the City’s contract manager if more complex building types are involved, or if potential health threats such as asbestos may be present.

5. Occupants: All sites will be cleared.

6. Payment: Work shall be performed under a force account (time and material) contract. The contractor will provide documentation of employee hours, subcontract costs, equipment and material costs and disposal costs to the City.

7. Prevailing Wages: Prevailing wages are required on this project. The contractor will register with Department of Industrial Relations.

Contractor Duties and Responsibilities:

1. Cleanup duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, and removal of human waste using State approved handling and removal procedures for all material. Disposal shall be at a site permitted to accept such materials and approved by the City.

2. Supply all labor, materials, tools, protective clothing and gear, and equipment that is required or needed to perform the work to handle, remove, transport and dispose of the waste materials and leave a clean site.

3. Contractor will assign a Project Manager to provide all supervision and management of its crews and ensure all necessary safety procedures are followed.

4. Contractor shall identify and document camp location of cleanup. Take pictures of camp and homeless campers with 72-hour notice.

5. Contractor to document and identify all property and classification of personal property to be stored at a City facility no longer than 90 days. Transport identified property for storage to a site designated by City as directed by City Staff. Provide an electronic copy of photographs of property as well as inventory log.

6. Photograph the encampment site before and after cleaning and provide an electronic copy of each photograph to the City.

7. Provide the City with a clean-up report for each site, including total weight of debris removed.

8. Follow best practices work procedures to safety manage any hazardous materials found on the site, including urine, feces, solid personal hygiene items, syringes and other materials which could pose a health threat.

9. Trim shrubs and vegetation as required by the City as a deterrent measure for future encampments.

10. Immediately notify the site lead or Riverside Sheriff personnel on site if a weapon is found.

11. Perform work in a timely and efficient manner and in a courteous and business-like manner at all times.

12. Properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

City Responsibilities:

1. Coordinate with Contractor on a site-by-site basis to determine the work order for each encampment clean-up. The work order will establish the site start date, estimated timeframe of the work, staging areas, traffic control, if required, and the name of the onsite lead.

2. Post “notice to vacate” signs at the work site prior to the commencement of each removal project, 72 hours in advance of the clean-up.

3. Post notice at each cleanup indicating contact information for reclaiming personal property.

4. Coordinate all necessary permits as required, such as Cal Trans or Fish and Game permits.

Safety and Training:

Safety and appropriate training/licensing are critical requirements for the selected contractor. At no time is the Contractor expected to interact with the homeless residents or put their employees at risk.

1. Contractor shall comply with all safety rules, protocols, and licensing requirements mandated by the State of California.

2. Work may be performed in inclement weather. Jobsites can be in heavy foliage, steep embankments, by SAR and other areas requiring alertness to the environment and pre planning to prevent injury or illness. Contractor shall perform a hazard assessment and provide all training and supplies necessary.

3. Contractor shall be OSHA certified to operate any heavy equipment required to complete the encampment clean-up work, including trash compactors, bulldozers, graders or other ground moving equipment.

4. Contractor shall conform to all applicable occupational safety and health standards, rules, regulation and orders established by the State of California. The Contractor shall provide all safety equipment, materials and will supply training as agreed. The Contractor shall provide employees with appropriate safety apparel.

5. Contractor shall be trained in OSHA’s Bloodborne Pathogen Standard 1910.1030. This training must be supplemented with precautions regarding West Nile Virus, Hanta virus, and Histoplasmosis. Employees must have work procedures to be able to safely manage urine, feces, solid personal hygiene items, syringes, and other materials that could pose a health threat. Wearing PersonalProtective Equipment and following other protocols established for this situation must be followed.

6. Contractor shall provider copies of any training records and licenses required by the City upon request.

Pricing:

Include all contractor costs, including labor, fleet fuel, etc. Costs not included in the proposal will be at the contractor’s expense for the following categories.

1. Site Clean Up Mobilization: Single mobilization for each site, with only one payment per site regardless of how many days a single clean up may require, to include all preside work set up times, site travel times, planning and other tasks to get the site ready to perform cleanup.

2. Site Cleanup Labor and Equipment: Includes prevailing wage labor and equipment necessary to perform all site clean-up operations.

3. Biohazard Technician: Includes prevailing wage labor, containment of biohazardous waste, transient debris or any litter that poses health and safety risk, removal of contaminated contents, personal protective equipment, consumable supplies, administrative fees and photo documentation.

4. Biohazardous Material Disposal: Containment, transportation, and disposal of biohazard material per 40-gallon containment unit.

5. Non-Biohazardous Material Disposal. The City of Norco has an exclusive franchise agreement with Waste Management for trash disposal.

EXHIBIT B

CONTRACT AGREEMENT

CITY OF NORCO

HOMELESS ENCAMPMENT CLEANUP SERVICES
This Agreement is made and entered into this 7th day of December, 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 Clean Harbors Environmental Services, Inc, a corporation with its principal place of business at 7979 Palm Ave, Highland, CA 92346 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

1. Scope of Services. Contractor shall furnish all labor, materials and equipment for and perform the work of homeless encampment cleanup (“Services”). Contractor shall perform the Services in accordance with the provisions and requirements of the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference.

2. Term. This Agreement shall be in effect for one year beginning December 7, 2022 through December 6, 2023, unless otherwise terminated pursuant to the provisions herein. The term may be extended an additional four (4) one-year terms not to exceed five (5) years, upon mutual written agreement of the parties.

3. Compensation. Contractor shall receive compensation for all services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. If the term of the Agreement is extended, Contractor’s compensation for the extended term shall be mutually agreed upon in writing by the parties.

4. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations.

5. Business License. As a condition of this Agreement, Contractor shall secure a business license to operate in the City of Norco pursuant to Chapter 5.04 of the Norco Municipal Code, and shall also secure any other licenses or permits which may be required.

6. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor shall furnish qualified personnel to perform the Services.

7. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly

assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor acknowledges that any assignment may, at the City’s sole discretion, require City Manager and/or City Council approval. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 11. The Contractor acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.

8. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Norco. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Contractor, or to Contractor’s employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer.

9. Indemnification. Contractor shall indemnify and hold harmless the City, and the City’s employees, officers, managers, agents and council members from any liability, claim, damage or action whatsoever, arising out of the sole negligence or willful misconduct of Contractor, its officers, employees, subcontractors, agents or including but not limited to property damage, bodily injury, or death. Contractor shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlement or awards, the City and the City’s employees, officers, managers, agents and council members in any such action or claim. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Contractor’s indemnification of City. Contractor’s obligations hereunder shall be satisfied when Contractor has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Contractor’s obligations to indemnify and hold harmless the City.

10. Insurance.

10.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.

10.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligations under Section 10 hereof.

10.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A or higher and a Financial Class of VII or higher.

10.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days’ prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.

10.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor’s sole expense.

10.2 Workers’ Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work.

Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers’ Compensation Act. Prior to City’s execution of this Agreement, Contractor shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days’ prior written notice before modification or cancellation thereof.

10.3 Commercial General Liability and Automobile Insurance. Prior to City’s execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City, and its officers, employees and agents, shall be named as additional insureds under the Contractor’s insurance policies.

10.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

10.3.2 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with verified endorsements on the CGL policy with respect to liability arising out of the work or operations performed by or on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Blanket policies may apply and be accepted.

10.3.3 Contractor’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor’s employee vehicles, non-Contractor owned vehicles and hired vehicles.

10.3.4 For any claims related to this contract, the contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the contractor’s insurance and shall not contribute with it.

10.3.5 Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the entity has received a waiver of subrogation endorsement from the insurer.

10.3.6 Contractor’s Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

10.3.7 City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

10.3.8 Prior to City’s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of Norco, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Norco.

10.3.9 The insurance policy or policies shall also comply with the following provisions:
a. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
b. The policy shall specify that the insurance provided by contractor will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity

11. Termination. City shall have the right to terminate any or all of Contractor’s Services and work covered by this Agreement at any time upon thirty (30) calendar days’ written notice to Contractor. In the event of such termination, Contractor shall submit Contractor’s final written statement of the amount of services provided as of the date of such termination for payment by the City.

Notwithstanding the foregoing, the City may terminate Contractor’s performance of this Agreement upon five (5) calendar days’ written notice if:
(1) Contractor fails to promptly begin performance of the Services; (2) Contractor fails to perform the Services;
(3) Contractor discontinues performance of the Services; (4) Contractor fails to make payment to employees in accordance with applicable law;
(5) Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;
(6) Contractor otherwise is guilty of breach of a provision of this Agreement; (7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations.
(8) A receiver, trustee, or other judicial officer shall not have any right, title, or

interest in or to this Agreement. Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.

12. 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.

