AGENDA
City Council
Wednesday, March 15, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
WORKSHOP - CITY HALL, 2870 CLARK AVENUE, CONF. ROOM A & B Recycled Water System Discussion - continued
CLOSED SESSION - 6:00 PM - CITY HALL CONF. ROOMS A AND B §54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN 131-191-012 on Hamner Ave.
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§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
RECONVENE PUBLIC SESSION - 7:00 PM - COUNCIL CHAMBER
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Council Member Kevin Bash
INVOCATION Rabbi Suzanne Singer
Temple Beth El
PRESENTATIONS Proclamation
National Women's History Month
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
City Council Agenda - March 15, 2023
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 March 1, 2023.
Staff Report - Pdf
2.C. Recap of Actions Taken by Planning Commission at its Meeting of March 8, 2023.
RECOMMENDATION:
Receive and File
Staff Report - Pdf
2.D. Approve Purchase of Livestock and Small Animal Pens RECOMMENDATION:
Approve the Purchase of Livestock and Small Animal Pens from CageCo Inc. in the amount of $137,100 for events at The Barn.
Staff Report - Pdf
City Council Agenda - March 15, 2023
2.E. Increasing Revenue, Appropriation and Expenditure from the FY2022 Emergency Management Performance Grant (EMPG) Program in the Amount of $19,046 for Emergency Operations Center (EOC) Upgrades RECOMMENDATION:
Adopt Resolution No. 2023-10, accepting EMPG funds in amount of $9,523 and agreeing to match with a contribution of $9,523 for upgrades and enhancements to the EOC.
Staff Report - Pdf
2.F. Amend of Fiscal Year 2023-2027 Capital Improvement Program (CIP) to include additional funding for the Third Street Pavement Project (Hillside Ave to Temescal Ave); and accept bids and award contract for the Third Street Pavement Project.
RECOMMENDATION:
Approve an amendment to the FY 2023-2027 CIP to include additional funding for the Third Street Pavement Project (Hillside to Temescal Avenues); accept the bids and award a contract for the Third Street Pavement Project (Hillside Ave to Temescal Ave) to I E General Engineering, Inc. in the amount of $863,685; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
2.G. Amend Fiscal Year 2023-2027 Capital Improvement Program (CIP) to include additional funding for the Trotter Trail Roadway Construction Project; and accept bids and award contract for the Trotter Trail Roadway Construction Project.
RECOMMENDATION:
Approve an amendment to FY 2023-2027 CIP to include additional funding for the Trotter Trail Roadway Construction Project; accept the bids and award a contract for the Trotter Trail Roadway Construction Project to Hillcrest Contracting, Inc. in the amount of $434,555; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
2.H. New Observance Request: World Wish Day
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize World Wish Day.
Staff Report - Pdf
City Council Agenda - March 15, 2023
2.I. Ratification of agreements for emergency repair services and geotechnical investigation related to the slope erosion on River Drive.
RECOMMENDATION:
Ratify the City Manager's emergency actions to approve agreements with Converse Consultants in the amount of $49,077 and Hardy and Harper in the amount of $29,800, along with the issuance of purchase orders for each vendor including up to 10% contingency for the Hardy and Harper Proposal; and allocate $85,000 from Measure R Funds to fund the emergency work.
Staff Report - Pdf
2.J. Consider cost proposal from Raftelis to conduct Water and Sewer Operational Assessment for the City of Norco.
RECOMMENDATION:
Accept the proposal from Raftelis in the amount of $49,995 to conduct a Water and Sewer Operational Assessment for the City of Norco, and authorize the City Manager to issue a purchase order, including up to 10% contingency.
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. 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 - March 15, 2023
5.A. Consideration of the establishment of a George Ingalls Veterans Memorial Executive Commission
RECOMMENDATION:
It is recommended that the City Council and discuss and provide direction concerning the specific commission structure and operations, and then direct staff to prepare an Ordinance to establish the Commission.
Staff Report - Pdf
5.B. Landscape Maintenance Districts Proposition 218 status update and consideration of next steps
RECOMMENDATION:
Review the assessment ballot options for Landscape Maintenance Districts 1, 2 and 3; and Authorize staff to initiate the Proposition 218 process to seek property owner approval for Landscape Maintenance District 2 with a proposed increase of 16%, and Landscape Maintenance District 3 with a proposed increase of 19%.
Staff Report - Pdf
5.C. Discuss and Take Possible Action concerning a City Council Vacancy RECOMMENDATION:
Discuss options and preferences with regard to filling the existing vacancy on the City Council.
Staff Report - Pdf
5.D. Consideration of a professional services agreement with California Strategies to assist the city of Norco in efforts to underground the Riverside Transmission Reliability Project (RTRP)
RECOMMENDATION:
It is recommended that the City Council approve the agreement, and amend the FY 2022/23 Budget to appropriate funds for this expense a indicated in the staff report.
Staff Report - Pdf
6. PUBLIC HEARING(S)
City Council Agenda - March 15, 2023
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
6.A. Appeal Hearing: An appeal of the Planning Commission approval of Variance 2023-01 (Bacarella/Jones): A request for a Variance from the minimum net lot size requirement of 20,000 square feet of Norco Municipal Code Section 18.13.10 – “Lot and Pad Area” in the A-1 Zone, to allow a lot line adjustment on a vacant parcel on Southfork Drive with the APN 133- 340-023 and located within the A-1 (Agricultural Low Destiny) Zone.
RECOMMENDATION:
Uphold the determination of the Planning Commission and approve Variance 2023-01
Staff Report - Pdf
7. CITY COUNCIL / STAFF COMMUNICATIONS
8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
2.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: March 15, 2023 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 March 1, 2023.
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):
Draft Minutes
DRAFT - MINUTES
City Council
Wednesday, March 1, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
CLOSED SESSIONS
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs: 121-110-001 Bluff and 121-110-003 River Road City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APN: 129-020-041 - American Tower
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§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
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated there was no reportable actions taken in Closed Session.
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Daniel Kitheka
Beacon Hill Assembly of God
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
Mayor Grundmeyer and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
City Council Minutes - March 1, 2023
2. CONSENT CALENDAR
Approval of Consent Calendar as presented
M/S NEWTON/BASH to approve the Consent Calendar items as presented. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
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
Approved the City Council Regular Meeting Minutes of February 15, 2023.
2.C. Extension and Amendment to the Norco Horseweek Committee Lease and Event Agreement
Approved Five (5) Years extension to Lease and Event Agreement for Norco Horseweek Committee with Amendments.
2.D. Update on the tract map entitlement application that involves the potential sale/exchange of property owned by the City of Norco, located at the Southeast corner of River Road and Bluff Street.
Received and Filed
2.E. Amendment of FY 2023-2027 Capital Improvement Program (CIP) to include additional funding for the MDP Line S-2 Storm Drain Project, acceptance of bids and award of Contract for the MDP Line S-2 Storm Drain Project Approved Increase Fiscal Year (FY) 2023-2027 CIP storm drain funding in the amount of $806,818 for the MDP S-2 Storm Drain Project; Increased FY 2023-2027 CIP Measure R Improvement Fund (132) funding in the amount of $585,927 for the street work and water infrastructure related work associated with the MDP Line S-2 Storm
City Council Minutes - March 1, 2023
Drain Project; accepted bids, awarded a contract to Mamco, Inc. dba Alabbasi for the MDP Line S-2 Storm Drain Project in the amount of $2,798,798; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
2.F. Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line S2 Storm Drain Project Approved the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District to design and construct the Norco MDP Line S-2 Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorized the Mayor to execute the agreement.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
No items were pulled
4. PUBLIC COMMENTS
Geoff Kahan spoke on behalf of the Veterans Committee on the loss of Ted Hoffman.
He yielded the remaining of his time to retired Sgt. Larry Eckhoff.
Sgt. Eckhoff stood at the podium, asked all Veterans present to stand, and delivered a hand salute to honor former Mayor Pro Tem Ted Hoffman.
5. DISCUSSION / ACTION ITEM(S)
5.A. Update on Improvements to the Code Enforcement Program Planning Director Robles presented the update on Code Enforcement Program.
Director Robles introduced Consultant Jana Cook, Gemini Training Solution, to present the report, with a PowerPoint presentation.
Planning Director Robles and Consultant Cook responded to questions and concerns from Mayor and Council Members.
Mayor Grundmeyer opened for public comment.
Bill Naylor spoke in favor of the recommendation, noting there are many issues with the current process that was addressed by the Consultant.
Mayor Grundmeyer closed public comment.
City Council Minutes - March 1, 2023
Mayor and Council Members commended staff and the Consultant on the work done, adding this is heading in the right direction pertaining to the City's Code Enforcement procedures. Motion was made.
M/S NEWTON/ALEMAN to receive and file the report. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.B. Request for a Twelve-Month Extension of Time for Approved Tentative Parcel Map 37939 (Frontier Homes II, LLC)
Council Member Aleman announced a potential conflict regarding real property, recused herself and left the room prior to the start of this item.
Planning Director Robles presented the report on extending the time to record the Tentative Parcel Map 37939.
Planning Director Robles answered questions and discussed concerns from the Mayor and Council Members.
Mayor Grundmeyer opened for public comment.
Scott A Sommer, attorney for Frontier, spoke on the applicant's behalf. He explained the reasoning in needing an extension, noting extensions are routine in nature, and that the map, as is, is consistent with the City's Strategic Plan.
Linda Chavez-Gaffney stated her residence is located behind this project, noting her concerns in allowing an extension, and the possibility in an additional 70 residential units.
Mayor Grundmeyer closed the public comment.
Council Member Newton stated that based on circumstances and challenges, he would suggest to a 90-day continuation of this request.
In response to Council Member Bash, City Manager Sassoon confirmed that tonight is simply to approve a continuation on the existing map, no changes are being presented.
Following further discussion motion was made.
City Council Minutes - March 1, 2023
M/S NEWTON/BASH for a continuance of 90-days on the request for a twelvemonth extension to record a final map corresponding with Tentative Parcel Map 37939. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: ALEMAN
6. CITY COUNCIL / STAFF COMMUNICATIONS
Council Member Bash reported to Public Works Director Blais that many tops/caps on the white vinyl fencing along horse trails are missing due to recent high winds.
Council Member Bash asked to agendize discussion regarding the Veterans Committee, suggesting it be organized like a Commission, with a Chair and Vice Chair, and include regular agendas and minutes.
M/S BASH/NEWTON to place a discussion item on the next agenda regarding the Veterans Committee. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Council Member Aleman shared that while attending regional meetings this week, all adjourned their individual meetings in former Mayor Pro Tem Hoffman's name.
7. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 8:02 p.m. with a moment of silence in honor of former Mayor Pro Tem Ted Hoffman.
__________________________
Diane Germain, CMC
Deputy City Clerk
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Recap of Actions Taken by Planning Commission at its Meeting of March 8, 2023.
RECOMMENDATION:
Receive and File
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Draft Minutes
MINUTES
Planning Commission
Wednesday, March 8, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Patricia Hedges, Chair
Jeff Shyu, Vice Chair
Danny Azevedo, Member
Fia Sullivan, Member
Tara Young, Member
PLEDGE OF ALLEGIANCE Commission Member Shyu
1. CONSENT CALENDAR
1.A. Approval of Planning Commission Meeting Minutes
M/S SHYU/AZEVEDO Approve the Planning Commission Meeting Minutes of February 8, 2023. The Motion was carried by the following roll call vote:
AYES: HEDGES, SHYU, AZEVEDO, SULLIVAN, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
3. PUBLIC COMMENTS
Bonnie Slager asked about the Bluff and River Rd. site development, she noted she was contacted from the developer, and the developer will be speaking at the American Legion 7p.m. on Thursday March 16th.
4. DISCUSSION / ACTION ITEM(S)
4.A. 2022 Housing Element Annual Progress Report (APR) for submittal to the California Department of Housing and Community Development (HCD) and to the Governor’s Office of Planning and Research (OPR)
Director Robles noted this item is for receive and file, however if anyone has any questions, please reach out.
Planning Commission Minutes - March 8, 2023
Vice Chair Shyu asked if the City would be in violation if RHNA numbers were not met during this review cycle, Director Robles noted the City would not.
M/S SHYU/YOUNG Planning Commission to receive and file. The Motion was carried by the following roll call vote:
AYES: HEDGES, SHYU, AZEVEDO, SULLIVAN, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4.B. 2023 Planning Commission Review on Accessory Building Regulations relating to Chapter 18.68 “Accessory Building Use Permits"
Planner Diaz presented the staff report on file and provided a Power Point presentation for all to view with a focused discussion on design of Large Vehicle Buildings and cargo containers under 240sqft. Director Robles added information about the process and history of the regulations.
Member Azevedo noted he wants to be here for the residents, by working with applicants to get a given project approved.
Member Sullivan had concerns in regards to the large buildings taking over a lot.
Member Sullivan also asked about the recommended requirements the cargo containers and Director Robles noted that the recommendations could be modified.
Member Young liked the creativity of how an applicant can meet the parameters of the requirements for Large Vehicle Buildings, and that placement and layout is important.
Vice Chair Shyu made note of issues with the square footage requirements of 1000sqft and 400sqft accessory, and noted the issues with the allowance of interior walls. Member Shyu noted that a note needs to be added that a cargo container is for storage only.