13. City’s Right to Employ Other Consultants/Contractors. City reserves the right to employ other Contractors in connection with the Services. If the City is required to employ another contractor to complete Contractor’s work, due to the failure of the Contractor to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Contractor.

14. Conflict of Interest. Contractor represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the abovedescribed Services. Contractor further warrants that Contractor has no real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the City an affidavit disclosing any such interest.

15. Solicitation. Contractor warrants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.

16. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations.

The Director’s determination of prevailing wage rates is available on-line at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR.

17. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:

To City
City of Norco
Attn: Community Services Director
2870 Clark Avenue
Norco, CA 92860
To Contractor
Clean Harbors Environmental Services, Inc.

Attn: Marc McReynolds
42 Longwater Drive
Norwell, MA 02061-9149

18. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of California, County of Riverside and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

19. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing.

20. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.

21. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and City.

22. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.

23. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF NORCO, a California Charter
City and Municipal Corporation
By:
_________________________
Greg Newton
Mayor
Clean Harbors Environmental Services,
Inc.

By:
__________________________
[Print Name] ATTEST:

Diane Germain, CMC
Deputy City Clerk
[Title]
APPROVED AS TO FORM:

Harper & Burns, LLC
City Attorney
________________________
_________________________
_________________________

EXHIBIT A

SCOPE OF SERVICES
The Contractor will provide all labor and expertise for conducting survey, documentation, clean up, removal and disposal services involving City homeless encampment projects on City property.

General Specifications/Project Description

1. Overview: As directed by the City, provide clean up services as follows:
a. Cleaning homeless encampment sites where one or more homeless persons have established a campsite. All property removal/relocation services will be performed in a manner consistent with abatement procedures in compliance with all applicable laws, and generally within 72 hours of notice from the City. b. Cleaning other sites where homeless or other persons have left behind biohazards or other waste with no encampment.
c. Sites are considered to contain a variety of material that may contain hazardous materials, including biohazardous materials, garbage, general debris, human waste, constructed temporary shelter, and other items associated with homeless occupancy.

2. Site Conditions: Sites will be identified individually. The City will make an effort, when possible, to cluster sites. Sites may include under structures (i.e. bridges), vegetated ground cover, in the public right-of-way, open fields, parklands, or abandoned structures on city property and in the Santa Ana River (SAR).

3. Biohazard Handling: The Contractor’s site supervisor and workers must be trained and certified in handling and disposal of hazardous materials. (HAZ – Hazardous Substance Removal Certification, Business and Professions Code: Division 3, Ch. 9. Contractors, Article 4. Classifications – 7058.7). Provide copies of any applicable training records, certifications, and licenses required to perform the work.

4. Structure Demolition: Some work may require removal of wood frame or other building structures. It is assumed such structures will be of relatively simple construction using “cast off” materials. The contractor will consult with the City’s contract manager if more complex building types are involved, or if potential health threats such as asbestos may be present.

5. Occupants: All sites will be cleared.

6. Payment: Work shall be performed under a force account (time and material) contract. The contractor will provide documentation of employee hours, subcontract costs, equipment and material costs and disposal costs to the City.

7. Prevailing Wages: Prevailing wages are required on this project. The contractor will register with Department of Industrial Relations.

Contractor Duties and Responsibilities:

1. Cleanup duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, and removal of human waste using State approved handling and removal procedures for all material. Disposal shall be at a site permitted to accept such materials and approved by the City.

2. Supply all labor, materials, tools, protective clothing and gear, and equipment that is required or needed to perform the work to handle, remove, transport and dispose of the waste materials and leave a clean site.

3. Contractor will assign a Project Manager to provide all supervision and management of its crews and ensure all necessary safety procedures are followed.

4. Contractor shall identify and document camp location of cleanup. Take pictures of camp and homeless campers with 72-hour notice.

5. Contractor to document and identify all property and classification of personal property to be stored at a City facility no longer than 90 days. Transport identified property for storage to a site designated by City as directed by City Staff. Provide an electronic copy of photographs of property as well as inventory log.

6. Photograph the encampment site before and after cleaning and provide an electronic copy of each photograph to the City.

7. Provide the City with a clean-up report for each site, including total weight of debris removed.

8. Follow best practices work procedures to safety manage any hazardous materials found on the site, including urine, feces, solid personal hygiene items, syringes and other materials which could pose a health threat.

9. Trim shrubs and vegetation as required by the City as a deterrent measure for future encampments.

10. Immediately notify the site lead or Riverside Sheriff personnel on site if a weapon is found.

11. Perform work in a timely and efficient manner and in a courteous and business-like manner at all times.

12. Properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

City Responsibilities:

1. Coordinate with Contractor on a site-by-site basis to determine the work order for each encampment clean-up. The work order will establish the site start date, estimated timeframe of the work, staging areas, traffic control, if required, and the name of the onsite lead.

2. Post “notice to vacate” signs at the work site prior to the commencement of each removal project, 72 hours in advance of the clean-up.

3. Post notice at each cleanup indicating contact information for reclaiming personal property.

4. Coordinate all necessary permits as required, such as Cal Trans or Fish and Game permits.

Safety and Training:

Safety and appropriate training/licensing are critical requirements for the selected contractor. At no time is the Contractor expected to interact with the homeless residents or put their employees at risk.

1. Contractor shall comply with all safety rules, protocols, and licensing requirements mandated by the State of California.

2. Work may be performed in inclement weather. Jobsites can be in heavy foliage, steep embankments, by SAR and other areas requiring alertness to the environment and pre planning to prevent injury or illness. Contractor shall perform a hazard assessment and provide all training and supplies necessary.

3. Contractor shall be OSHA certified to operate any heavy equipment required to complete the encampment clean-up work, including trash compactors, bulldozers, graders or other ground moving equipment.

4. Contractor shall conform to all applicable occupational safety and health standards, rules, regulation and orders established by the State of California. The Contractor shall provide all safety equipment, materials and will supply training as agreed. The Contractor shall provide employees with appropriate safety apparel.

5. Contractor shall be trained in OSHA’s Bloodborne Pathogen Standard 1910.1030. This training must be supplemented with precautions regarding West Nile Virus, Hanta virus, and Histoplasmosis. Employees must have work procedures to be able to safely manage urine, feces, solid personal hygiene items, syringes, and other materials that could pose a health threat. Wearing PersonalProtective Equipment and following other protocols established for this situation must be followed.

6. Contractor shall provider copies of any training records and licenses required by the City upon request.

Pricing:

Include all contractor costs, including labor, fleet fuel, etc. Costs not included in the proposal will be at the contractor’s expense for the following categories.

1. Site Clean Up Mobilization: Single mobilization for each site, with only one payment per site regardless of how many days a single clean up may require, to include all preside work set up times, site travel times, planning and other tasks to get the site ready to perform cleanup.

2. Site Cleanup Labor and Equipment: Includes prevailing wage labor and equipment necessary to perform all site clean-up operations.

3. Biohazard Technician: Includes prevailing wage labor, containment of biohazardous waste, transient debris or any litter that poses health and safety risk, removal of contaminated contents, personal protective equipment, consumable supplies, administrative fees and photo documentation.

4. Biohazardous Material Disposal: Containment, transportation, and disposal of biohazard material per 40-gallon containment unit.

5. Non-Biohazardous Material Disposal. The City of Norco has an exclusive franchise agreement with Waste Management for trash disposal.

EXHIBIT B

City Council

STAFF REPORT
Date: December 7, 2022 Agenda Item:

2.D.

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

Acceptance of Bids and Award of Contract for the Fiscal Year 2022-2023 Residential Street Overlay Project
RECOMMENDATION:

Accept bids and award a contract to Eagle Paving Company, Inc. for the Fiscal Year (FY) 2022-2023 Residential Street Overlay Project in the amount of $1,263,000 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the FY 22-23 Residential Street Overlay Project were opened on November 10, 2022, with Eagle Paving Company, Inc. of Poway, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Eagle Paving Company, Inc. in the amount of $1,263,000 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the FY 2022-2023 Residential Street Overlay Project were advertised on October 17, 2022, with a bid opening date of November 10, 2022. A total of eight (8) bids were received with proposals ranging in value from $1,263,000 to $2,256,600. The bid summary analysis has been attached for Council’s review (See Bid Summary). The FY 2022-2023 Residential Street Overlay Project consists of cold milling of existing asphalt, pavement resurfacing, adjustments to manholes and valve covers, curb ramp improvements, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer. The locations to be paved include:

Street From To
Belmont Cir. Kips Korner Rd. Northerly Cul-De-Sac
Canyon Ridge Cir. River Ridge Rd. Westerly Cul-De-Sac
Golden West Ln. Third St. Southerly Cul-De-Sac

Kingman Dr. Hillside Ave. Westerly End
Oak Ridge Cir. Alhambra St. Southerly Cul-De-Sac
Queens Rd. Pali Dr. Acacia Ave.

Quiet Hills Rd. Alhambra St. Northerly Cul-De-Sac
Rim Crest Dr. River Ridge Dr. Northerly Cul-De-Sac
River Ridge Dr. Norco Dr. 160’ West of Cedar Ave.

Vine St. Corydon Ave. Southerly Cul-De-Sac
Vista Ridge Cir. River Ridge Dr. Westerly Cul-De-Sac
Please note that staff will be removing Golden West Ln. from this project as a storm drain project currently in design needs to be completed first before any new paving is installed.

This reduction in scope will be completed as a change order to the City's benefit once the contract is awarded.

Staff has reviewed all the bids submitted and determined Eagle Paving Company, Inc. of Poway, California as being the lowest responsible bidder in the amount of $1,263,000 (see Bid Proposal). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the FY 2022-2023 Residential Street Overlay Project.

FISCAL IMPACT:

The FY 2022-2023 Residential Street Overlay Project is a combination of 10 individual street improvements that were approved as Capital Improvement Projects (CIP) in the Measure R Fund and Measure A Fund Budgets for FY 2022-2023. Funds in the amount of $1,900,000 were budgeted for FY 2022-2023 which is sufficient to fund the lowest bidder bid amount including the 10 percent contingency:

Project Name Project Number Funding Source Construction Funds Available
Belmont Cir. 4928.31 Measure A $85,000
Canyon Ridge Cir. 54900.11 Measure R $105,000
Kingman Dr. 54900.13 Measure R $170,000
Oak Ridge Cir. 54900.14 Measure R $110,000
Queens Rd. 54600.5 Measure R $90,000
Quiet Hills Rd. 4928.34 Measure A $170,000
Rim Crest Dr. 54900.16 Measure R $370,000
River Ridge Dr. 4928.35 Measure A $550,000
Vine St. 4928.33 Measure A $135,000
Vista Ridge Cir. 54900.18 Measure R $115,000
RELATIONSHIP TO STRATEGIC PLAN:

Construction of the FY 2022-2023 Residential Street Overlay Project is consistent with Strategic Direction #5 - "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):

Bid Summary
Bid Proposal
Contract

City of Norco
Bid Results for Project FY 22-23 Residential Street Overlay Project (4928.31)Issued on 10/17/2022Bid Due on November 10, 2022 11:00 AM (PST)Exported on 11/22/2022Line Totals (Unit Price * Quantity) Item Description
Unit of
Measure Qty
Eagle Paving
Company, Inc. - Unit
Price
Eagle Paving
Company, Inc. -
Line Total
Hardy & Harper, Inc.
- Unit Price
Hardy & Harper, Inc.
- Line Total
Onyx Paving
Company, Inc. - Unit
Price
Onyx Paving
Company, Inc. -
Line Total
1 Clearing & Grubbing, Mobilization, NPDES/SWPPP Requirements at (maximum of 5% of the Total Bid Amount)_____________________________________________________________ Per Lump Sum L.S. 1 $15,371.50 $15,371.50 $34,250.00 $34,250.00 $62,496.00 $62,496.00 2 Traffic Control at______________________________________________________________ Per Lump Sum L.S. 1 $28,650.00 $28,650.00 $55,500.00 $55,500.00 $72,000.00 $72,000.00 3 Adjust Existing Manhole Frame & Cover to Finished Surface Per City of Norco STD. DWG No. 535 at___________________________________________________________________ Per Each EA. 41 $400.00 $16,400.00 $1,110.00 $45,510.00 $1,000.00 $41,000.00 4 Adjust Existing Valve Can and Cover to Finished Surface at___________________________________________________________________ Per Each EA. 36 $100.00 $3,600.00 $164.00 $5,904.00 $300.00 $10,800.00 5 Adjust Monitoring Well to Finished Surface at___________________________________________________________________ Per Each EA. 14 $500.00 $7,000.00 $1,110.00 $15,540.00 $1,000.00 $14,000.00 6 4” Cold Mill Existing AC Pavement at______________________________________________________________Per Square Foot S.F. 390000 $0.50 $195,000.00 $0.34 $132,600.00 $0.45 $175,500.00 7 Construct 2 1/2” AC C2-PG 64-10 Overlay at____________________________________________________________________ Per Ton TON 6125 $81.50 $499,187.50 $85.00 $520,625.00 $84.48 $517,440.00

City of Norco
Bid Results for Project FY 22-23 Residential Street Overlay Project (4928.31)Issued on 10/17/2022Bid Due on November 10, 2022 11:00 AM (PST)Exported on 11/22/2022Line Totals (Unit Price * Quantity) Item Description
Unit of
Measure Qty
Eagle Paving
Company, Inc. - Unit
Price
Eagle Paving
Company, Inc. -
Line Total
Hardy & Harper, Inc.
- Unit Price
Hardy & Harper, Inc.
- Line Total
Onyx Paving
Company, Inc. - Unit
Price
Onyx Paving
Company, Inc. -
Line Total
8 Construct 1 1/2” AC B-PG 64-10
Overlay at____________________________________________________________________ Per Ton TON 3675 $95.00 $349,125.00 $85.00 $312,375.00 $84.48 $310,464.00 9 Remove Existing and Construct Curb Ramp Per SPPWC STD. Plan No. 111-5, Case and Type Per Plan at ___________________________________________________________________ Per Each EA. 29 $3,700.00 $107,300.00 $8,200.00 $237,800.00 $7,700.00 $223,300.00 10 Remove Existing and Construct Cross Gutter Per SPPWC STD. Plan No. 122- 3 at ___________________________________________________________________ Per Each EA 2 $7,000.00 $14,000.00 $10,500.00 $21,000.00 $9,500.00 $19,000.00 11 Construction staking and Monument
Preservation at ___________________________________________________________ Per Lump Sum L.S. 1 $23,166.00 $23,166.00 $22,100.00 $22,100.00 $27,000.00 $27,000.00 12 Signing and Striping at ___________________________________________________________ Per Lump Sum LS 1 $4,200.00 $4,200.00 $3,796.00 $3,796.00 $11,000.00 $11,000.00 Subtotal $1,263,000.00 $1,407,000.00 $1,484,000.00Total $1,263,000.00 $1,407,000.00 $1,484,000.00

City of Norco
Bid Results for Project FY 22-23 Residential Street Overlay Project (492Issued on 10/17/2022Bid Due on November 10, 2022 11:00 AM (PST)Exported on 11/22/2022Line Totals (Unit Price * Quantity) Item Description
Unit of
Measure Qty
1 Clearing & Grubbing, Mobilization, NPDES/SWPPP Requirements at (maximum of 5% of the Total Bid Amount)_____________________________________________________________ Per Lump Sum L.S. 1 2 Traffic Control at______________________________________________________________ Per Lump Sum L.S. 1 3 Adjust Existing Manhole Frame & Cover to Finished Surface Per City of Norco STD. DWG No. 535 at___________________________________________________________________ Per Each EA. 41 4 Adjust Existing Valve Can and Cover to Finished Surface at___________________________________________________________________ Per Each EA. 36 5 Adjust Monitoring Well to Finished Surface at___________________________________________________________________ Per Each EA. 14 6 4” Cold Mill Existing AC Pavement at______________________________________________________________Per Square Foot S.F. 390000 7 Construct 2 1/2” AC C2-PG 64-10 Overlay at____________________________________________________________________ Per Ton TON 6125 All American
Asphalt - Unit Price
All American
Asphalt - Line Total
LC Paving &
Sealing, Inc. - Unit
Price
LC Paving &
Sealing, Inc. - Line
Total
R.J. NOBLE
COMPANY - Unit
Price
R.J. NOBLE
COMPANY - Line
Total
$19,000.00 $19,000.00 $80,500.00 $80,500.00 $70,000.00 $70,000.00 $146,000.00 $146,000.00 $62,200.00 $62,200.00 $67,000.00 $67,000.00 $1,370.00 $56,170.00 $1,693.00 $69,413.00 $1,600.00 $65,600.00 $320.00 $11,520.00 $1,080.00 $38,880.00 $405.50 $14,598.00 $1,100.00 $15,400.00 $1,080.00 $15,120.00 $1,450.00 $20,300.00 $0.28 $109,200.00 $0.36 $140,400.00 $0.56 $218,400.00
$92.00 $563,500.00 $96.00 $588,000.00 $94.00 $575,750.00