Chair Hedges asked if there is a standard size for a cargo container, Director Robles noted it needs to be kept under 240sqft and it would be reviewed at staff level, and must have some architectural elements. Chair Hedges noted that she does not have any issues with the creativity of how the applicant will get to the 1400sqf. for a Large Vehicle Building.
Member Azevedo noted he agrees with Chair Hedges in regards to the interior walls.
Planning Commission Minutes - March 8, 2023
Vice Chair Shyu requested the word "building" be removed from page 15, Section 18.68.20 Sec. B.
5. COMMISSION / STAFF COMMUNICATIONS
Chair Hedges requested that staff provide the Commission with a Commercial and Residential project update for items presented to Planning Commission.
Director Robles reminded members of the Commission Academy at the end of the month.
6. ADJOURNMENT
Chair Hedges adjourned the meeting at 7:35p.m.
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: City Council
SUBJECT:
Approve Purchase of Livestock and Small Animal Pens
RECOMMENDATION:
Approve the Purchase of Livestock and Small Animal Pens from CageCo Inc. in the amount of $137,100 for events at The Barn.
SUMMARY:
On February 15, 2023, the City Council approved a Mid-Year Budget adjustment of $235,000 for furniture, equipment, and website costs for The Barn. These items are an integral part of making the Barn ready for events which are scheduled to take place in August of 2023. One of the predominant events at the Barn will be livestock shows. During these events, animals will be shown, judged, and sold. The pens are needed to house these animals during these events.
The purchase of the pens in the amount of $137,100 is shown in Attachment A. As part of the architectural design for the Barn, the architect utilized a Barn Subcommittee approved livestock pen layout (Attachment B). Included in the livestock layout and the quote from CageCo Inc. is the following amount of pens:
Pen Type Amount
Steer Stall 12
Sheep Pen 68
Show Arena (40x40) 1
Turkey Pen 30
Poultry Pen 5
Pig Wash Pen 5
Hog Pen 40
Total 161
BACKGROUND:
CageCo Inc. is a distributor of high quality, durable, and long lasting pens that are made in America. The company specializes in the design and manufacturing of animal shelters and is one of the largest manufactures of corrals and shelters in the Western United States. All leading professional livestock shows utilize CageCo's products.
CageCo has held the same quote and price since 2021 for the City of Norco. The Barn Subcommittee has reviewed and recommended approval of the purchase of the pens from CageCo. It is recommended that the Council approve the purchase of the livestock pens in the amount not to exceed $137,100 from Cage Co. Inc.
FISCAL IMPACT:
An amount not to exceed $137,100 including tax and shipping is available and allocated for this purchase from the Measure R - Barn Project Fund (Account No. 132.940.43115 - Project No. 54410.1)
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment A
Attachment B
CageCbk
15555MainSt#D4-313
Hesperia,Ca 92345
800-605-4859
oontact@cagecoinc. com
Name / Address
Patty Ireland
Norco
11/16/2021 26968
Quote
Date Estimate #
Item
LSG44
LSP44
LSP48
HWPC158
LSG44
LSP44
HWPC158
LSG44
LSP44
LSP48
HWPC 158
HCCustom
HCCustom
KBARl58
HWPC158
LSG44
LSP44
LSP48
HWPC15 8
Description Qty
Livestock Gate Panel: 4'H x 4'W (6'H Door Frame) 40
Livestock Panel: 4'H x 4'W 40
Livestock Panel: 4'H x 8‘W 42
1-5/8" Panel Clamp 320
Subtotal
4'x8‘ HOG 2 ROWS @20 =40
Livestock Gate Panel: 4'H x 4'W (6'H Door Frame) 5
Livestock Panel: 4'H x 4'W 11
1-5/8" Panel Clamp 40
Subtotal
4'x4‘ POULTRY @5 pens
Livestock Gate Panel: 4'H x 4'W (6'H Door Frame) 20
Livestock Panel: 4'H x 4'W 10
Livestock Panel: 4'H x 8'W 22
1-5/8" Panel Clamp 160
Subtotal
4'x8‘ TURKEY2 ROWS @ 10 20
Custom Corral Panel: 1 5/8 Horse Corral Panel 6 26
Rail: 10'W x 6'H
Custom Corral Panel: 1 5/8 Horse Corral Gate 6 12
Rail: 10'W x 6'H
1-5/8" K-Bar Latch (Weld-On) 12
1-5/8" Panel Clamp 96
Subtotal
10'X10' STEER 2 ROWS @ 6 =12
Livestock Gate Panel: 4'H x 4'W (6'H Door Frame) 60
Livestock Panel: 4'H x 4'W 30
Livestock Panel: 4'H x 8'W 64
1-5/8" Panel Clamp 480
Subtotal
Total
www.CageColnc.com
Rate
306.25
210.25
268.30
7.98 306.25
210.25
7.98 306.25
210.25
268.30
7.98 413.50
515.25
28.75 7.98
306.25
210.25
268.30
7.98 Total
12,250.00T
8,410.00T
11,268.60T
2,553.6OT
34,482.20
1,531.25T
2,312.75T
319.2OT
4,163.20
6,125.00T
2,102.50T
5,902.6OT
1,276.80T
15,406.90
10,751.00T
6,183.00T
345.00T
766.08T
18,045.08
18,375.00T
6,307.50T
17,171 .2OT
3,830.40T
45,684.10
Project
CageCuk
15555MainSt #D4-313
Hesperia,Ca 92345
800-605-4859
contact@cagec0inc.
o0m
Name / Address
Patty Ireland
Norco
11/16/2021 26968
Quote
Date Estimate #
O Rate Total Item
LSP44
LSG44
HWPC158
HC15 8P84R
HCRG1 5864R
HC1 58RG64R
FP238 1IGA7
HWCAPS023 8
HWGHI 58
HWPH238
HWCHAINCLIP
HWPC158
Transport
Quote
Description
4'x8' SHEEP 4 ROWS @ 15 = 60
Livestock Panel: 4'H x 4‘W
Livestock Gate Panel: 4'H x 4‘W (6'H Door Frame)
1-5/8" Panel Clamp
Subtotal
4'x4' PIG WASH PENS @ 5
1 5/8 Horse Corral Panel 4 Rail: 8‘W x 5'H
1 5/8 Horse Corral Ranch Gate 4 Rail: 6'W x 5'H
2-3/8" X 7' 11GA Galvanized Steel Line Post
2-3/8" Post Cap Slip On
1-5/8" Gate Hinge
2-3/8" Post Hinge
3/16" Chain and double bolt snap
1 5/8 Horse Corral Ranch Gate 4 Rail: 6'W x 5'H
with2-3/8' x 7' Post 8. Hinges & 2-3/8" Cap
1-5/8" Panel Clamp
40’ x 40' Arena
Transportation Fee- ***SHlPDATES ARE
ESTIMATEDAND NOT GUARANTEED***
QUOTE VALIDITYANDACCEPTANCE
A quotation is valid same day of quotation only, no
exceptions. CageCo, Inc. may cancel an accepted
quotation by notifyingthe client in writing at any time prior to commencing work.
VARIATIONS
Any variation to a quotation must be agreed in
writing by the client and CageCo, Inc.
11 40
NA I\)l\J|\Jl\)G)
40 Total
www.CageColnc.com
210.25
306.25
7.98 180.30
141.65
79.80 5.92
5.98 6.73
9.20 7.98
1,195.00
0.00 2,312.75T
1.531.
25T319.20T
4,163.20
3,245.40T
283.30T
159.60T
11.84T
23.92T
26.92T
18.40T
523.98
319.20T
1,195.00T
0.00T
Project
CageCu
11/16/2021 26968
Quote
Date Estimate #
Total
15555MainSt #D4-313
Hesperia,Ca 92345
800-605-4859
[email protected]
Name /Address
Patty Ireland
Norco
Item Description Qty
INCREASED COSTS
A quotation is based on current material, labor,
freight and overhead costs. CageCo, Inc. reserves
the right to charge the client any increased costs
which may arise after the date of the quotation upon
the date of invoicing the sale.
PAYMENT, INTEREST AND RETENTIONS
When CageCo, Inc. submits an invoice the client
must pay CageCo, |nc.. The amount invoiced is to
be paid in full by the payment terms stated on the
invoice. The client is not entitled to deduct, offset or retain any amounts or withhold retentions from
payments, unless othem/ise speci?ed in a quotation
or invoice. All custom items are to be paid in full
prior to commencing work.
REFUNDS & RETURNS
Allsales are ?nal and not refundable. Any and all
shipping, delivery or freight costs are not
refundable. Clients are responsible for all return
freight costs. Shipping dates are not guaranteed
and are subject to change.
Please see the complete CAGECO INC TERMS
ANDCONDITIONSOF SALE athttp://cagecoinc.com/terms.pdf
Total
www.CageCo|nc.com
Rate
Project
Quote CEQQ Date Estimate #
15555MainSt #D4-313
Hesperia.Ca92345
800-605-4859
contact@cagecoinc. com
Name / Address
Patty Ireland
Norco
11/16/2021 26968
Item Description Rate Total
Sales Tax - SBC 7.75% 9,860.19
Total
www.CageCo|nc.com
$137,088.45
Project
The Barn Livestock Show Layout
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: William Otterman, Fire Chief
Department: Fire
SUBJECT:
Increasing Revenue, Appropriation and Expenditure from the FY2022 Emergency Management Performance Grant (EMPG) Program in the Amount of $19,046 for Emergency Operations Center (EOC) Upgrades
RECOMMENDATION:
Adopt Resolution No. 2023-10, accepting EMPG funds in amount of $9,523 and agreeing to match with a contribution of $9,523 for upgrades and enhancements to the EOC.
SUMMARY:
The major focus of the Emergency Management Performance Grant (EMPG) Program is to improve and enhance the ability of local cities and governing bodies to respond to disasters. The Emergency Operations Center (EOC) allows the City to properly respond to emergency incidents within the City. This grant will allow the City to continue with technological purchases to update and make the EOC easily accessible during disasters.
BACKGROUND:
The purpose of the Emergency Management Performance Grant (EMPG) Program is to provide federal funds to States to assist State, local, and tribal governments in preparing for all hazards. Funds provided under the EMPG must be used to support activities that contribute to the Operational Area’s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made.
Previous grants have been received by the City of Norco that provided the ability to update and maintain the Emergency Operations Center (EOC). The EOC allows the City to organize emergency events or incidents and properly assign resources and/or ask for assistance from the County’s Operational Area. This grant will allow the City to continue to make upgrades to technology, such as installing a new server rack, purchase a smart board, and install wireless access points in the City’s primary EOC.
FISCAL IMPACT:
Acceptance of the grant requires a dollar-for-dollar matching fund requirement. The total amount granted to the City was $9,523. The matching amount will be funded from the City’s Information Technology Fund.
RELATIONSHIP TO STRATEGIC PLAN:
Appropriation of matching funds for the Emergency Management Performance Grant is consistent with Strategic Direction #5 “Improve the quality of life by enhancing public safety services; Action Plan #5 “Complete all actions necessary to update City Emergency Operations Plan including training, development of checklist, communication protocols with residents and staff.”
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):
EMPG FY2022 Award Letter
EMPG Standard Assurances
Resolution No. 2023-10
450 E. ALESSANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
1/25/2023
City of Norco
Sarah Muro, Emergency Services Assistant
William Otterman, NW Division Chief
RE: FY22 Emergency Management Performance Grant Program (EMPG) Award - $9,523 Grant # 2022-0005 CFDA#: 97.042
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY22 Emergency Management Performance Grant Program (EMPG) application and has authorized the commencement of reimbursement requests. The performance period of this grant is July 1, 2022 (for personnel) January 25, 2023 (for equipment) – December 31, 2023. Final reimbursement requests are due no later than January 10, 2024.
Please remember that changes to your grant will require the approval of the OA prior to incurring any costs. All modifications, EHP’s, sole source procurement, EOC, and construction requests require additional approvals from CalOES through the OA prior to incurring any costs. Some of your projects may require these additional approvals.
Grant funds must be used to supplement existing funds, not replace funds that have been appropriated for the same purpose. Your Agency must not make or permit any award at any tier, to any party that is debarred. Documentation of eligibility must be obtained prior to making any agreement/payment with a vendor funded by EMPG funds. It is the Agency’s responsibility to obtain all additional approvals prior to expending the funds. Your Agency will also be responsible for providing all necessary documentation for reimbursements. If you are purchasing maintenance agreements, upgrades, service fees, etc. for your equipment or continuation of a service it is your responsibility to provide proof that these costs follow the guidelines of the grant.
A signed FY22 Grant Assurance and a signed Financial Management Forms Workbook (FMFW) Facesheet is required to be submitted to Riverside County EMD as soon as possible. Modifications and Reimbursement Requests cannot be processed until these documents are received. Please also note that this grant has a dollarfor-dollar match requirement.
By accepting this subaward, it is understood that your agency agrees to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY22 EMPG Grant Assurances, federal and state guidance, the Federal Single Audit Act of 1984 and amendment of 1996, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.
Please feel free to contact me for any further assistance.