City of Norco
Bid Results for Project FY 22-23 Residential Street Overlay Project (492Issued on 10/17/2022Bid Due on November 10, 2022 11:00 AM (PST)Exported on 11/22/2022Line Totals (Unit Price * Quantity) Item Description
Unit of
Measure Qty
8 Construct 1 1/2” AC B-PG 64-10
Overlay at____________________________________________________________________ Per Ton TON 3675 9 Remove Existing and Construct Curb Ramp Per SPPWC STD. Plan No. 111-5, Case and Type Per Plan at ___________________________________________________________________ Per Each EA. 29 10 Remove Existing and Construct Cross Gutter Per SPPWC STD. Plan No. 122- 3 at ___________________________________________________________________ Per Each EA 2 11 Construction staking and Monument
Preservation at ___________________________________________________________ Per Lump Sum L.S. 1 12 Signing and Striping at ___________________________________________________________ Per Lump Sum LS 1 All American
Asphalt - Unit Price
All American
Asphalt - Line Total
LC Paving &
Sealing, Inc. - Unit
Price
LC Paving &
Sealing, Inc. - Line
Total
R.J. NOBLE
COMPANY - Unit
Price
R.J. NOBLE
COMPANY - Line
Total
$92.00 $338,100.00 $94.40 $346,920.00 $96.00 $352,800.00 $6,500.00 $188,500.00 $5,935.00 $172,115.00 $7,400.00 $214,600.00 $13,400.00 $26,800.00 $21,600.00 $43,200.00 $30,000.00 $60,000.00$33,000.00 $33,000.00 $50,320.00 $50,320.00 $24,000.00 $24,000.00 $5,000.00 $5,000.00 $5,500.00 $5,500.00 $4,200.00 $4,200.00 $1,512,190.00 $1,612,568.00 $1,687,248.00$1,512,190.00 $1,612,568.00 $1,687,248.00

City of Norco
Bid Results for Project FY 22-23 Residential Street Overlay Project (492Issued on 10/17/2022Bid Due on November 10, 2022 11:00 AM (PST)Exported on 11/22/2022Line Totals (Unit Price * Quantity) Item Description
Unit of
Measure Qty
1 Clearing & Grubbing, Mobilization, NPDES/SWPPP Requirements at (maximum of 5% of the Total Bid Amount)_____________________________________________________________ Per Lump Sum L.S. 1 2 Traffic Control at______________________________________________________________ Per Lump Sum L.S. 1 3 Adjust Existing Manhole Frame & Cover to Finished Surface Per City of Norco STD. DWG No. 535 at___________________________________________________________________ Per Each EA. 41 4 Adjust Existing Valve Can and Cover to Finished Surface at___________________________________________________________________ Per Each EA. 36 5 Adjust Monitoring Well to Finished Surface at___________________________________________________________________ Per Each EA. 14 6 4” Cold Mill Existing AC Pavement at______________________________________________________________Per Square Foot S.F. 390000 7 Construct 2 1/2” AC C2-PG 64-10 Overlay at____________________________________________________________________ Per Ton TON 6125 ATP General
Engineering
Contractors
ATP General
Engineering
Contractors
AID Builders, Inc -
Unit Price
AID Builders, Inc -
Line Total
$90,000.00 $90,000.00 $100,000.00 $100,000.00
$172,000.00 $172,000.00 $65,000.00 $65,000.00
$485.00 $19,885.00 $500.00 $20,500.00$450.00 $16,200.00 $150.00 $5,400.00$525.00 $7,350.00 $500.00 $7,000.00 $0.60 $234,000.00 $1.25 $487,500.00
$94.00 $575,750.00 $129.00 $790,125.00

City of Norco
Bid Results for Project FY 22-23 Residential Street Overlay Project (492Issued on 10/17/2022Bid Due on November 10, 2022 11:00 AM (PST)Exported on 11/22/2022Line Totals (Unit Price * Quantity) Item Description
Unit of
Measure Qty
8 Construct 1 1/2” AC B-PG 64-10
Overlay at____________________________________________________________________ Per Ton TON 3675 9 Remove Existing and Construct Curb Ramp Per SPPWC STD. Plan No. 111-5, Case and Type Per Plan at ___________________________________________________________________ Per Each EA. 29 10 Remove Existing and Construct Cross Gutter Per SPPWC STD. Plan No. 122- 3 at ___________________________________________________________________ Per Each EA 2 11 Construction staking and Monument
Preservation at ___________________________________________________________ Per Lump Sum L.S. 1 12 Signing and Striping at ___________________________________________________________ Per Lump Sum LS 1 ATP General
Engineering
Contractors
ATP General
Engineering
Contractors
AID Builders, Inc -
Unit Price
AID Builders, Inc -
Line Total
$94.00 $345,450.00 $129.00 $474,075.00
$11,500.00 $333,500.00 $6,500.00 $188,500.00$29,000.00 $58,000.00 $2,000.00 $4,000.00$43,000.00 $43,000.00 $45,000.00 $45,000.00 $4,000.00 $4,000.00 $69,500.00 $69,500.00
$1,899,135.00 $2,256,600.00$1,899,135.00 $2,256,600.00

BIDDERS NAME: Eagle Paving Company, Inc. dba Toro Engineering 13915 Danielson Street Ste 201 Poway CA 92064

CITY OF NORCO

PROPOSAL
FOR
FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
TO CITY OF NORCO, as AGENCY:

In accordance with AGENCY‘S “Notice Inviting Sealed Bids," the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDERdeclares that this proposal is based upon careful examination of the work site, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the AGENCY at the unit and/or lump sum prices set forth in the following Proposal BidSheet. BIDDERunderstands that failure to enter into a Contract in the manner and time prescribed willresult in forfeiture to AGENCY of the Bid Bond accompanying this proposal.

BIDDERunderstands that a bid is required forthe entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDERagrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires evewemployer to be insured against liabilityfor workman’s compensation or to undertake se|f—insurance in accordance withthe provisions ofthat code, and that the BIDDER willcomply with such provisions ofthat code before commencing the performance of this Contract if awarded to it.

BIDDERcertifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation P—1

making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certi?es that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions ofthe work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said af?rmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action willbe taken to meet all equal employment opportunity requirements of the Contract Documents.

Eagle Paving Company, Inc. dba
DATED: [ llgjl ,2o22 BIDDER: T°'° E”9i”ee”"9
BY, JoelBatu ' /
/
-HTLE: President
B|DDER'5 ADDRESS; 13915 Danielson Street Ste 201 Poway CA 92064 858-486-6400
PHON E:

B|DDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

BidderusName: Eagle Paving Company, Inc. dba Toro Engineering Business Address; 13915 Danielson Street Suite 201 Poway CA 92064 Telephone: 858-486-6400
State Contractor's License No. and Class: 944939
Original Date issued: 03/25/2010 Expiration Date: 03/31/2024 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:

Joel Batule - President - 13915 Danielson Street Suite 201 Poway CA 92064 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

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

Joel Batule (President) - Eagle Paving Company, Inc. dba Toro Engineering

CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws ofthe State of California providing for the registration of Contractors.

Contractor's License Number: 944939
Name of Individual Contractor (Print or Type):

Signature of Owner: ;
Business:

Address or Name of Firm:

Business Address:

Name: Title:

Address:

Name: Title:

Address or Name of Corporation: Eagle Paving Company, Inc. dba Toro Engineering 13915 Danielson Street Ste 201 Poway CA 92064 Business Address:

Corporation organized under the s of the State of C3“f0"”ia Signatur f President of Corporation
Signature of Secretary of Corporation

SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forth the name, location of the place of business, and California contractor license of each Subcontractor who willperform work or labor or render service to the Prime Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained inthe plans and speci?cations, in an amount in excess ofone-half (1/2) ofone percent (1%) of the General Contractors total bid amount or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half of 1 percent (0.5%) of the Prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which willbe done by each Subcontractor.

Name Under Specific
Which Sub Description of % of
Contractor is License DIR Address of Sub Contract Total Licensed Number Number Of?ce Work Bid
;r.e eagnolo 3qi§‘?3 |0UVUD'0'-7'3‘-f2370 E- (P)meanFUP comrmn/I,uvc. M1,gf:7;; MPHMT9» CDADMILL5‘-/
?éfolv
Svpé?op AVE/M.EA? 6'3/3- cyprzfss57' 5/1,;/In/5,1. M4-;2k.rN¢,SP-/7530}, uruvw/47/a cvnzesc. cmoaso‘T¢#”"’9 0.30%, lfthe bidder fails to specify a Subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative Subcontractors for the same work are prohibited by provisions of the California Government Code.) An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filinga bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
10/28/2022 Eagle Pavingtgompany, Inc. dba Toro Engineering Dated Bidder
l I ultr-
/ Signature
g i Sig?ture
P—5

13915 Danielson Street, Suite 20l
[.1 Puway, CA 92064 E/KMLEPA. ENG. . 858.486.6402 A ServiceCompanyFirst inf0@eug|epuVmgAuS Written Consent In lieu of Minutes of Special Meeting of the Board of Directors of Eagle Paving Company, Inc.

The undersigned director of Eagle Paving Company herby consents in writing on January 14-,2016 to the following action without a meeting, pursuant to 307 (b) of the California Corporations Code
RESOLVED,that the following individuals are authorized to sign on behalf of Eagle Paving Company, Inc.:
,/
IoelBatule, Secretary/ CEO
?ho?zed Signature
Marisa Garland, CFO
Authorized Signature
«, euglepnving ='

REFERENCES
The following are the names, addresses, and phone numbers forthree public agencies for which BIDDER has performed similar work within the past two years:

See Attached

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:

Maloney and Associates
miataro|[email protected] (Mark Iataola)
435 West Grand Avenue Escondido, CA 92025
0L78680
760/738-2610

—

CITY OF NORCO

BID BOND
FOR
FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
KNOW ALL MEN BY THESE PRESENT that EAGLE PAVING COMPANY.INCDBA TORO ENGINEERING , as BIDDER, and NATIONWIDE MUTUAL INSURANCE COMPANY as
SURETY, are held and ?rmly bound unto THE CITYOF NORCO, as AGENCY, in the penal sum of TEN PERCENT OF GREATER AMOUNT BID dollars ($
10% ), which is 10 percent ofthe total amount bid by BIDDERto AGENCY for the above stated project, forthe payment of which sum, BIDDERand SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATIONARE SUCH that, whereas BIDDERis aboutto submit a bid to AGENCY for the above stated project, ifsaid bid is rejected, or ifsaid bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

WITNESS our hands this 318T day of OCTOBER , 2022.
(seal)
EAGLE PAVING COMPANY, INC.

DBA TORO ENGINEERING

CONTRACTOR
(CoRPO By: J I
, JOELBATULE
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Subscribed and sworn to before me this day of
Seal of Notary:

Notary Public

CERTIFIED OR CASHIERS CHECK, OR BIDDERS BOND MUST BE SCANNED OR UPLOADEDTO THE PLANET BIDS PORTAL WHEN SUBMITTINGTHE BID/PROPOSAL. THE SUCCESSFUL BIDDERSHALL PROVIDE THE ORIGINAL BIDDERS BOND DOCUMNETATIONTIME OF AWARD.

P-7

BID BOND (PAGE 2)
SURETY'S NAME-TYPE: NATIONWIDE MUTUALINSURANCE COMPANY
Mailing Address: 500 NORTH BRAND BOULEVARD, SUITE 2000
GLENDALE, CA 91203
By: MARK D. IATAROLA
Name
Signature: ?ip
Title: ATTORNEY—|N—FACT
NOTE: SIGNATURE OF SURETY MUST BE NOTARIZEDZ
Subscribed and sworn to before me
this
T day of ,
Seal of Notary:

Notary Public
P-8

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
Anotary publicor other officercompletingthis certificateverifiesonlythe identity ofthe individualwhosigned the document to whichthis certificateis attached, and not the truthfulness, accuracy,or validityof that document.

State of California
county of SAN DlEGO
on 10/31/2022 befare me‘ TRACY LYNN RODRIGUEZ, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared MARKD. IATAROLA
Name{s) of Signer{s)
y who proved to me on the basis of satisfactowevidence to be the personle-) whose name(e) is/asesubscribed to the within instrument and acknowledged to me that he/she?hey executed the same in his/heriltheir authorized capacityeies), and that by his/her-it-heirsignature(e) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument.

I certify under PENALTY OF PERJURY underthe
TRACY LYNN Roomeuez laws of the State of California that the foregoing COMM.#2318838 Z _ I W
SAN DHEGOCOUNTY §
paragraph is true and correct.
é 7‘—?yNOTARYPUBLIC-CALlFOFiNlAZ ' MYCOMMISSIONEXPlFlES“ JANUARY 11, 2024
Place Notary Seal and/or Stamp Above
WITNESSmy hand and official seal.

Signature

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document
Title or Type of Document:

Document Date: NumberofPages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer‘s Name: MARK D- IATAROLA Signer's Name:

El Corporate Of?cer — Title(5): El Corporate Of?cer — Title(s):

El Partner— El Limited I3 General III Partner— El Limited El General El individual E Attorney in Fact El Individual El Attorney in Fact El Trustee El Guardian of Consen/ator El Trustee El Guardian of Conservator El Other: * El Other:

Signer is Representing:
g Signer is Representing:
©2017 National Notary Association

Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT‘
Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the “Company" and collectively as "the Companies“ does hereby make, constitute and appoint:

HELEN M/\L(')Nl:Y_ .l0l|N (i M/\[_()Nl-.Y, M/\Rl\' D IATAROL/\, SANDRA l’l(.iUl7.R0A. TRACY LYNN RODRIGUEZ, each in their individual capacity, its true and lawful attorriey—in—fact,with full power and authority to sign. seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, In penalties not exceeding the sum of

UNLIMITED
and to bind the Company thereby, as fully and to the same extent as ifsuch instruments were signed by the duly authorized of?cers of the Company; and all acts of said Attorney pursuant to the authority given are hereby rati?ed and confirmed.

This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED.that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums. undertakings, recognizances, transfers, contracts of indemnity, policies. contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause. any such appointment or authority; provided, however, that the authority granted hereby shall in no way limitthe authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
“RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to af?x the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.

Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive of?cer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved. or stamped on any approved document, contract, instrument, or other papers of the Company.

IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. 44%.

Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company

ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August. 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly af?xed and subscribed to said instrument by the authority and direction of said Company.

Stephanie Rubino McArIhur . '
Notary Public, State of New York ND U2MC5Z7Dll7 Qualified in New York County ND,“ ,,m,,iD Commission Expires Oclober19 2o24 My gq,,,m,s5,m gxms October I9. 2024 CERTIFICATE I, Laura E. Guy. Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected of?cer of the Company, and the corporate seal and his signature as officer were duly af?xed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect.

IN WITNESS WHEREOF.I have hereunto subscribed my name as Assistant Secretary, and af?xed the corporate seal of said Company this 315T day of OCTDEFR 202: (7(ax4.4a.C912\6L Assistant Secretary
BDJ 1(O8-21)0O

CLEAR
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
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 ?ggig I?iligg )
on “C E.?b.:,, 1 .1011 before me’ Lavina Rich, Notary Public Date Here Insert Name and Titleofthe Officer
Personally appeared .]"(_g:]Bah/'l’C‘.'Mari$<;r Garland Name(s) ofSigner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels) islaresubscribed to the within instrument and acknowledged to me that he,’-she/they executed the same in liieyllaer/their authorized capacity(ies),andthat by his/-her/theirsignaturels) onthe instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument‘
I certify under PENALTYOFPERJURYunderthe laws of the
State of California that the foregoing paragraph is true and LAVINARic}-i correct.

Notary Public- California E
‘ SanDiegoCDUNY - WITNESSmy hand and 0 fi ial ‘ Commissionit 13i5l94 I MycommExpires Dec 10, 2023 Signature . V
V Sigridure ofNotary Pulilic
I
Place Notary Seal Above

OPTIONAL---------------------------------------------------------------- -- Though this section is optional, completing this informationcan deter alteration ofthe document or fraudulentreattachment ofthisformto an unintended document.

Description of Attached Document
Title or Type of Document Ngmjp Bitl Egnci Document Date I0 l3 l ill Number of Pages \ Signer(s) OtherThan Named Above l‘llh Capacity(ies) Claimed by Signerlsi
Signer’s Name Igcl Eal\)l€ Signer's Name Nigmgg g-‘;.m;];-mgl Corporate Officer—Tit|e(s) pr6$iCl€V\t ICEO orporate Officer—Title(s) CFO E Partner Limited D General ElPartner D Limited DGenera| ElIndividual D Attorney in Fact E Individual DAttorney in Fact D Trustee D Guardian or Conservator E Trustee D Guardian or Conservator D Other D Other
Signer ls Representing Signer is Representing _
©2014National NotaryAssociation - www.NationalNotary.org I -800-USNOTARY (1~800-376—6827)ltem#5907

NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID)
The undersigned declares: Eagle Paving Company, Inc.
dba Toro Engineering
Iam the Presldem 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 ?x 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 liabilitycompany, limited liabilitypartnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf ofthe bidder.

Ideclare under penalty of perjury underthe laws of the State of California that the foregoing is true and correct and that this declaration is executed on 10/28/2022 [date], at Poway [city], California [state].
937%
Gm WW”
-pQ.a$\\)5l\5’l/
P—9

CITY OF NORCO

PROPOSAL BID SHEET
FOR
FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT

ITEM QUANTITY UNIT

DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

INWORDS
UNIT

PRICE IN

FIGURES
TOTAL
L.S.