Sincerely,
Louis Le
Administrative Services Analyst II
[email protected]
951-955-8525
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 1 of 15 Initials
As the duly authorized representative of the Applicant, I hereby certify that the Applicanthasthelegal authority toapply for federal assistanceandtheinstitutional, managerialandfinancialcapability(includingfundssufficienttopayanynon-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness GrantsManual;
(d) California Supplement to the NOFO;
(e) Riverside County Supplement; and
(f) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and thatany cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 2 of 15 Initials
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.
3. Lobbying and PoliticalActivities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperativeagreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employeeof Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with itsinstructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 3 of 15 Initials
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the Riverside County Operational Area Emergency Management Department (RivCo EMD) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.
The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions byany federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolenproperty;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination.
These include, but are not limited to, the following:
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 4 of 15 Initials
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.§ 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access andfunctional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sexmarriages;
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 5 of 15 Initials
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surfacewaters;
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 6 of 15 Initials
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic riverssystem.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 7 of 15 Initials
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with thisprovision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 8 of 15 Initials
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 ormore;
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 9 of 15 Initials
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervisionat the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 10 of 15 Initials
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) –
PROGRAM SPECIFIC ASSURANCES /CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 11 of 15 Initials
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any informationthatislinkedorlinkableto thatindividual.AllrecipientswhocollectPII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistanceawards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
27. Energy Policy andConservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
28. Federal DebtStatus
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 12 of 15 Initials
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
31. Non-supplantingRequirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
32. Patents and IntellectualPropertyRights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
2022 EMPG Standard Assurances Page 13 of 15 Initials
34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
35. Reporting of MattersRelated toRecipientIntegrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
36. USA Patriot Act of2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
38.Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the followingreasons:
(a) Failure to submit required reports.
(b) Failure to expend awarded funding.
2022 EMPG Standard Assurances Page 14 of 15 Initials
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
(c) Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances (at least every 6 months). (d) Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
(e) Failure to make satisfactory progress toward the goals or objectives set forth inthe Subrecipient application.
(f) Failure to follow grant agreement requirements or specialconditions. (g) False certification in the application or document. (h) Failure to adequately manage, monitor or direct the grant funding activities oftheir City/Agency.
39. Special Conditions
(a) Agency agrees to expend 100% of award.
(b) The scop of the project, D- Riverside COOP, shall not be modified once this agreement is signed. (c) Project to be completed by the end of 3/31/2023, which includes full payment to vendor. (d) All required documentation for reimbursement to be submitted no later than 4/10/2023. (e) Monthly progress reporting is required.
Failure to meet to meet the Special Conditions listed above will result in loss of funding.
2022 EMPG Standard Assurances Page 15 of 15 Initials
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCo EMD and/or Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCO EMD or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8.1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature ofAuthorized Agent:
Printed Name of Authorized Agent:
Title: Date:
City of Norco
03/15/2023
William Otterman
Division Chief
RESOLUTION NO. 2023-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA INCREASING REVENUE IN THE AMOUNT $9,523 FROM THE EMERGENCY MANAGEMENT PERFORMANCE GRANT; AND
INCREASING APPROPRIATION IN THE AMOUNT OF $19,046 IN THE
INFORMATION TECHNOLOGY FUND FOR THE PURCHASE OF SMART
BOARDS, WIRELESS ACCESS POINTS, AND A SERVER RACK TO
IMPROVE THE EMERGENCY OPERATIONS CENTER (EOC)
WHEREAS, the City of Norco desires to participate with State and local governmental agencies in improving responses to natural or man-made disasters through the EOC; and
WHEREAS, the City of Norco will receive, and accepts, an Emergency Management Performance Grant (EMPG) from the Governor’s Office of Homeland Security for Fiscal Year 2022 in the amount of $9,523 and agrees to match with a contribution of $9,523, funded from the City’s Information Technology Fund, for upgrades and to enhance the operation of the City of Norco Emergency Operation Center (EOC).
NOW, THEREFORE, be it resolved that the City Council of the City of Norco, California, does hereby increase revenue in the amount OF $9,523 from the Emergency Management Performance Grant; and increasing appropriation in the amount of $19,046 in the Information Technology Fund.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on March 15, 2023.
_________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________________
Diane Germain, CMC, Deputy City Clerk
City of Norco, California
Resolution No. 2023-10 – Increase revenue from EMPG for FY 2022
March 15, 2023
I, Diane Germain, CMC, Deputy City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting held on March 15, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 15, 2023.
________________________________
Diane Germain, CMC, Deputy City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: March 15, 2023 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Amend of Fiscal Year 2023-2027 Capital Improvement Program (CIP) to include additional funding for the Third Street Pavement Project (Hillside Ave to Temescal Ave); and accept bids and award contract for the Third Street Pavement Project.
RECOMMENDATION:
Approve an amendment to the FY 2023-2027 CIP to include additional funding for the Third Street Pavement Project (Hillside to Temescal Avenues); accept the bids and award a contract for the Third Street Pavement Project (Hillside Ave to Temescal Ave) to I E General Engineering, Inc. in the amount of $863,685; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the Third Street Pavement Project (Hillside Ave to Temescal Ave) were opened on February 28, 2023, with I E General Engineering, Inc. of Beaumont, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to I E General Engineering, Inc. in the amount of $863,685; authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount; and appropriate Fiscal Year (FY) 2023-2027 CIP Funding for this project in the amount of $500,000 for the Third Street Pavement Project.
BACKGROUND:
Plans and specifications for the Third Street Pavement Project (Hillside Ave to Temescal Ave) were advertised on January 30, 2023, with a bid opening date of February 28, 2023. A total of nine (9) bids were received with proposals ranging in value from $863,685 to $1,249,130. The bid summary analysis has been attached for Council’s review (Bid Summary Analysis). The Third Street Pavement Project entails general grading, pavement reconstruction, construct concrete driveways, curb and gutter and other improvements.
Staff has reviewed all the bids submitted and determined that I E General Engineering, Inc. of Beaumont, California as being the lowest responsible bidder in the amount of $863,685 (see I E General Engineering, Inc. Bid). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the Third Street Pavement Project.
The Third Street Pavement Project has an approved design and construction budget of $500,000 (Measure R Fund 132 - Project Numbers 54900.8; Account Numbers 132.930.43160 & 132.930.43160.30). Unfortunately, the approved budgeted amount for the project (based on past similar work) proved not to be sufficient based on the current market for construction costs that has impacted many other construction projects already this year. As a result, the $500,000 budgeted is insufficient to fund the low bid amount. Therefore, staff is recommending approval to amend the FY 2023-2027 CIP Budget for an additional appropriation in the amount of $500,000 to ensure sufficient funding for the project ($863,685), the 10% contingency, and for construction inspection services.
FISCAL IMPACT:
The Third Street Pavement Project was approved as a Capital Improvement Program (CIP) projects in the Measure R Fund 132 in Fiscal Year 2022-2023. Funds in the amount of $500,000 are not sufficient to fund the lowest bid amount including the 10% contingency, design and inspection costs. The Measure R Fund has an estimated available fund balance in the amount of $4.3 million. Additional funds will be appropriated for construction and inspection costs in the amount of $500,000 (Project Number 54900.8; Account Numbers 132.930.43160 & 132.930.43160.30).
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the Third Street Pavement Project 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):
Bid Analysis
Bid Proposal
Contract
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Clearing and Grubbing, Mobilization, & NPDES/SWPPP Requirements (Maximum 5% of the total base bid) LS 1 $30,000.00 $30,000.00 $40,000.00 $40,000.00 $32,875.00 $32,875.00 2 Grading & Unclassified Excavation LS 1 $50,000.00 $50,000.00 $20,000.00 $20,000.00 $38,361.00 $38,361.00 3 Traffic Control LS 1 $25,000.00 $25,000.00 $80,000.00 $80,000.00 $24,150.00 $24,150.004 Compaction Testing LS 1 $9,000.00 $9,000.00 $13,000.00 $13,000.00 $17,700.00 $17,700.005 Construction Staking & Monument Preservation LS 1 $12,000.00 $12,000.00 $36,000.00 $36,000.00 $22,816.00 $22,816.00 6 Adjust Existing Manhole to Finished Surface EA 17 $4,500.00 $76,500.00 $1,500.00 $25,500.00 $2,060.00 $35,020.00 7 Adjust Existing Valve Can and Cover to Finished Grade EA 20 $750.00 $15,000.00 $980.00 $19,600.00 $112.00 $2,240.00 8 Adjust Existing Water Meter and Box to Grade EA 6 $850.00 $5,100.00 $980.00 $5,880.00 $384.00 $2,304.00 9 Adjust Monitoring Well to Finished Surface EA 12 $1,400.00 $16,800.00 $980.00 $11,760.00 $1,133.00 $13,596.00 10 Adjust Existing Test Station to Grade EA 1 $3,000.00 $3,000.00 $1,400.00 $1,400.00 $1,815.00 $1,815.00 11 Remove AC Pavement & AC Berm SF 75,000 $1.25 $93,750.00 $0.80 $60,000.00 $1.45 $108,750.00 12 Remove Existing P.C.C. Curb & Gutter LF 100 $29.00 $2,900.00 $11.00 $1,100.00 $61.00 $6,100.00 13 Remove Existing P.C.C. SF 1,200 $3.25 $3,900.00 $3.00 $3,600.00 $9.65 $11,580.0014 Remove Existing Tree EA 1 $7,000.00 $7,000.00 $6,100.00 $6,100.00 $4,615.00 $4,615.00 Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) I E General Engineering, Inc. All American Asphalt Wheeler Paving
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) I E General Engineering, Inc. All American Asphalt Wheeler Paving 15 Construct 4" Curb Only per City of Norco Std. Dwg. No. 200, Modified Type "A". Drill and Anchor Curb into Existing Catch Basin. LF 25 $60.00 $1,500.00 $67.00 $1,675.00 $204.90 $5,122.50 16 Construct 6" Integral Curb and Gutter per City of Norco Std. Dwg. No. 200, Type "C" LF 3,750 $35.00 $131,250.00 $50.00 $187,500.00 $41.10 $154,125.00 17 Construct 6" Curb and Gutter per SPPWC Std. Dwg. No. 120-3. Type A3-6 LF 30 $45.00 $1,350.00 $79.00 $2,370.00 $51.30 $1,539.00 18 Construct Curb Transition from Standard to Spillout Curb and Gutter LF 20 $65.00 $1,300.00 $82.00 $1,640.00 $51.30 $1,026.00 19 Construct Gutter Transition per Detail on Sheet 8 of Plans LF 95 $80.00 $7,600.00 $247.00 $23,465.00 $47.50 $4,512.50 20 Construct Cross Gutter and Spandrel per City of Norco Std. Dwg. No. 225 SF 1,150 $14.50 $16,675.00 $30.00 $34,500.00 $19.00 $21,850.00 21 Construct Residential Driveway Approach with Equestrian Trail per City of Norco Std. Dwg. No. 245 SF 2,800 $9.00 $25,200.00 $15.00 $42,000.00 $22.50 $63,000.00 22 Construct Residential Driveway Approach per City of Norco Std. Dwg. No. 240 SF 3,200 $8.50 $27,200.00 $15.00 $48,000.00 $16.00 $51,200.00 23 Construct 6" P.C.C. Pavement SF 900 $14.00 $12,600.00 $12.00 $10,800.00 $9.20 $8,280.00
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) I E General Engineering, Inc. All American Asphalt Wheeler Paving 24 Construct 6" A.C. Berm LF 80 $80.00 $6,400.00 $74.00 $5,920.00 $110.00 $8,800.0025 Construct 4" A.C. C2-PG 64-10 Driveway SF 260 $24.00 $6,240.00 $6.00 $1,560.00 $28.20 $7,332.00 26 1.5" Cold Mill Existing Pavement SF 700 $10.00 $7,000.00 $3.00 $2,100.00 $10.00 $7,000.0027 Construct 2.5" AC (B-PG 64-10) Ton 980 $145.00 $142,100.00 $99.00 $97,020.00 $126.40 $123,872.0028 Construct 1.5" AC (C2-PG 64-10) Ton 590 $173.00 $102,070.00 $99.00 $58,410.00 $138.00 $81,420.00 29 Construct Modified Local
Depression PerRCFCD Std. DWG No. LD201 SF 125 $22.00 $2,750.00 $30.00 $3,750.00 $49.50 $6,187.50 30 Relocate Existing Mailbox EA 25 $400.00 $10,000.00 $690.00 $17,250.00 $305.00 $7,625.0031 Signing & Striping LS 1 $12,500.00 $12,500.00 $12,000.00 $12,000.00 $14,240.00 $14,240.00 Subtotal $863,685.00 $873,900.00 $889,053.50Total $863,685.00 $873,900.00 $889,053.50
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty
1 Clearing and Grubbing, Mobilization, & NPDES/SWPPP Requirements (Maximum 5% of the total base bid) LS 1 2 Grading & Unclassified Excavation LS 1
3 Traffic Control LS 14 Compaction Testing LS 15
Construction Staking & Monument Preservation LS 1
6 Adjust Existing Manhole to Finished Surface EA 17
7 Adjust Existing Valve Can and Cover to Finished Grade EA 20 8 Adjust Existing Water Meter and Box to Grade EA 6
9 Adjust Monitoring Well to Finished Surface EA 12
10 Adjust Existing Test Station to Grade EA 1
11 Remove AC Pavement & AC Berm SF 75,000
12 Remove Existing P.C.C. Curb & Gutter LF 100
13 Remove Existing P.C.C. SF 1,20014 Remove Existing Tree EA 1 Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) Unit Price Line Total Unit Price Line Total Unit Price Line Total $37,950.00 $37,950.00 $23,000.00 $23,000.00 $32,000.00 $32,000.00 $148,000.00 $148,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 $72,000.00 $72,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00$11,000.00 $11,000.00 $15,675.00 $15,675.00 $20,000.00 $20,000.00$55,000.00 $55,000.00 $55,000.00 $55,000.00 $31,000.00 $31,000.00 $1,200.00 $20,400.00 $700.00 $11,900.00 $1,000.00 $17,000.00 $500.00 $10,000.00 $150.00 $3,000.00 $150.00 $3,000.00
$1,200.00 $7,200.00 $700.00 $4,200.00 $300.00 $1,800.00$1,200.00 $14,400.00 $900.00 $10,800.00 $1,000.00 $12,000.00$1,200.00 $1,200.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $0.80 $60,000.00 $1.60 $120,000.00 $3.00 $225,000.00
$27.00 $2,700.00 $20.00 $2,000.00 $15.00 $1,500.00
$8.00 $9,600.00 $3.30 $3,960.00 $4.00 $4,800.00
$7,000.00 $7,000.00 $3,250.00 $3,250.00 $6,000.00 $6,000.00 Onyx Paving Company, Inc. Eagle Paving Company, Inc. DM Contracting, Inc.
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) 15 Construct 4" Curb Only per City of Norco Std. Dwg. No. 200, Modified Type "A". Drill and Anchor Curb into Existing Catch Basin. LF 25 16 Construct 6" Integral Curb and Gutter per City of Norco Std. Dwg. No. 200, Type "C" LF 3,750 17 Construct 6" Curb and Gutter per SPPWC Std. Dwg. No. 120-3. Type A3-6 LF 30 18 Construct Curb Transition from Standard to Spillout Curb and Gutter LF 20 19 Construct Gutter Transition per Detail on Sheet 8 of Plans LF 95 20 Construct Cross Gutter and Spandrel per City of Norco Std. Dwg. No. 225 SF 1,150 21 Construct Residential Driveway Approach with Equestrian Trail per City of Norco Std. Dwg. No. 245 SF 2,800 22 Construct Residential Driveway Approach per City of Norco Std. Dwg. No. 240 SF 3,200 23 Construct 6" P.C.C. Pavement SF 900
Unit Price Line Total Unit Price Line Total Unit Price Line Total Onyx Paving Company, Inc. Eagle Paving Company, Inc. DM Contracting, Inc. $100.00 $2,500.00 $63.80 $1,595.00 $55.00 $1,375.00
$40.00 $150,000.00 $62.70 $235,125.00 $45.00 $168,750.00$40.00 $1,200.00 $66.00 $1,980.00 $48.00 $1,440.00$40.00 $800.00 $66.00 $1,320.00 $55.00 $1,100.00 $100.00 $9,500.00 $66.00 $6,270.00 $60.00 $5,700.00
$18.00 $20,700.00 $20.90 $24,035.00 $18.00 $20,700.00$12.00 $33,600.00 $27.50 $77,000.00 $16.00 $44,800.00 $9.00 $28,800.00 $26.40 $84,480.00 $14.00 $44,800.00
$13.00 $11,700.00 $19.80 $17,820.00 $10.00 $9,000.00
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) 24 Construct 6" A.C. Berm LF 8025
Construct 4" A.C. C2-PG 64-10 Driveway SF 260
26 1.5" Cold Mill Existing Pavement SF 70027 Construct 2.5" AC (B-PG 64-10) Ton 98028 Construct 1.5" AC (C2-PG 64-10) Ton 590
29 Construct Modified Local
Depression PerRCFCD Std. DWG No. LD201 SF 125
30 Relocate Existing Mailbox EA 2531 Signing & Striping LS 1 Unit Price Line Total Unit Price Line Total Unit Price Line Total Onyx Paving Company, Inc. Eagle Paving Company, Inc. DM Contracting, Inc. $27.00 $2,160.00 $25.00 $2,000.00 $24.00 $1,920.00$15.00 $3,900.00 $16.00 $4,160.00 $5.00 $1,300.00 $0.60 $420.00 $2.75 $1,925.00 $6.00 $4,200.00
$111.00 $108,780.00 $85.00 $83,300.00 $140.00 $137,200.00$111.00 $65,490.00 $92.00 $54,280.00 $140.00 $82,600.00 $40.00 $5,000.00 $27.00 $3,375.00 $20.00 $2,500.00
$520.00 $13,000.00 $350.00 $8,750.00 $650.00 $16,250.00 $13,000.00 $13,000.00 $13,300.00 $13,300.00 $27,000.00 $27,000.00 $927,000.00 $930,000.00 $976,235.00$927,000.00 $930,000.00 $976,235.00
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty
1 Clearing and Grubbing, Mobilization, & NPDES/SWPPP Requirements (Maximum 5% of the total base bid) LS 1 2 Grading & Unclassified Excavation LS 1
3 Traffic Control LS 14 Compaction Testing LS 15
Construction Staking & Monument Preservation LS 1
6 Adjust Existing Manhole to Finished Surface EA 17
7 Adjust Existing Valve Can and Cover to Finished Grade EA 20 8 Adjust Existing Water Meter and Box to Grade EA 6
9 Adjust Monitoring Well to Finished Surface EA 12
10 Adjust Existing Test Station to Grade EA 1
11 Remove AC Pavement & AC Berm SF 75,000
12 Remove Existing P.C.C. Curb & Gutter LF 100
13 Remove Existing P.C.C. SF 1,20014 Remove Existing Tree EA 1 Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) Unit Price Line Total Unit Price Line Total Unit Price Line Total $21,000.00 $21,000.00 $45,000.00 $45,000.00 $98,000.00 $98,000.00$21,500.00 $21,500.00 $50,000.00 $50,000.00 $118,000.00 $118,000.00$71,424.00 $71,424.00 $30,000.00 $30,000.00 $140,000.00 $140,000.00$15,435.00 $15,435.00 $27,000.00 $27,000.00 $27,000.00 $27,000.00$62,000.00 $62,000.00 $70,000.00 $70,000.00 $64,000.00 $64,000.00 $1,230.00 $20,910.00 $1,000.00 $17,000.00 $1,130.00 $19,210.00 $950.00 $19,000.00 $150.00 $3,000.00 $890.00 $17,800.00$630.00 $3,780.00 $250.00 $1,500.00 $900.00 $5,400.00 $5,040.00 $60,480.00 $1,000.00 $12,000.00 $1,190.00 $14,280.00$7,450.00 $7,450.00 $1,500.00 $1,500.00 $1,190.00 $1,190.00 $0.48 $36,000.00 $1.52 $114,000.00 $0.99 $74,250.00
$23.10 $2,310.00 $20.00 $2,000.00 $21.50 $2,150.00
$5.50 $6,600.00 $4.25 $5,100.00 $3.60 $4,320.00
$6,150.00 $6,150.00 $3,000.00 $3,000.00 $8,100.00 $8,100.00 Hardy & Harper, Inc. AID Builders, Inc. Hillcrest Contracting, Inc.
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) 15 Construct 4" Curb Only per City of Norco Std. Dwg. No. 200, Modified Type "A". Drill and Anchor Curb into Existing Catch Basin. LF 25 16 Construct 6" Integral Curb and Gutter per City of Norco Std. Dwg. No. 200, Type "C" LF 3,750 17 Construct 6" Curb and Gutter per SPPWC Std. Dwg. No. 120-3. Type A3-6 LF 30 18 Construct Curb Transition from Standard to Spillout Curb and Gutter LF 20 19 Construct Gutter Transition per Detail on Sheet 8 of Plans LF 95 20 Construct Cross Gutter and Spandrel per City of Norco Std. Dwg. No. 225 SF 1,150 21 Construct Residential Driveway Approach with Equestrian Trail per City of Norco Std. Dwg. No. 245 SF 2,800 22 Construct Residential Driveway Approach per City of Norco Std. Dwg. No. 240 SF 3,200 23 Construct 6" P.C.C. Pavement SF 900
Unit Price Line Total Unit Price Line Total Unit Price Line Total Hardy & Harper, Inc. AID Builders, Inc. Hillcrest Contracting, Inc. $64.00 $1,600.00 $100.00 $2,500.00 $89.00 $2,225.00$70.00 $262,500.00 $30.00 $112,500.00 $44.00 $165,000.00$71.00 $2,130.00 $100.00 $3,000.00 $79.00 $2,370.00 $107.00 $2,140.00 $100.00 $2,000.00 $111.00 $2,220.00$112.00 $10,640.00 $40.00 $3,800.00 $100.00 $9,500.00 $27.00 $31,050.00 $25.00 $28,750.00 $39.00 $44,850.00$14.40 $40,320.00 $35.00 $98,000.00 $27.00 $75,600.00$13.40 $42,880.00 $30.00 $96,000.00 $22.00 $70,400.00$27.30 $24,570.00 $9.25 $8,325.00 $17.30 $15,570.00
City of Norco
Issued on 01/30/2023Bid Due on February 28, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Third Street Pavement Rehabilitation Project (54900.8) 24 Construct 6" A.C. Berm LF 8025
Construct 4" A.C. C2-PG 64-10 Driveway SF 260
26 1.5" Cold Mill Existing Pavement SF 70027 Construct 2.5" AC (B-PG 64-10) Ton 98028 Construct 1.5" AC (C2-PG 64-10) Ton 590
29 Construct Modified Local
Depression PerRCFCD Std. DWG No. LD201 SF 125
30 Relocate Existing Mailbox EA 2531 Signing & Striping LS 1 Unit Price Line Total Unit Price Line Total Unit Price Line Total Hardy & Harper, Inc. AID Builders, Inc. Hillcrest Contracting, Inc. $62.00 $4,960.00 $48.00 $3,840.00 $42.00 $3,360.00$12.60 $3,276.00 $17.00 $4,420.00 $49.00 $12,740.00 $1.60 $1,120.00 $3.60 $2,520.00 $6.60 $4,620.00
$98.00 $96,040.00 $120.00 $117,600.00 $130.00 $127,400.00$99.00 $58,410.00 $120.00 $70,800.00 $135.00 $79,650.00 $134.00 $16,750.00 $30.00 $3,750.00 $57.00 $7,125.00$495.00 $12,375.00 $1,000.00 $25,000.00 $580.00 $14,500.00 $11,500.00 $11,500.00 $14,500.00 $14,500.00 $18,300.00 $18,300.00 $976,300.00 $978,405.00 $1,249,130.00$976,300.00 $978,405.00 $1,249,130.00
V&E Tree Service 654506 1000001936 PO BOX 3280
Orange CA 92865
Line item 14
Tree Removal
Line item 31
Signing and Striping
CAT Tracking 991122 1000011750 17 Commercial Ave
Riverside, CA 92507
On Point Land Surveying LS 8133 1000003100 1906 orange tree ln Redlands CA 92374
Survey
line item 5
0.68%
1.3%
1.22%
30,000.00 30,000.00
Thirty thousand dollars and
Zero cents
Fifty thousand dollars and zero cents 50,000.00 50,000.00 25,000.00 25,000.00
Twenty Five thousand dollars
and Zero cents
9,000.00 9,000.00
Nine thousand dollars
and zero cents
12,000.00 12,000.00 Twelve thousand dollars
and zero cents
4,500.00 76,500.00 Four thousand five hundred dollars
and zero cents
750.00 15,000.00 seven hundred dollars
and zero cents
850.00 5,100.00 Eight hundred fifty dollars
and zero cents
one thousand four hundred dollars 1,400.00 16,800.00
and zero cents
3,000.00 3,000.00 three thousand dollars and
zero cents
one dollar and twenty five cents 1.25 93,750.00
twenty nine dollars and zero cents 29.00 2,900.00
3.25 3,900.00
three dollars and twenty five cents
7,000.00 7,000.00
seven thousand dollars
and zero cents
60.00 1,500.00
sixty dollars and zero cents
35.00 131,250.000 thirty five dollars and zero cents
fourty five dollars and zero cents 45.00 1,350.00
65.00 1,300.00 Sixty five dollars and zero cents
eighty dollars and zero cents 80.00 7,600.00
14.50 16,675.00 fourteen dollars and fifty cents
9.00 25,200.00
Nine dollars and zero cents
8.50 27,200.00
eight dollars and fifty cents
14.00 12,600.00 fourteen dollars and zero cents
80.00 6,400.00 eighty dollars and zero cents
twenty four dollars and zero cents 24.00 6,240.00
ten dollars and zero cents 10.00 7,000.00
one hundred fourty five dollars 145.00 142,100.00
and zero cents
173.00 102,070.00 one hundred seventy three dollars
and zero cents
twenty two dollars and zero cents 22.00 2,750.00
four hundred dollars and zero cents 400.00 10,000.00
12,500.00 12,500.00
twelve thousand five hundred dollars
and zero cents
863,685.00
Eight hundred sixty three thousand six hundred eighty five dollars and zero cents
CA-1
CONTRACT AGREEMENT
CITY OF NORCO
THIRD STREET PAVEMENT REHABILITATION PROJECT
1. Parties and Date.
This Agreement is made and entered into this 15th day of March, 2023 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 I E General Engineering, Inc., a corporation with its principal place of business at 1440 Beaumont Ave., Suite A2-130, Beaumont, CA 92223 (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 THIRD STREET PAVEMENT REHABILITATION 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 THIRD STREET PAVEMENT REHABILITATION PROJECT (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference.