Clearing & Grubbing,
Mobilization, NPDES/SWPPP
Requirements at (maximum of
5% of the Total BidAmount)
Fifteen Thousang Three
Hundred v t One Dollars
and PM Qgnls Per Lump Sum $15,534.00 $15,534.00
L.S.

Traf?c Control at
j
Per Lump Sum
$
$28,650.00
$
$28,650.00
EA.

Adjust Existing Manhole Frame
& Cover to Finished Surface
Per City of Norco STD. DWG
No. 535 at
Four Hundred
Per Each
$400.00
$
$16,400.00
36 EA.

Adjust Existing Valve Can and
Cover to Finished Surface at
One Hundred
Per Each $100.00 $3,600.00
EA.

Adjust MonitoringWell to
Finished Surface at
Five Hundred
Per Each $500.00
$
$7,000.00
P-10

ITEM QUANTITY UNIT

DESCRIPTION OF ITEMS

WITH UNIT PRICE WRITTEN

INWORDS
UNIT

PRICE IN

FIGURES
TOTAL
390,000 S.F.
4” Cold MillExisting AC
Pavement at
Fi n
Per Square Foot $0.50
$
$195,000.00
6,125 TON
Construct 2 1/2" AC C2-PG 64-
10 Overlay at
EightyOne Dollars and Fifty
Cents Per Ton
$81.50 $499,187.50
3,675 TON
Construct 1 1/2" AC B-PG 64-
10 Overlay at
Ninety Five
Per Ton
$95.00
$
$349,125.00
29 EA.

Remove Existing and Construct
Curb Ramp Per SPPWC STD.

Plan No. 111-5, Case and Type
Per Plan at
Three Thousand Seven Hundred
Per Each $3,700.00 $107,300.00

10. EA
Remove Existing and Construct
Cross Gutter Per SPPWC STD.

Plan No. 122-3 at
Seven Thousand
Per Each
35 $7,000.00
$
$14,000.00

11. L.S.

Construction staking and
Monument Preservation at
Tweny Three Thousand One Hundred
and Sixty Six
Per Lump Sum
39 $23,166.00
$
$23,166.00
P-11

DESCRIPTION OF ITEMS UNIT

ITEM QUANTITY UNIT WITH UNIT PRICE WRITTEN PRICE IN TOTAL

INWORDS FIGURES
Signing and Striping at
12' 1 LS‘ Four Thousand Two Hundred $ $
Per Lump Sum
$4,200.00 $4,200.00
FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
(BID ITEMS 1-12)

STREET IMPROVEMENTS SUBTOTAL AMOUNT
$ $1,263,000.00

STREET IMPROVEMENTS SUBTOTAL AMOUNT INWORDS
One MillionTwo Hundred and Sixty Three Thousand
10/28/2022
Dated
Eagle Paving Company, Inc. dba Toro Engineering
'dder Name
Signature
NOTE: The unit price must be written in words and also shown in ?gures. The total price must be extended for each item of work and the total of all items inserted in the space provided.

P-12

PROPOSAL
INWITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 15" day of N0Vembe" , 2022.

BIDDER Eagle Paving Company, Inc. dba Toro Engineering
13915 Danielson Street Suite 201 Poway CA 92064
Subscribed and sworn to this day of , 2022.

NOTARY PUBLIC SEE ATTACHED
By
Title
AGENCY acknowledges thatthis proposal was received and opened at the time and in the place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent ofthe total bid.

By
Title
P-13

CLEAR
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
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 I
County of_ 53,3 |i'i«j%g )
on H [9 In before me, Lavina Rich, Notary Public
Date Here Insert Name and Title ofthe Officer
Personally appeared CIOCIBOl'Ul€
Name(x) of$igner(A‘)
who proved to me on the basis of satisfactory evidence to be the personmwhose name(:?lis/a-Fe-subscribed to the within instrument and acknowledged to me that he/she-/they-executed the same in his/her-/-tlaeir-authorized capacity(j.ee17andthat by his/heaaltbeirsignature(.7)'onthe instrumenttheperson(§)f,orthe entity upon behalf of which the person(;{)acted, executed the instrument.

Icertify under PENALTYOF PERJURYunderthe laws of the
State of Californiathat the foregoing paragraph is true and LAVINARlCH C°”'e“'
NotaryPublic- California
53,, DiegoCounty § WITNESSmy hand d icial seal.

CommissionV‘;2315194
MyComm, Expires Dec 10, 2023
Signature V V V V \/
ignature of Notary I-’ubIic
P/ace Notary Seal Above
----———--—-~---------—---—-------------------------------—---------- OPTIONAL-----------------———-—----------v----------—---------------------- Though this section is optional, completing this informationcan deter alteration ofthe document or fraudulentreottachment ofthis formto an unintended document.

Description of Attached Document
Title or Type of Document Nags (5 id Document Date it; I31];2 Number of Pages I Slgner(s) OtherThan Named Above ,3]IA Capacity(ies) Claimed by Signer(s)
Signer's Name Joel l?cilruie Signer‘s Name
Corporate Officer—Title(s) Pf€SiClCrll'/CEO UCorporateOfficer—Tit|e(s) Partner Limited D General B Partner ElLimited Eeeneral
Ij individual E] Attorney in Fact D Individual DAttorney in Fact D Trustee D Guardian or Conservator DTrustee D Guardian or Conservator I:IOther I:IOther
Signer ls Representing Signer ls Representing
©2014NatIona|NotaryAssociatIon 0 www.Nationa|Notag.org - 1-800-US NOTARY (1-800-876-6827) |tem#5907 Page 99 of 205

CONTRACT AGREEMENT

CITY OF NORCO
FISCAL YEAR 2022-2023 RESIDENTIAL STREET OVERLAY PROJECT

1. Parties and Date.

This Agreement is made and entered into this 7th day of December, 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 Eagle Paving Company, Inc. dba Toro Engineering., a corporation with its principal place of business at 13915 Danielson Street, Suite 201, Poway CA, 92064 (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 “FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT” on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the “FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT” (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the “FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT". The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 45 working days. Contractor shall complete the Services within

the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:

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

3.2.9 Insurance.

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

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)

(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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

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

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

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in

coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

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

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

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

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

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

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, subconsultants, subcontractors, or anyone employed directly or indirectly by any of them.

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

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

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,

trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

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

3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra

work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

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

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

Contractor may not terminate this Agreement except for cause.

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

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

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

Contractor:

Eagle Paving Company, Inc.
13915 Danielson Street, Suite 201
Poway, CA. 92064
ATTN: Joel Batule - President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this

Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and 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 Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement

shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake 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.

OWNER: CITY OF NORCO, a municipal corporation
*By:
_______________________________
Greg Newton, Mayor
ATTEST:
_______________________________
Diane Germain, CMC
Deputy City Clerk
APPROVED AS TO FORM:
________________________________
Harper & Burns, LLC
City Attorney
Name of Contractor: Eagle Paving Company, Inc. dba Toro Engineering *By:
_____________________________
Signature
Joel Batule, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgment

EXHIBIT A
FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of cold milling of existing asphalt, pavement resurfacing, adjustments to manholes and valve covers, curb ramp improvements, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.

The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.

EXHIBIT B
Proposal Document

CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:

FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of cold milling of existing asphalt, pavement resurfacing, adjustments to manholes and valve covers, curb ramp improvements, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to

be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

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

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

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

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

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

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

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

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

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of cold milling of existing asphalt, pavement resurfacing, adjustments to manholes and valve covers, curb ramp improvements, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ _______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of _________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the

Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2022.

PRINCIPAL/CONTRACTOR:

_____________________________________

By: __________________________________
SURETY:

_____________________________________
By: __________________________________
Attorney-in-Fact

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

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

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

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________

_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________

_______________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.

_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

9. Description of Project:

FY 22-23 RESIDENTIAL STREET OVERLAY PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of cold milling of existing asphalt, pavement resurfacing, adjustments to manholes and valve covers, curb ramp improvements, signage and striping, and all appurtenant related work to the satisfaction of the City Engineer.

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

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

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

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

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

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

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

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

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

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

D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or

appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

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

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

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

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

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
A. POLICY INFORMATION Endorsement # ________________________

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

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

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

C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

City Council

STAFF REPORT
Date: December 7, 2022 Agenda Item:

2.E.

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

Execution of a Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Catch Basin Retrofit Project (Trash Screens)
RECOMMENDATION:

Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District to design and construct the Catch Basin Retrofit Project (Trash Screens), and authorize the Mayor to execute the agreement.

SUMMARY:

Staff is recommending the City Council approve the Cooperative Funding Agreement with Riverside County Flood Control & Water Conservation District (RCFC&WCD) for the Catch Basin Retrofit Project (Trash Screens) and authorize the Mayor to execute the agreement.