The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
CA-2
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 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 Vincenzo Nanci – 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.
CA-3
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.
CA-4
3.2.9 Insurance.
Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City
CA-5
Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general or policy aggregate
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
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
CA-6
such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and products/completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The 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. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another 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
CA-7
insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways,
CA-8
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
CA-9
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.
CA-10
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:
I E General Engineering, Inc.
1440 Beaumont Ave., Suite A2-130
Beaumont, CA 92223
Attention: Vincenzo Nanci – 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.
CA-11
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.
CA-12
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.
CA-13
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.
CA-14
Name of Contractor: I E General Engineering, Inc.
*By:
___________________________________
Signature
Vincenzo Nanci, President
OWNER: CITY OF NORCO, a municipal corporation
*By:
____________________________________
Robin Grundmeyer - Mayor
ATTEST:
____________________________________
Diane Germain, CMC, Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
Harper & Burns, LLC
City Attorney
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED Attach Certificate of Acknowledgment of Notary.
CA-15
EXHIBIT A
THIRD STREET PAVEMENT REHABILITATION 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 general grading, pavement reconstruction, construct P.C.C. driveways, curb and gutter and other improvements for the Third Street Pavement Rehabilitation Project to the satisfaction and acceptance of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
CA-16
EXHIBIT B
Proposal Document
CA-17
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:
THIRD STREET PAVEMENT REHABILITATION 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 general grading, pavement reconstruction, construct P.C.C. driveways, curb and gutter and other improvements for the Third Street Pavement Rehabilitation Project to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects
CA-18
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 _________, 2023.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
CA-19
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) ________________________________ ________________________________
CA-20
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.
CA-21
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:
THIRD STREET PAVEMENT REHABILITATION 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 general grading, pavement reconstruction, construct P.C.C. driveways, curb and gutter and other improvements for the Third Street Pavement Rehabilitation Project to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ _______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of _________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the
CA-22
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_______________, 2023.
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).
CA-23
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 _______________________________
_______________________________
CA-24
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.
CA-25
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.
CA-26
9. Description of Project:
THIRD STREET PAVEMENT REHABILITATION 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 general grading, pavement reconstruction, construct P.C.C. driveways, curb and gutter and other improvements for the Third Street Pavement Rehabilitation Project to the satisfaction and acceptance of the City Engineer.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
CA-27
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
CA-28
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
CA-29
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
CA-30
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.
CA-31
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
CA-32
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.
CA-33
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: March 15, 2023 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Amend Fiscal Year 2023-2027 Capital Improvement Program (CIP) to include additional funding for the Trotter Trail Roadway Construction Project; and accept bids and award contract for the Trotter Trail Roadway Construction Project.
RECOMMENDATION:
Approve an amendment to FY 2023-2027 CIP to include additional funding for the Trotter Trail Roadway Construction Project; accept the bids and award a contract for the Trotter Trail Roadway Construction Project to Hillcrest Contracting, Inc. in the amount of $434,555; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the Trotter Trail Roadway Construction Project were opened on February 27, 2023, with Hillcrest Contracting, Inc. of Corona, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to Hillcrest Contracting, Inc. in the amount of $434,555; authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount; and increase Fiscal Year (FY) 2023-2027 CIP Funding for this project in the amount of $333,000 for the Trotter Trail Roadway Construction Project.
BACKGROUND:
Plans and specifications for the Trotter Trail Roadway Construction Project were advertised on January 30, 2023, with a bid opening date of February 27, 2023. A total of eight (8) bids were received with proposals ranging in value from $434,555 to $652,250.
The bid summary analysis has been attached for Council’s review (Bid Summary Analysis). The Trotter Trail Roadway Construction Project entails general grading, pavement reconstruction, construct concrete driveways, curb and gutter and other improvements.
Staff has reviewed all the bids submitted and determined that Hillcrest Contracting, Inc. of Corona, California as being the lowest responsible bidder in the amount of $434,555 (see Hillcrest Contracting, Inc. Bid). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the Trotter Trail Roadway Construction Project.
The Trotter Trail Roadway Construction Project has an approved design and construction budget of $200,000 (Measure A Fund 137 - Project Numbers 4928.36; Account Numbers 137.930.43160 & 137.930.43160.30). Unfortunately, the approved budgeted amount for the project (based on past similar work) proved not to be sufficient based on the current market for construction costs that has impacted many other construction projects already this year. As a result, the $200,000 budgeted is insufficient to fund the low bid amount.
Therefore, staff is recommending approval to amend the FY 2023-2027 CIP Budget to increase the project budget in the amount of $333,000 to ensure sufficient funding for the project ($434,555), the 10% contingency, and for construction inspection services.
FISCAL IMPACT:
The Trotter Trail Roadway Construction Project was approved as a Capital Improvement Program (CIP) projects in the Measure A Fund 137 in Fiscal Year 2022-23. Funds in the amount of $200,000 are not sufficient to fund the lowest bid amount including the 10% contingency, design and inspection costs. The fund balance for Measure A is estimated at a ($361,000) deficit by the end of the fiscal year. As a result, staff will postpone the Sunny Hills Drive Measure A CIP project estimated at $400,000 until additional funding becomes available. Additional funds will be appropriated for construction and inspection costs in the amount of $333,000 (Project Number 4928.36; Account Numbers 137.930.43160 & 137.930.43160.30).
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the Trotter Trail Roadway Construction Project 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):
Bid Analysis
Bid Proposal
Contract
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Clearing & Grubbing, Mobilization, NPDES/SWPPP Requirements (Maximum of 5% of the Total Bid Amount LS 1 $16,000.00 $16,000.00 $20,000.00 $20,000.00 $21,000.00 $21,000.00 2 Traffic Control LS 1 $30,600.00 $30,600.00 $63,000.00 $63,000.00 $37,000.00 $37,000.00 3 Construction Staking and Monument Preservation LS 1 $16,000.00 $16,000.00 $15,000.00 $15,000.00 $18,000.00 $18,000.00 4 Compaction Testing for Street Construction LS 1 $18,000.00 $18,000.00 $7,400.00 $7,400.00 $8,000.00 $8,000.00 5 General Grading and Unclassified Excavation LS 1 $62,000.00 $62,000.00 $5,000.00 $5,000.00 $60,000.00 $60,000.00 6 Adjust Existing Manhole Frame & Cover to Finished Surface Per City of Norco Std. Dwg 535 EA 2 $4,000.00 $8,000.00 $4,000.00 $8,000.00 $2,000.00 $4,000.00 7 Adjust Existing Water Meter Box to Finished Surface EA 1 $830.00 $830.00 $2,700.00 $2,700.00 $2,000.00 $2,000.00 8 Adjust Existing Pull Box to Grade EA 2 $800.00 $1,600.00 $1,050.00 $2,100.00 $2,000.00 $4,000.009 Remove Existing A.C. Pavement. SF 22,500 $1.07 $24,075.00 $1.40 $31,500.00 $1.00 $22,500.00 10 Remove Existing and Construct Residential Rolled Curb Driveway Approach Per City of Norco Std, Dwg, No. 240A. SF 2,400 $16.80 $40,320.00 $17.00 $40,800.00 $15.00 $36,000.00 Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) Hillcrest Contracting, Inc. All American Asphalt Onyx Paving Company, Inc.
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) Hillcrest Contracting, Inc. All American Asphalt Onyx Paving Company, Inc. 11 Remove Existing and Construct Curb Ramp Per SPPWC Std. Plan No. 111-5, Case and Type Per Plan EA 2 $5,500.00 $11,000.00 $6,700.00 $13,400.00 $7,200.00 $14,400.00 12 Remove Existing A.C. and Construct 4" A.C. Driveway. SF 100 $37.00 $3,700.00 $54.00 $5,400.00 $14.00 $1,400.00 13 Remove Existing Concrete Driveway SF 4,625 $3.64 $16,835.00 $1.90 $8,787.50 $5.40 $24,975.00 14 Remove and Relocate Existing Mail Box. EA 14 $810.00 $11,340.00 $780.00 $10,920.00 $500.00 $7,000.00 15 Remove and Relocate Existing Irrigation Control Box EA 1 $5,400.00 $5,400.00 $2,100.00 $2,100.00 $3,000.00 $3,000.00 16 Remove and Relocate Private Street Light. EA 1 $6,700.00 $6,700.00 $10,500.00 $10,500.00 $11,000.00 $11,000.00 17 Construct 4" P.C.C. Driveway SF 3,100 $9.30 $28,830.00 $10.00 $31,000.00 $9.00 $27,900.0018 Construct Standard Rolled Curb Per City of Norco Std. Dwg. No. 205. LF 1,325 $32.40 $42,930.00 $67.00 $88,775.00 $48.00 $63,600.00 19 Construct 2.5" A.C. B-PG 64-10 Base
TON 375 $122.00 $45,750.00 $114.00 $42,750.00 $111.00 $41,625.00 20 Construct 1.5" A.C. C2-PG 64-10 Overlay
TON 225 $124.00 $27,900.00 $114.00 $25,650.00 $111.00 $24,975.00 21 Construct 0" to 6" A.C. Berm Per SPPWC Std. Dwg, Plan 120-3, Detail D1-6. LF 110 $37.50 $4,125.00 $60.00 $6,600.00 $31.00 $3,410.00
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) Hillcrest Contracting, Inc. All American Asphalt Onyx Paving Company, Inc. 22 Remove Existing and Construct Type "A" P.C.C. Curb Per City of Norco Std. Dwg. No. 200. LF 40 $86.00 $3,440.00 $56.00 $2,240.00 $72.00 $2,880.00 23 Construct 3" PVC Curb Drain and Curb Outlet Per City of Norco Std. Dwg. No. 301. EA 2 $890.00 $1,780.00 $1,570.00 $3,140.00 $2,000.00 $4,000.00 24 Remove Exisitng and Construct Gutter Per Detail on Sheet 3 LS 1 $5,500.00 $5,500.00 $4,100.00 $4,100.00 $6,000.00 $6,000.00 25 Signing and Striping LS 1 $1,900.00 $1,900.00 $1,800.00 $1,800.00 $7,335.00 $7,335.00 Subtotal $434,555.00 $452,662.50 $456,000.00Total $434,555.00 $452,662.50 $456,000.00
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty
1 Clearing & Grubbing, Mobilization, NPDES/SWPPP Requirements (Maximum of 5% of the Total Bid Amount LS 1 2 Traffic Control LS 1
3 Construction Staking and Monument Preservation LS 1
4 Compaction Testing for Street Construction LS 1
5 General Grading and Unclassified Excavation LS 1
6 Adjust Existing Manhole Frame & Cover to Finished Surface Per City of Norco Std. Dwg 535 EA 2 7 Adjust Existing Water Meter Box to Finished Surface EA 1 8 Adjust Existing Pull Box to Grade EA 2 9
Remove Existing A.C. Pavement. SF 22,500
10 Remove Existing and Construct Residential Rolled Curb Driveway Approach Per City of Norco Std, Dwg, No. 240A. SF 2,400 Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) Unit Price Line Total Unit Price Line Total Unit Price Line Total $24,000.00 $24,000.00 $18,400.00 $18,400.00 $30,000.00 $30,000.00$31,000.00 $31,000.00 $54,000.00 $54,000.00 $35,000.00 $35,000.00 $15,000.00 $15,000.00 $15,400.00 . $20,000.00 $20,000.00$10,000.00 $10,000.00 $3,570.00 $3,570.00 $30,000.00 $30,000.00$60,000.00 $60,000.00 $40,000.00 $40,000.00 $75,000.00 $75,000.00 $4,025.00 $8,050.00 $2,100.00 $4,200.00 $1,500.00 $3,000.00$2,000.00 $2,000.00 $1,575.00 $1,575.00 $1,000.00 $1,000.00$1,100.00 $2,200.00 $1,575.00 $3,150.00 $1,000.00 $2,000.00 $1.80 $40,500.00 $0.90 $20,250.00 $2.25 $50,625.00
$10.50 $25,200.00 $6.40 $15,360.00 $33.00 $79,200.00
I E General Engineering, Inc. Hardy & Harper, Inc. AID Builders, Inc.