BACKGROUND:

The City of Norco prepared plans and specifications for the construction of the Catch Basin Retrofit Project (Trash Screens) located on Sixth Street (between Sierra Avenue and California Avenue), Hamner Avenue (between Sixth Street and Second Street) and Reservoir Drive. The project entailed the installation of trash capture screens within existing catch basins (See Project Exhibit). The project has already been completed at a construction cost of $46,517 for a total of 44 full capture trash screens installed in existing catch basins on Sixth Street, Hamner Avenue and Reservoir Drive. The City is required to install full trash capture screens in priority areas per the "Trash Amendments" adopted by the State Water Board in 2015. Per the amendments each MS4 permittee must choose a Compliance Track (Norco is on Track 1) and be in full compliance by 2027 (See Trash Amendments Summary).

RCFC&WCD previously agreed to enter into a Cooperative Funding Agreement for design and installation of the proposed trash capture facilities. The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution (See Funding Agreement).

The total project cost for the installation of 44 full capture trash screens was $47,184.

RCFC&WCD has agreed to contribute fifty percent (50%) funding of the contract bid price, resulting in a not too exceed contribution amount of $23,258.50.

Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management.

FISCAL IMPACT:

The Catch Basin Retrofit Project (Trash Screens) was approved as a Capital Improvement Project (CIP) for Fiscal Years 2018-2019. Funds in the amount of $50,000 were carried over to FY 2022-2023 (Project No. 4214.23; Account No. 129.935.43180).

Total costs incurred to date are $47,184 in construction costs.

RELATIONSHIP TO STRATEGIC PLAN:

Execution of the Cooperative Funding Agreement for the Catch Basin Retrofit Project (Trash Screens) 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):

Project Exhibit
Trash Amendments Summary
Funding Agreement

SHEET 1 OF 3

CB #1 CB #2 CB #3 CB #4 CB #5 CB #6 CB #7 CB #8 CB #9 CB #10 CB #11 CB #12 SHEET 2 OF 3

6 CB #17 CB #13 CB #14 CB #15 CB #16 CB #18
SHEET 3 OF 3

SHEET 1 OF 4

CB #19 CB #20 CB #21 CB #23 CB #26 CB #27 CB #22 CB #24CB #25 SHEET 2 OF 4

CB #32 CB #28 CB #30 CB #33 CB #34 CB #29 CB #31 CB #35 CB #42 CB #37 CB #36 CB #38 CB #39 CB #40 CB #41 CB #43 SHEET 3 OF 4

CB #44
SHEET 4 OF 4

WAIERSV Izvvlnu
RiV0|'Sill0C?lllllyWatershedPI'0lBCli0ll P'02l‘
"Tl'?Sll ?llI

TRASH AMENDMENTS
OnApril7, 2015,the StateWaterBoardadoptedAmendments
to two(2)WaterQualityControlPlans:
0 OceanPlan
o InlandSurfaceWatersPlan
Together, they are collectivelyreferred to as the "Trash Amendments". The U.S. EPA approved the Trash
AmendmentsonJanuary12,2016.

TheTrash Amendmentsincludethe following:
o The Trash Amendmentsapply to all surface
watersofthe State
0 The dischargeof trash to surfacewaters of the
State or the depositionoftrashwhere it may be
discharged intosurfacewaters of the State is
prohibited

PRIORITY LAND USES
MS4 Permitteeswith regulatoryauthorityover priorityland usesshallcomplywiththe TrashAmendments.

Priorityland uses are developed sites which include:

HighDensityResidential(10DwellingUnits/Acre)
Industrial
Commercial
MixedUrban
PublicTransportationStations
AlternativeAreas
OtherAreasDeterminedbytheState

COMPLIANCE TRACKS
MS4 Permitteesshall select from the followingtwo (2)
compliancetracks:

Track1 shall:
- Install, operate, and maintain full capture
systems for allstorm drainsthat capturesrunof
fromthe prioritylanduses intheirjunsdictions f
Track2 shall:
a Install,operate, and maintainanycombinationof
fullcapturesystems,multi-benefitprojects,othe
treatmentcontrols,and/orinstitutionalcontrols r
o Create an implementationPlan that describe
the rationalfor the controls selected,showthe
combinationof controlsis designed to achiev
fullcapture systems equivalencyand howe ful
capture systems equivalency will lbe
demonstrated

TIME SCHEDULE
0 December2, 2015 - Of?ceof AdministrativeLa
approvedtheTrashAmendments w
0 Within 18 months, the MS4 Permitteeswil
receive notice from their respective Regiona l
Water Quality Control Board to select l a
complianceTrack
- TheMS4Permitteewillhave 3 monthsto electto
complywithTrack1 orTrack 2
o If Track 2 is selected, the M84 Permitteewil
have 18 monthsto developa planfromthe date l
ofthe implementingpermit
0 Annual reports need to show average load
reductionsof10%achievementperyear
0 10yearsto provideproofof fullcompliancefro
the date ofthe implementingpermit.Proofofmfull
capturesystemsinstallationis required
0 The approximate compliance year is 2027
May 2016

RIVERSID CQU

http://www.waterboards.ca.gov/water_issues/programs/trash_contro|/ Certifiedmpproved other Actions
FuilCapture Systems

COMPLIANCE OPTIONS
FOUND
, On Land Estab»lisi1ed Operatm" and Visual BMPPerformance Maintenance Assessments Standard LIESTIONS AND ANSVVERS:

Isthere existing trash capture plans, approved devices and efforts already underway? Yes, the Bayarea and LosAngeleshave beenaddressingsimilarrequirementsfor approximatelythe last 10 years. Anyne deviceswillhaveto be approvedbythe StateWaterBoard. w
Isthere a single location where Icouldfindmanyofthe existing documents? TheDistrictwillbe postingexistingplansanddocumentson theirwebsite.

Arewegoingto address this issue as part ofourregionalMS4programs? As of now, each MS4 Permittee is responsibleto complywiththe trash amendmentsfor the priorityland uses withinthei jurisdiction.TheDistrictiswillingto assisthoweverpossibleand is open to ideas. r Q: Willa landuse map be provided?
A: Yes, the Districthas providedpreliminarymappingbased on existingland uses. However,it is up to each MS4Permitteeto determineprion'tyland usesforcompliance.

May 2016

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FUNDING AGREEMENT
Norco Minor Drainage Improvements – Catch Basin Retrofit Project Project No. 2-0-10022
This Funding Agreement ("Agreement"), dated as of __________________, 2022, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:

RECITALS
A. DISTRICT has budgeted for, and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco Minor Drainage Improvements – Catch Basin Retrofit Project ("PROJECT"); and B. These IMPROVEMENT PLANS generally consist of the following:
i. Retrofitting existing catch basins and installing trash capture devices along 6th Street and Hamner Avenue which will adequately collect and convey local flows within CITY-held easements or rights of way; and
C. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2022/2023; and
D. CITY desires that DISTRICT contribute funding toward the construction of PROJECT; and
E. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITALS 'F'; and F. DISTRICTꞌs financial contribution to PROJECT shall be as follows, subject to the not to exceed amount provided herein: Up to fifty percent (50%) of the lowest responsive

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and responsible bid contract amount for the construction of PROJECT ("TOTAL DISTRICT CONTRIBUTION"). TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Twenty-Three Thousand Two Hundred Fifty-Eight Dollars and Fifty Cents ($23,258.50); and
G. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
H. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to The California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.

3. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the

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time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto.

4. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

5. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for TOTAL DISTRICT CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Twenty-Three Thousand Two Hundred FiftyEight Dollars and Fifty Cents ($23,258.50) for PROJECT. Bid contract amount shall be supported by a copy of CITY's bid abstracts for PROJECT.

6. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

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7. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.

8. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.

9. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY employees on the site.

10. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.

11. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.

SECTION II
DISTRICT shall:

1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY's invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed, Twenty-Three Thousand Two Hundred FiftyEight Dollars and Fifty Cents ($23,258.50) for PROJECT.

2. Not be responsible to pay any amounts that exceed the TOTAL DISTRICT CONTRIBUTION for PROJECT.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Twenty-Three Thousand Two Hundred Fifty-Eight Dollars and Fifty Cents ($23,258.50) and shall be used by CITY solely for

246912
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the purpose of constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. In the event the actual construction cost for PROJECT is less than the bid contract amount, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.

3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.

4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.

5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

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6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.

7. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

8. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division

9. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of

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this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.

11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

12. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.

14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement.