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) 11 Remove Existing and Construct Curb Ramp Per SPPWC Std. Plan No. 111-5, Case and Type Per Plan EA 2 12 Remove Existing A.C. and Construct 4" A.C. Driveway. SF 100 13 Remove Existing Concrete Driveway SF 4,625
14 Remove and Relocate Existing Mail Box. EA 14
15 Remove and Relocate Existing Irrigation Control Box EA 1 16 Remove and Relocate Private Street Light. EA 1
17 Construct 4" P.C.C. Driveway SF 3,100 18
Construct Standard Rolled Curb Per City of Norco Std. Dwg. No. 205. LF 1,325 19 Construct 2.5" A.C. B-PG 64-10 Base
TON 375
20 Construct 1.5" A.C. C2-PG 64-10 Overlay
TON 225
21 Construct 0" to 6" A.C. Berm Per SPPWC Std. Dwg, Plan 120-3, Detail D1-6. LF 110 Unit Price Line Total Unit Price Line Total Unit Price Line Total I E General Engineering, Inc. Hardy & Harper, Inc. AID Builders, Inc. $7,500.00 $15,000.00 $7,260.00 $14,520.00 $8,900.00 $17,800.00 $8.00 $800.00 $49.00 $4,900.00 $15.00 $1,500.00$2.00 $9,250.00 $6.40 $29,600.00 $4.00 $18,500.00 $400.00 $5,600.00 $825.00 $11,550.00 $1,000.00 $14,000.00 $6,000.00 $6,000.00 $2,625.00 $2,625.00 $8,000.00 $8,000.00 $11,000.00 $11,000.00 $10,500.00 $10,500.00 $18,000.00 $18,000.00 $8.50 $26,350.00 $8.73 $27,063.00 $29.00 $89,900.00
$35.00 $46,375.00 $86.00 $113,950.00 $22.00 $29,150.00
$187.00 $70,125.00 $126.00 $47,250.00 $130.00 $48,750.00$235.00 $52,875.00 $127.00 $28,575.00 $139.00 $31,275.00 $80.00 $8,800.00 $62.00 $6,820.00 $32.00 $3,520.00
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) 22 Remove Existing and Construct Type "A" P.C.C. Curb Per City of Norco Std. Dwg. No. 200. LF 40 23 Construct 3" PVC Curb Drain and Curb Outlet Per City of Norco Std. Dwg. No. 301. EA 2 24 Remove Exisitng and Construct Gutter Per Detail on Sheet 3 LS 1 25 Signing and Striping LS 1
Unit Price Line Total Unit Price Line Total Unit Price Line Total I E General Engineering, Inc. Hardy & Harper, Inc. AID Builders, Inc. $55.00 $2,200.00 $210.00 $8,400.00 $100.00 $4,000.00
$3,000.00 $6,000.00 $1,575.00 $3,150.00 $6,000.00 $12,000.00$4,000.00 $4,000.00 $15,960.00 $15,960.00 $11,500.00 $11,500.00$2,000.00 $2,000.00 $1,840.00 $1,840.00 $7,000.00 $7,000.00 $484,325.00 $502,608.00 $640,720.00$484,325.00 $502,608.00 $640,720.00
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty
1 Clearing & Grubbing, Mobilization, NPDES/SWPPP Requirements (Maximum of 5% of the Total Bid Amount LS 1 2 Traffic Control LS 1
3 Construction Staking and Monument Preservation LS 1
4 Compaction Testing for Street Construction LS 1
5 General Grading and Unclassified Excavation LS 1
6 Adjust Existing Manhole Frame & Cover to Finished Surface Per City of Norco Std. Dwg 535 EA 2 7 Adjust Existing Water Meter Box to Finished Surface EA 1 8 Adjust Existing Pull Box to Grade EA 2 9
Remove Existing A.C. Pavement. SF 22,500
10 Remove Existing and Construct Residential Rolled Curb Driveway Approach Per City of Norco Std, Dwg, No. 240A. SF 2,400 Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) Unit Price Line Total Unit Price Line Total
$28,980.00 $28,980.00 $30,000.00 $30,000.00$18,500.00 $18,500.00 $90,000.00 $90,000.00 $29,500.00 $29,500.00 $30,000.00 $30,000.00$35,950.00 $35,950.00 $30,000.00 $30,000.00 $100,290.00 $100,290.00 $50,000.00 $50,000.00
$4,550.00 $9,100.00 $2,500.00 $5,000.00
$675.00 $675.00 $2,500.00 $2,500.00$675.00 $1,350.00 $2,500.00 $5,000.00 $3.10 $69,750.00 $1.50 $33,750.00
$17.25 $41,400.00 $15.00 $36,000.00
EBS General Engineering, Inc. Addison-Miller, Inc.
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) 11 Remove Existing and Construct Curb Ramp Per SPPWC Std. Plan No. 111-5, Case and Type Per Plan EA 2 12 Remove Existing A.C. and Construct 4" A.C. Driveway. SF 100 13 Remove Existing Concrete Driveway SF 4,625
14 Remove and Relocate Existing Mail Box. EA 14
15 Remove and Relocate Existing Irrigation Control Box EA 1 16 Remove and Relocate Private Street Light. EA 1
17 Construct 4" P.C.C. Driveway SF 3,100 18
Construct Standard Rolled Curb Per City of Norco Std. Dwg. No. 205. LF 1,325 19 Construct 2.5" A.C. B-PG 64-10 Base
TON 375
20 Construct 1.5" A.C. C2-PG 64-10 Overlay
TON 225
21 Construct 0" to 6" A.C. Berm Per SPPWC Std. Dwg, Plan 120-3, Detail D1-6. LF 110 Unit Price Line Total Unit Price Line Total
EBS General Engineering, Inc. Addison-Miller, Inc.
$11,540.00 $23,080.00 $7,500.00 $15,000.00
$109.00 $10,900.00 $20.00 $2,000.00
$6.20 $28,675.00 $5.00 $23,125.00
$1,350.00 $18,900.00 $1,000.00 $14,000.00$8,020.00 $8,020.00 $2,500.00 $2,500.00 $12,500.00 $12,500.00 $5,000.00 $5,000.00
$10.50 $32,550.00 $15.00 $46,500.00$38.00 $50,350.00 $50.00 $66,250.00 $160.00 $60,000.00 $165.00 $61,875.00$160.00 $36,000.00 $150.00 $33,750.00 $90.00 $9,900.00 $100.00 $11,000.00
City of Norco
Issued on 01/30/2023Bid Due on February 27, 2023 11:00 AM (PST) Item Description Unit Qty
Bid Results for Project Trotter Trail Roadway Reconstruction Project (4928.36) 22 Remove Existing and Construct Type "A" P.C.C. Curb Per City of Norco Std. Dwg. No. 200. LF 40 23 Construct 3" PVC Curb Drain and Curb Outlet Per City of Norco Std. Dwg. No. 301. EA 2 24 Remove Exisitng and Construct Gutter Per Detail on Sheet 3 LS 1 25 Signing and Striping LS 1
Unit Price Line Total Unit Price Line Total
EBS General Engineering, Inc. Addison-Miller, Inc.
$40.00 $1,600.00 $100.00 $4,000.00
$1,075.00 $2,150.00 $2,500.00 $5,000.00$8,850.00 $8,850.00 $10,000.00 $10,000.00$2,180.00 $2,180.00 $40,000.00 $40,000.00 $641,150.00 $652,250.00$641,150.00 $652,250.00
BIDDERS NAME: iJ<iu,a7—es~r Cmiwacxitoe .mc.
CITYOF NORCO
PROPOSAL
FOR
TROTTER TRAILROADWAY RECONSTRUCTIONPROJECT
TO CITYOF NORCO, as AGENCY:
in accordance with AC3l':"NCY’S“Notice inviting Sealed Bids,” the undersigned BIDDER hereby proposes to furnish all materialeaequipment, tools, labor, and incidentais 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, BIDDERagrees to enter intoa Contract withthe AGENCYat the unit and/or lump sum prices set forth inthe following Proposal BidSheet. BIDDERunderstands that failure to enter intoa Contract inthe manner and time prescribed willresult inforfeiture to AGENCYof the Bid Bond accompanying this proposal.
BIDDERunderstands that a bid is required forthe entirework,that the estimated quantities set forth in the Proposal BidSheet are solely for the purpose of comparing bids, and that final compensation under the Contract willbe based upon the actual quantities of work satisfactorily completed. it is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. in the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDERagrees and acknowledges that he is aware of the provisions of Section 3700 of the LaborCode which requires every employer to be insured against liabilityforworkman’s compensation or to undertake self-«insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract ifawarded to it.
BIDDERcertifies that inall previous contracts or subcontracts, all reports whichmay 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.
BlDDERdeclares in the attached Non—ColiusionAffidavithat the only persons or parties interested inthis proposal as principals are those named therein; that no officer, agent, or employee of the AGENCYis personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual,firm, or corporation P—'l
making a bid for the same work; and that this proposal is in all respects fair and without collusionor fraud. V
BIDDERcertifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, » and thatsuch affirmativeactions have been carefullydocumented, that said documentation is open to inspection, and that said affirmativeaction willremain ineffect forthe lifeof any contract awarded hereunder. Furthermore, BIDDERcertifiesthat affirmative action willbe taken to meet all equal employment opportunity requirements ofthe Contract Documents.
DATED: ‘Z ‘ZJ ,2023 BIDDER: !f‘\‘Li,5V-\ €97" Ct>r»l‘t’P—¢<-\<‘J'i‘IM(‘r ,‘;I:?c:. r-3v:" Tuerm "P["li2~$0i¢€'>
TITLE: ‘7?e.eeii\.sE.v~i tr
B|DDER'SADDRESS: 'l7-t>-‘Borg lgf?
Coromrica ezare
PHONE: “I5! 273 -- 7i;>00
B|DDER'S INFORMATION
BIDDERcertifies that the following informationis true and correct:
Bidders Name: Hn,LCi’LE9“t’ Ct9N;T[I?c)"l"iN§g {Slime
BusinessAddress: 3740-ECMC 7898
Zf£€~0r~i?.M 612878
Telephone: 5?.5i_,‘?—7_‘.f> "" ‘W00
State Contractor's License No. and Class: ‘Til(o(o’j “ ?u Original Date Issued: LiH W365" Expiration Date: ‘I23022.3 The followingare the names,titles, addresses, and phone niurnbers of allindividuals,firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: i ’
_ ,_ -1»v'7;1; m Passage -»~ i7aes»r>eu‘T”"
»_fm/is»; wowén, - \/R, seclzarallv
1................. w... ........m—m....—..-..— ..
R-Avnau- ..... __.._,.._ ...........................~ The dates of anyvoluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: \
__ MA
Allcurrent and prior DBA‘s,alias, and/or fictitiousbusiness names for any principal having an interest in this proposal are as follows:
CONTRACTORK9LICENSINGSTATEMENT
The undersigned is licensed inaccordance withthe laws ofthe State ofCaliforniaproviding forthe registration of Contractors.
Contractor's License Number:
I 14/7UDLQLI
Name of IndividualContractor (Print or Type):
Signature of Owner:
Business:
Address or Name of Firrn:______
: Business Address:
Name: : i Title:
Address:
Address or Name of Corporation: i}3\,Lc:7.g est” CogiL%CTl reg‘ grind Business Address: 9.0. E201‘'l€>‘l‘3C’,é>t’47)ixl/l Q? E?‘Z'87@ Corporation organized under the laws of the State of C,ftl»lFNLNW5 Name: Title:
w
: iiwanM Ween5
? ignature of President of Corporation
SUBCONTRACTORLIST
in compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder herewith sets forththe name, location of the place of business, and Californiacontractor license of each Subcontractorwho willperform work or labor or render service to the Prime Contractor specially fabrioates and installs a portion of the work or improvementaccording to detailed drawings contained in the plans and specifications, in an amount inexcess of cne~half (1/2) of one percent (1%) of the General Contractor’s total bid amount or, in the case of bids or offers for the construction of streets or highways, includingbridges in excess of cne~ha|f 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
WhichSub Description of % of
Contractoris License DIR Address of Sub Contract Total
Licensed NumberfwNumber Qffigei
_____ _, Work Bid _
’ ‘ 6‘ 21757-39uMME2:'rc>wJ’ C wilt l
~ \ ”“1rli>iotwo will be — 7 "(it " " Jw Q W. ........_._ W93 Ii... i-°'i lbcr%9 é%J?E£vp&cmmcWM-Ma- (wean ago‘rt:-crime lct2cQctz?5i‘>’i_ V~i:i£-aside, ww cit ‘iwéili am '/Ecrl 3 [@140 5-4“ Sétwtiuét. waw
"iiggieMs~t lbewcuuestag 51.51352, ig_rggc§ge3‘.ra,g,4mg/_’/1ggt’ggg179‘7, jleivvv/tts‘ we Hzeeo ¢:>seoc>'1> tab
Cl-lrni’ Corgailriw‘e75is_cc _ii>omco3oe Wzraour,at ‘rw«;:a(1*_aizariue J10 3E5/i"’"‘i"° l*E’>
Ifthe bidderfails to specify a Subcontractor for any portion ofthe work, the bidder agrees to perform the work withhis own crews. (AlternativeSubcontractors forthe same work are prohibited by provisions of the California Government Code.) An inadvertent error in listingthe Californiacontractor license number provided pursuant to paragraph (1)shall not be grounds forfilinga bid protest or grounds for considering the bid nonresponsive ifthe corrected contractors license number issubmitted to the publicentity by the prime contractor within24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
217.:I23 ljriuggg<;T __Qg_N"‘r‘P%l€‘.‘1‘l i\\Q___1_:3L7§(‘:- Dated
, Bidder
......._......
".3u9‘i_j__g_i\i Persons ~ Pwlbf
di Signature
C(‘tME‘3W0Nl9/--
\‘!7P/
. sceera
w
—a Signature
SUBCONTRACTORLIST
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 iabrlcates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount inexcess of one-half (1/2) of one percent (1%) of the General Contractors total bid amount or, in the case of bids or offers for the construction of streets or highways, includingbridges in excess of one-half cf 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 whichwillbe done by each Subcontractor.
Name Under Specific
Which Sub Description of % of
Contractoris License DIR Address of Sub Contract Total
Office Licensed Number Number
0 Work f, _ _ Bid
0 E135vl‘[lLl'TlE§;__w
* * ’€i3Z1°’{@fflooecoitzgciwC',gj,\.{2tr)7(\ilV§+C:?K‘?'Z;z"§V7‘Z t»l/luri£i;~c;g_ 0” Let’:
i ’ ‘ 0 (will N.i;al(Hs>i=i:'-31'“ ’ cm:L,iwt:.suwtyustm-, L5’-iii ioocx3olS”%”-5 '\')[?A«&(71;fer.)rrzearselrillv?k’ "5SW Ifthe bidderfailsto specify a Subcontractor for any portion of the work, the bidder agrees to perform the work withhis own crews. (AlternativeSubcontractors forthe same workare prohibited by provisions of the CaliforniaGovernmentCode.) An inadvertent error inlistingthe California contractor license number provided pursuant to paragraph (1)shall not be grounds forfilinga bid protest or grounds for considering the bid nonresponsive ifthe corrected contractor's license number is submitted to the publicentity by the prime contractor within24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
Dated Bidder
Signature
Signature
REFERENCES
The followingare the names, addresses, and phone numbers forthree public agencies for which BIDDERhas performed similarwork withinthe past two years:
Cimot l’>€i‘§9«,\9 lbl N-W521;€'§_(L\’t~ l‘; (‘A ‘l_j_Lf§'70a‘_l_a;@eMy llwfeil “(go he "'83:
man-qua»-. .-.......~ ‘A- DESIGNATIONOF SURETIES
The followingare the names, addresses, and phone numbers for all brokers and suretles fromwhom BIDDERintends to procure insurance and bonds:
Qeeetrrreiims $_:~2e;;l>~l/+c*~»_C.;E 3‘E\'lVIc§_e l:I'“C' 5’5’oo"E. §;gLom ?ee ClmmoooRb zel
/'\"l<\/\‘l‘\’Ell/l ,___0/l"l'z;@p"’7
....__-u-.........—...
__ ‘W WOODE9.-H9E#vIcea2eg
ewe Emu:VL/525,9nmE 40¢?
_
?7.vn~r€—Z, C’;/‘l ?7JeN
P~6
crry OF NQRCQ Bond.#08.56.
0235 BIDBOND Premium. NII
FOR
TROTTER TRAILROADWAY RECONSTRUCTION PROJECT
KNOW ALL MEN BY THESE PRESENT that Hillcrest Contracting, Inc.
T , as BIDDER, and
. Fidelity and DegaositCompany of Maryland as
SURETY, are held and firmly bound unto THEHCITYOF NORCO, as AGENCY, in the V penal sum of tgn perc dollars
($ __._’!_Q°/an ), whichis .10percent ofthe total amountlbidby BIDDERto AG»EN'.C-Y for the above stated project, forthe payment ofwhichsum, BIDDERand SURETY agree to be bound, jointly and severally, firmly by these presents.
THECONDITIONS OF THIS OBLIGATIONARESUCH 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 BIDDERin the manner and time specified, then this obligation shall be null and void, otherwise itshall remain in fullforce and effect in favor of AGENCY.
WITNESS our hands this15th day of Egbn [am , 2023.
(seal)
Hillcrest Contracting, Inc.
CONTRACTOR
(CORPORATION) — TYPE
I
'<ig_<,_;~rnJ Iiarzsolis
VGAwas Iuord?r /T 3
~ .
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Subscribed and sworn to before me this day of ,
Seal of Notary:
Notary Public
CERTIFIEDOR CASHIERS CHECK, OR BIDDERS BOND MUST BE SCANNED OR UPLOADEDTO THE PLANETBIDS PORTAL WHENSUBMITTINGTHEBIDIPROPOSAL. THE SUCCESSFULBIDDERSHALL PROVIDETHE ORIGINALBIDDERS BOND DOCUMNETATIONTIMEOF AWARD.
P—7
BID BOND (PAGE 2)
(seal)
SURETY’S NAME-TYPE:J?ggliiyand Deposit Cgmpany Qf_MaryJgng1(corporation) Mailing Address: C/O ZurichNofthAmerica
1299 Zurich Way
Schaumburg, IL60196
By: Charles L. a
ame
’
Si nature:
Titie.. Attorney-In-Fact
IGNATUREOF SURETY MUST BE
Subscribed and sw
this
—— day of See attached Jurat
Notary Public
P-8
VJURAT
Anotarypublicorotherofficercompletingthiscerti?cate
verifiesonlytheidentityoftheindividual whosignedthe
documenttowhichthiscerti?cateisattached,andnot
the truthfulness,accuracy,orvalidityofthatdocument.
State of California
County of ggmggg
Subscribed and sworn to (or affirmed) before me on
this 15th day of. February .20 23 ,
by Charles L. Flake
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
HETEWILLIS
%
comm.#2334057 en
_ ,
‘ '3‘)uomnvPUBUC.CALIFORNIA §
8 |g[1 amre ‘ AW ORANGECOUNTY —+ Heather Willis, Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the documentto which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
Subscribed and sworn to (or affirmed) before me on this 21S’C day of Februarv , 20 23 , by Justin Parsons and James
Wonq
proved to me on the basis of satisfactory evidence to be the person(§/whoappeared before me.
RiversideCounty
CommlsstonIf2425219 "*" MyComm.ExpiresNov13, 20 6,
ZIIRICH AMI*1I{lC/XN lN'Sl.JRANCZl§ (fi(')Ml’ANV
C1.C)I.ONllAL’Al\’llERiCANCASUALTY ANDSURETYCOMPANY
F[I)l?.I..‘I'I"V AND DEPOSIT C(§)M'l’.ANY OF MARYLAND
POWER OF‘/\'l"'l‘0RN‘l*3Y
KNOWALL.MENIEW'l‘.lltl3SI~3 l’Ri}1Sl?,N'l“S: 'I”ha.\tthe 'Z.t,.IRlC:t~I AMl31RICANlN5$tIR../\l\t(‘;‘t:1"COMPANY,atC()rp0t‘t1Lll:)Il at’tltcState0fNt2\V Ymlc,t}/‘£3--Q,(:),1-l(:)}IIA‘I~( lAMlI%RlC1/\,l\l C3/\S1.l/\}..'I‘Y ./\l\l.l) £§lJl{ll'1"I‘Y (Z(‘)Ml’ANY. it Ct)|‘p0l"é1t§()Il_ at‘the Statléof lll'ln0i.~;, and l.l1€31*‘!-I)I§l..4I"l‘Y ANI) D.I3l’C)'Sl’l‘ (;‘.(DMl"ANY OI" MARMYLANIJtt corportttimtol’tl1'eState of Illinois‘(heroin colltzctivulycalledthe "(3omp:mi::s"),by Robert 1). Murray, ViceI’reside‘n€.in purstntmcc ot’«ut1tl1t)rityggmtttedby ArticleV, 3t’3Cli()l18, ol'tln:.}3y~'[.,aws0t‘sa'idCfotnpunics,whichare set .forthcmthe reverse sidel1¢:t‘cot"21nd tuft:hereby cczrtitlttdto.bein full l“o'1'ccand (affect on the (late I1crco’l", do hereby nt)I1'1ll1'¢tl'¢:', cnnstitttte, and appoint CltstrlmsL. F!...Al(E, Spencer l'«‘Lx\Kit, Umvitt (1‘[lL.BIER'l’SON,Lexie .St3l§RW()'()l) of Anaheim, C§llift)l‘.IXi?. EACH. itstrue and lawfulatgctltamtAttQrx1t:y~in~17us:t, to lxtaku,execute,seal and cltéllx/<:l',:l’ur,unclon itst>cl1aIf’lt$sttmty, and usits not and (.lt3l’.‘«(l':mty and all lmn'dsa1ml uncltzrtstkinggs,and the £::X(2Ctlti't)l1t)l’St}(=l\'l)tm(lStJl"tmtE0.l‘l£tkiilg8 inpursttanct; t2t"tl1t::;<: p1‘£3St‘.Ill£t, shall.betas bindingtlpml saidCfompanies,as itt1lyan.damply, to all intentsandtnurtmtascs,astt’tl1<:yhad beenduly cxccutetiand acknowlcdgedby the 1‘(:t_!,t1l£1l‘l)“l§lt?Clt§d ()lt’1t:crsoftltcZURlCl~l' A‘Ml.‘?.Rlt3ANINSURANCIF. COMPANY‘ at its ot?ce in New York, New York., the l'c.gulal‘lyelected<)l‘t’1rser5Mitt;-3 COl,.0N.I/\L AMI‘-ERICJANC‘./\!>‘[.J/\I..'t‘YAND SllJI{t?2"i‘YCOM1’/W.Yat its 0’l‘t“:ccin Owings Mills‘Mtu'yltmd.,tlrttlthe regularlyelected ot‘t“lccr‘s 0-t‘1hL‘—Ii‘fIljIi§iIU‘]'lVY=ANl) I.)l‘:?I’t,'-)§,'w‘I'l‘ C‘,Ol\rll’./\l\IY' tI)l‘—’MARYI'.ANfDat its c)t’t'":cc’in (,".)wing:s Mills, Maryltmd., in tlwlrown rlrotlszr pczrstms.
Thu). mildVice.l’i'u‘8ld,¢ltl docsltcmby certify that the cxtrawt set lhrtlton the r::vcr.st: zsidtclu2rct)l' is ta mmcopy t>l‘/trticlt:V, SK:Cllt)l’l8. of the l?ywlgztxva-_t)'l’satid (L‘om_panin:s. auntis new iu I’or<:t:. _ IN‘Wl't”t\l_ESSWIVlIE;I{[’«:‘£>(>)I:‘l1; the said VlCt‘»éI’I‘CSlll0tll haslmmmtosut)scrit1etl’Ills/her namesand 2\'l‘t'lx<2d the CorporateSealsall"the said ZIJRIGHAM.ERlCANINSURANCE» CQMIPANY, C.‘()LONlAL AMt?.RlCAN (2ASIIAl,,’.l‘Y AND SURE’l“YC()Mt’ANY, ‘and FlI)ELI'l.‘Y ANDD1’§P.0Sl”t‘ C(')'Ml’ANY‘()I«‘ 'lvlARYl.;ANlt$,lllllt1ltlniay otlltmcz,AJ3. 202:.
AT'[‘EST:
il.'.URlCI-IAI\*lERl(.ifAN l'NSI,lRAN(TE COMPANY
(f0.l.,ON.IA¥.) z\MI"3l{lCAN (fAS[lAl.}I"Y.AN'l)Slt.l|{’l3'I‘Y (‘I()MPAN\’ I<‘Il)l§I..l'I‘Y AND[)l§1l’()S IT COMPANY()1? MARYMXNI) » .wWM.y.,...»..~.........W.....».«
I/ic.-caPrasia'erzt
.’>“ecre/cu;v
State at‘Maryland
County of Bnlllimore
On this.Iltlt day 01’June, /\.D., .2021.hk:l'm'c:»the stlioscrlhcl‘,£1 Nt‘;t:u’yPublic:of‘the Statenf Maryland, duly conlmlssiunedand quali?ed, l{ohe1't"I). lvturmy, Vice President um!Dawn12.Brown, Sxwrttlttry01‘the (1—§om;)l1r1les. to ma pclrsomllyknowntn he llu‘;irulivlduuls and 0fl’1<:et‘s dcscrilwtlin and who extzctutctl theprccctting.lnstrtnm:nt, :1mt.zlcl<:1ow|edgt:t1the axtzcutimit o't';s*mnt:, and being by meduly sworn, dcposethand saith,thattau/slugistheStlltlot‘lit:e.-r of‘ theCftmtjaltltyval‘tm:su'l<l, andthatthe soulsui‘t"1xel;lto the twreccdittglatstrtllttlmtart; the CllorpomteSealst‘)l"St!ltlCtltllpltllilzs,andthat the StlltlChrporam,Sealsand thesignatureassuch nfllcerwereduly salllxctlamtsttbscrihctito the said ittstrllmcmby the txutltorityandclircctimtll‘the saidCm'pm'ations. ‘IN’.l‘l2S’l‘SM(')NY\7l’l’ll3Rl3,(L)F, I havellt:1‘Ctlt1l0 set my humlandzlltixmlmy Ot?ciulSealthe day andyear first abovewritten.