15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with

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an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//

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

RIVERSIDE COUNTY FLOOD CONTROL

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

MINH TRAN
County Counsel

KECIA HARPER
Clerk of the Board
By

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Norco
Norco Minor Drainage Improvements – Catch Basin Retrofit Project Project No. 2-0-10022
11/07/22
MS:AMR:bmm

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RECOMMENDED FOR APPROVAL: CITY OF NORCO
By

GREG NEWTON
Mayor
APPROVED AS TO FORM: ATTEST:

By

HARPER & BURNS, LLP
City Attorney
By
Diane Germain, CMC
Deputy City Clerk
(SEAL)
Funding Agreement with City of Norco
Norco Minor Drainage Improvements – Catch Basin Retrofit Project Project No. 2-0-10022
11/07/22
MS:AMR:blm
Date _________________ December 7, 2022_____

City Council

STAFF REPORT
Date: December 7, 2022 Agenda Item:

2.F.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

City Council Holiday Meeting Schedule
RECOMMENDATION:

Cancel City Council meeting scheduled for Wednesday January 4, 2022.

SUMMARY:

Due to City Hall Holiday closures, vacations and commitments it is being proposed that the City Council cancel the regular meeting of Wednesday January 4, 2022.

If there are any time-sensitive items that necessitate City Council action, a special City Council meeting will be called and noticed.

BACKGROUND:

Set by Resolution, the City Council meets the first and third Wednesday of every month.

FISCAL IMPACT:

There is no fiscal impact.

RELATIONSHIP TO STRATEGIC PLAN:

This is consistent with Strategic Direction #4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

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: December 7, 2022 Agenda Item:

2.G.

To: Honorable Mayor and City Council Members
Prepared By: Cindy Balderas, Human Resources Manager
Department: Human Resources
SUBJECT:

Consideration of a Side Letter Agreement and Policy for Employer-Paid Training California Commercial Driver’s License for the Utility Workers Union of America, Local 606
RECOMMENDATION:

Approval of a Side Letter Agreement and Policy for Employer-Paid Training California Commercial Driver’s License for the Utility Workers Union of America, Local 606 with an effective date of July 1, 2022.

SUMMARY:

The City of Norco’s California Commercial Driver’s License Paid Policy is to reduce the financial burden on new hires that are required to obtain and maintain a commercial driver’s license (CDL) as a condition of employment.

BACKGROUND:

On February 7, 2022, the California Department of Motor Vehicles (DMV) announced new CDL applicants are required to provide proof of entry-level driver training, from a training provider listed on the Federal Motor Carrier Safety Administration Training Provider Registry, before taking a CDL skills test. The cost for this mandatory training can be a financial burden on new hires that are required to obtain a CDL as a condition of passing probation.

The City Negotiating Team and Local 606 representatives have met and conferred on the matter and agreed on a side letter to offer this benefit to employees.

Employees will have the option to have the City cover the cost for an entry-level driver training course in order to obtain a California Commercial Driver’s License (CA CDL) Class A or B as a condition of their employment. The City will work directly with a licensed CDL training facility that will invoice the City directly.

Employees requesting that the City pay for their training to obtain their CA Commercial CDL will be subject to reimbursing the City based on the schedule set forth in the Employer-Paid Training California Commercial Driver’s License Policy and corresponding Payroll Repayment Agreement. The schedule is valid for two years after the employee passes probation. If an employee remains with the City for two years after passing probation, then no repayment will be required.

This is a one-time benefit. If for any reason the employee re-takes the course or DMV test, the employee will be responsible for the entire cost.

FISCAL IMPACT:

The impact to the Fiscal Year 2022-2023 budget would be approximately $20,000 to $30,000. The cost will be covered by salary savings from applicable department's FY 2022-2023 Operating Budgets.

RELATIONSHIP TO STRATEGIC PLAN:

This action is consistent with Strategic Plan Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.

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):

City Policy CDL Paid Training
Side Letter Agreement
Payroll Repayment Agreement

11/21/2022
Policy for Employer-Paid Training
California Commercial Driver’s License
Purpose
The purpose of the City of Norco’s California Commercial Driver’s License Paid Policy is to reduce the financial burden on new hires that are required to obtain and maintain a commercial driver’s license (CDL) as a condition of employment.

On February 7, 2022, the California Department of Motor Vehicles (DMV) announced new CDL applicants are required to provide proof of entry-level driver training, from a training provider listed on the Federal Motor Carrier Safety Administration Training Provider Registry, before taking a CDL skills test.

Training providers are required to register with the Federal Motor Carrier Safety Administration and to be able to electronically submit a driver’s certification when training is successfully completed.

In addition to the new federal requirements, Class A or B CDL applicants in California must complete a minimum of 15 hours of behind-the-wheel training and submit proof of completion to the DMV.

The new training requirements are mandatory for applicants who are:
• Obtaining an original CDL (Class A or B).
• Upgrading an existing Class B CDL to a Class A CDL.
• Obtaining a school bus, passenger or hazardous materials endorsement.

Scope
The scope of the City of Norco’s California Commercial Driver’s License Paid Policy is to provide paid training for new hires completing their probationary period. Eligible employees shall successfully complete at least six-months of probation before they can request for the paid CDL training.

The City will work directly with a licensed CDL training facility that will invoice the City directly. The employee must update their direct supervisor and provide a training schedule with weekly updates on their progress.

Employees must obtain prior approval from their Department Head prior to the employee taking the approved training. Any time that the employee spends in taking approved training to obtain a CDL will not be considered work time or otherwise be compensable.

Accordingly, employees will not be entitled or authorized to receive overtime compensation for participating in training or testing to receive a CDL. The Department Head has the discretion to approve or deny the employee’s request to attend training that conflicts with the City’s daily operations.

Policy for Employer-Paid Training
California Commercial Driver’s License
Continued

Policy Guidelines
The City of Norco will pay up to 100% of the employee’s preapproved training costs directly billed by the training provider to the City. The employee shall sign an agreement with the City of Norco acknowledging that they shall reimburse the City for the training costs paid by the City under the following circumstances:
1) If Employee is separated from employment with the City (voluntarily or involuntarily) and fails probation, which is defined as at-will with no vested property right in their jobs and may be terminated at any time, without cause, and without right of appeal; 2) Employee does not satisfy all requirements of the training under the Training Program/Provider and does not timely (“timely” as determined by the City) obtain the required CDL as a condition of employment; or
3) Employee leaves employment with the City (voluntarily or involuntarily) or otherwise fails to maintain a valid CDL as a condition of employment, within a two-year period commencing after the end of employee’s probation end date.

The City’s coverage of training costs outlined in this Policy is a one-time benefit. If the employee needs to re-take the training course or DMV test for any reason, the employee will be responsible for the entire cost. If an employee remains with the City for one to two years after passing probation, then the employee’s obligation to repay the City will be modified according to the following schedule:
1st Year Anniversary of successfully passing probation– employee reimbursement to the City is reduced by 50% of the training costs covered by the City. 2nd Year Anniversary successfully passing probation– employee reimbursement to the City is reduced by 100% of the training costs covered by the City.

SIDE LETTER AGREEMENT TO THE
JULY 1, 2022 TO JUNE 30, 2023

MEMORANDUM OF UNDERSTANDING
BETWEEN THE UTILITY WORKERS UNION OF AMERICA, LOCAL 606,

AND THE CITY OF NORCO
This Side Letter of Agreement (Agreement) is entered into by and between the Utility Workers Union of America, Local 606 (Local 606) and the City of Norco (City) effective July 1, 2022. The items listed in this Agreement shall supersede any provisions included in the current Memorandum of Understanding (MOU). The parties agree to the following Terms and Conditions:

Article 3 SALARIES
Section 3. Commercial Driver’s License (new section)
Employees will have the option to have the City cover the cost for an entry-level driver training course in order to obtain a California Commercial Driver’s License (CA CDL) Class A or B as a condition of their employment. The City will work directly with a licensed CDL training facility that will invoice the City directly.

Employees must obtain prior approval from their Department Head prior to the employee taking the approved training. Any time that the employee spends in taking approved training to obtain a CDL will not be considered work time or otherwise be compensable. Accordingly, employees will not be entitled or authorized to receive overtime compensation for participating in training or testing to receive a CDL. The employee must update their direct supervisor and provide a training schedule with weekly updates on their progress. The Department Head has the discretion to approve or deny the employee’s request to attend training that conflicts with the City’s daily operations.

Employees requesting that the City pay for their training to obtain their CA Commercial CDL will be subject to reimbursing the City based on the schedule set forth in the Employer-Paid Training California Commercial Driver’s License Policy and corresponding Payroll Repayment Agreement. The schedule is valid for two years after the employee passes probation. If an employee remains with the City for two years after passing probation, then no repayment will be required.

This is a one-time benefit. If for any reason the employee re-takes the course or DMV test, the employee will be responsible for the entire cost.

For the CITY: For Local 606:
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Lori Sassoon, City Manager Luke Matson, President