Constmm/\. Dtttltl,NntztryPublic
My C()ll1ll1ll55it)I1ti-ixpircs:July9, 2023
Atxtlnan?icityof this bond can be cunallrmctlat hondvalitlatoaazurichmmunuor 4'ltl«$59.—~8790
NON~COLLUSIONAFFIDAVIT
STATE OF CAL.lF‘ORNlA )
)ss
COUNTYOF il\ve'Lsu‘>E )
Qusrrm VAi2—9oN¢- 7 ‘ , being first duly sworn deposes and says that he is ?g-esitxe M‘‘i’”
. (Sole Owner, Partner, President, etc.) of__i;];1.\.u:i'g§s‘r‘ _QoMTi1AcT1 M6 _1'SC_v§_Q;_____________thE3 party makingthe foregoing bid; that such bid is not made in the interest of Or behalf of any undisclosed person, N (partnership, _cc&pany,_association, organization, orcorporation, that such bid is genuine it "Wand not”‘coilusi\7e“or’sharnfthait sTaid"‘BlD'DER’hasnot"diir‘eotIyOr*ifTiirectIy'i'rTciucedii”O‘r solicited any other bidder toput inca sham bidjor that anyone shallrrefrain from bidding, that said BIDDERhassnot in any mannerrdirectly—Or—indirect|ynsoughrbyagreements, —— — communication, or conference with anyone to fix the bid price of said BIDDERor of any other bidder, or to fix the overhead, profit, or cost element of such bid price, or Ofthat of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that allstatements contained in such bidare true, and further, that said BIDDERhas not, directlyorindirectlysubmittedhis bid price, or any breakdown thereof, orthe contents thereof, or divulged informationor data relative thereto, or paid and wiilnotpayia?yfee iniconnéction[Organizaitionf biddepository, or to any member or persons as have a partnership Or other financial interest with said BIDDERin his general business.
Signed '>
/7
W-B2: DE»-V7”
Title
Subscribed andwor
this day of
Seal of Notary: ' Notary Public
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 Riverside
Subscribedand sworn to (or affirmed) before me on this 21513 day of February , 20 23 , by Justin Parsons
proved to_me on the basis of satisfactory evidence to be the person whoappeared before me.
A.GUTIERREZ
NotaryPublic- California
RiversideCounty
Commission# 2425219
CITYOF NORCO
PROPOSAL BIDSHEET
FOR
TROTTE-IRTRAILROADWAY RECONSTRUCTION PROJECT
DESCRIPTIONOF ITEMS UNIT
ITEM QUANTITY UNIT WITHUNITPRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
Clearing &Grubbing,
Mobiiization,NPDES/SWPPP
Requirements at (maximumof
1_ 1 |_Ms_ 5% of the Total BidAmouit)$ /@000 $ [(,/000
Per LumpSum
TrafficControi at
P
2~ I '—~°»-E% $69000 $30000
Per Lump Sum ‘L
Construction Staking and
Monument Preservation at
3. 1 L.S. fgggg-ggegixbggzsandg $10,000 $i0,000
Per Lump Sum
CompactionTesting for Street
Construction at
4. 1» LS. gggh?ggfbggggggd$i‘2,o00 $18,000
Per Lump Sum
General Grading and
Unclassified Excavation at
5. 1 LS. §N;’g9“ima jjbmzgaad is00,000 $ 031,000
Per LumpSumwf
P—1O
...........................
QUANTITY
EA.
DESCRIPTIONOF ITEMS
WITHUNITPRICE WRITTEN
INWORDS
Adjust Existing Manhole Frame
&Cover to Finished Surface
Per Cityof Norco STD. DWG
No 535 at
Per Each
UNIT
PRICE IN
FIGURES
EA.
Adjust ExistingWater Meter
Boxto FinishedSurflace at
V‘
Per Each
$ 930.00:5380-00
EA.
2 Adjust Ezxisi?ihgPull Boxto
Grade at
4 %)%)gi Hundred
0 cu’
Per Each
to800-Do $I,IoO0
22,500 S.F.
Remove ExistingA.C.
Pavement at dgliatr + Seven
...‘I’JVI$_....... PerSquare Foot
$|-0'7 $ 504,076
10. 2,400 SF.
Remove Existing and Construct
Residential RolledCurb
DrivewayApproach Per City of
Norco Std, DWE, No. 240A at
I g
PerSquare Foot
.-.u.
:1;Ila-?O
11. EA.
Remove Existing and Construct
Curb Ramp Per SPPWC Std.
Plan No. 111-5, Case and Type
Per Plan at f%
Per Each
$@5oo $u,ooo
P»-11
12. QUANTITY
100 SF.
DESCRIPTIONOF ITEMS
WITHUNITPRICE WRITTEN
INWORDS
Remove ExistingA.C. and
Construct 4" A.C.Drivegay at
5 PenSquare Foot
UNIT
PRICE IN
FIGURES
13. 4,625 S.F. CI I +5 lsmve
Remove ExistingConcrete
Driveway at
Per Square Foot
3594¢”
15. 14 EA.
EA.
RemoveandRezloceteiiwxisting
MailBox at - gaffer)LE
Remove and Relocate Existing
Irrigation ControlBoxat
Exgge"l?owaaml P
FD t’ r
_ Per Each
16. 17. 3,100
EA.
8.F.
Remove and Relocate Private
Street Li ht at
Construct 4" P.C.C. Driveway
at F +1.’
Per Square Feet
9;(moo
as0i-30
$ (0)700
$ 9.‘?/€30
P-12
DESCRIPTIONOF ITEMS UNIT
ITEM QUANTITY UNIT WITHUNITPRICE WRITTEN PRICE IN TOTAL
INWORDS FIGURES
Construct Standard Rolled
Curb Per Cityof Norco Std.
Dwg. No. 205. at 18. 1,325 L.F. 1,. $ 3§Q"‘I0 $/§IQ,‘I30 Per Linear Foot
Construct 2.5" A.C. B-PG 64-
'10 Base at
I
I I I
19. 375 TQNW $ I21-O0$46,750
m___w__ww__“___WM__:_
Per Ion
Construct 1.5?‘A.C. C2-PG 64-
Per Ton
20. 225 TON gmOfvféllaigy Era4&9?asIJJI-O0$ QJIICIOO
Ccinslruct 0" to 6" A.C. Berm
Per SPPWC Std. Dwg, Plan
L.I'-". 12o~3,Detail D1-6 at :337.5?) $14195 82163CIOIWS / Per Linear Foot
110
Remove Existingand Construct
6" P.C.C. Curb Per Cityof
22‘ 40 LF N r"coStd. Dwg. No. §00at $ 3900 $
W W“ PermlflngarFoot
P~13
23. QUANTITY
EA.
DESCRIPTIONOF ITEMS
WITHUNITPRICE WRITTEN
INWORDS
Construct 3" PVC Curb Drain
and Curb Outlet Per Cityof
N rcostd. wg.No.301.at
I + L r +-
PerEach
UNIT
PRICE IN
FIGURES
24. Remove Existing and Construct
Gutter Per Detailon Sheet 3 at
‘ ’ In t] I I’
r Lump Sum
Si nlng and Strip‘ 9 at
Per Lump Sum
P~’l4
TROTTERTRAILROADWAY RECONSTRUCTIONPROJECT
(BIDITEMS 1-25)
STREETIMPROVEMENTSSUBTOTALAMOUNT
3; _:{_;%'~( ]¢:»:e“5‘:cu?
............¢..........
STREET IMPROVEMENTSSUBTOTALAMOUNTINWORDS
T «zlm[253~ ~—~ Dated Bidder Name
_ Tu9T(N Q9’i9«€tNS
Signature
NOTE: The unit price must be written in words and also shown in figures. The total price must be extended for each item of work and the total of all items inserted in the space provided.
F’-15
PROPOSAL
INWITNESS WHEREOF, BIDDERexecutes and submits this proposal with the names, titles, hands, and seals of allforenamed principals this day of , 2023. w____ l-littazeerCONLZ/acsg we ,:1;uc.
i>.o.ear I848 +C.1c_>_12o MA CJ;_l_;_ft2e78, _
if!/l9‘7"It‘~5 Falesmit; »*"PlZE1§tl)Er~l"i"
BIDDER
‘Jame; wcma«— vi’ 2 sews 7-:«+P—t’
Lffaubscribed and sworn to this day of , 2023.
NOTARY PUBLIC ? * “ * in "5
By
Title
AGENCYacknowledges that this proposal was received and opened at the time and inthe place specified, and that itwas accompanied by the required guarantee in the amount of 10 percent of the total bid.
By
Title
P»-16
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 Riverside
Subscribed and sworn to (or affirmed) before me on this 21St day of Februarv , 20 23 , by Justin Parsons and James
Wona
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
.=—_a-nu.
A.GUTIERREZ
NotaryPublic- California
RiversideCounty
6 Commission# 2425219
- MyComm.ExpiresNov13,2026
crry OF NQRCQ Bond.#08.56.
0235 BIDBOND Premium. NII
FOR
TROTTER TRAILROADWAY RECONSTRUCTION PROJECT
KNOW ALL MEN BY THESE PRESENT that Hillcrest Contracting, Inc.
T , as BIDDER, and
. Fidelity and DegaositCompany of Maryland as
SURETY, are held and firmly bound unto THEHCITYOF NORCO, as AGENCY, in the V penal sum of tgn perc dollars
($ __._’!_Q°/an ), whichis .10percent ofthe total amountlbidby BIDDERto AG»EN'.C-Y for the above stated project, forthe payment ofwhichsum, BIDDERand SURETY agree to be bound, jointly and severally, firmly by these presents.
THECONDITIONS OF THIS OBLIGATIONARESUCH 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 BIDDERin the manner and time specified, then this obligation shall be null and void, otherwise itshall remain in fullforce and effect in favor of AGENCY.
WITNESS our hands this15th day of Egbn [am , 2023.
(seal)
Hillcrest Contracting, Inc.
CONTRACTOR
(CORPORATION) — TYPE
I
'<ig_<,_;~rnJ Iiarzsolis
VGAwas Iuord?r /T 3
~ .
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Subscribed and sworn to before me this day of ,
Seal of Notary:
Notary Public
CERTIFIEDOR CASHIERS CHECK, OR BIDDERS BOND MUST BE SCANNED OR UPLOADEDTO THE PLANETBIDS PORTAL WHENSUBMITTINGTHEBIDIPROPOSAL. THE SUCCESSFULBIDDERSHALL PROVIDETHE ORIGINALBIDDERS BOND DOCUMNETATIONTIMEOF AWARD.
P—7
BID BOND (PAGE 2)
(seal)
SURETY’S NAME-TYPE:J?ggliiyand Deposit Cgmpany Qf_MaryJgng1(corporation) Mailing Address: C/O ZurichNofthAmerica
1299 Zurich Way
Schaumburg, IL60196
By: Charles L. a
ame
’
Si nature:
Titie.. Attorney-In-Fact
IGNATUREOF SURETY MUST BE
Subscribed and sw
this
—— day of See attached Jurat
Notary Public
P-8
VJURAT
Anotarypublicorotherofficercompletingthiscerti?cate
verifiesonlytheidentityoftheindividual whosignedthe
documenttowhichthiscerti?cateisattached,andnot
the truthfulness,accuracy,orvalidityofthatdocument.
State of California
County of ggmggg
Subscribed and sworn to (or affirmed) before me on
this 15th day of. February .20 23 ,
by Charles L. Flake
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
HETEWILLIS
%
comm.#2334057 en
_ ,
‘ '3‘)uomnvPUBUC.CALIFORNIA §
8 |g[1 amre ‘ AW ORANGECOUNTY —+ Heather Willis, Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the documentto which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
Subscribed and sworn to (or affirmed) before me on this 21S’C day of Februarv , 20 23 , by Justin Parsons and James
Wonq
proved to me on the basis of satisfactory evidence to be the person(§/whoappeared before me.
RiversideCounty
CommlsstonIf2425219 "*" MyComm.ExpiresNov13, 20 6,
ZIIRICH AMI*1I{lC/XN lN'Sl.JRANCZl§ (fi(')Ml’ANV
C1.C)I.ONllAL’Al\’llERiCANCASUALTY ANDSURETYCOMPANY
F[I)l?.I..‘I'I"V AND DEPOSIT C(§)M'l’.ANY OF MARYLAND
POWER OF‘/\'l"'l‘0RN‘l*3Y
KNOWALL.MENIEW'l‘.lltl3SI~3 l’Ri}1Sl?,N'l“S: 'I”ha.\tthe 'Z.t,.IRlC:t~I AMl31RICANlN5$tIR../\l\t(‘;‘t:1"COMPANY,atC()rp0t‘t1Lll:)Il at’tltcState0fNt2\V Ymlc,t}/‘£3--Q,(:),1-l(:)}IIA‘I~( lAMlI%RlC1/\,l\l C3/\S1.l/\}..'I‘Y ./\l\l.l) £§lJl{ll'1"I‘Y (Z(‘)Ml’ANY. it Ct)|‘p0l"é1t§()Il_ at‘the Statléof lll'ln0i.~;, and l.l1€31*‘!-I)I§l..4I"l‘Y ANI) D.I3l’C)'Sl’l‘ (;‘.(DMl"ANY OI" MARMYLANIJtt corportttimtol’tl1'eState of Illinois‘(heroin colltzctivulycalledthe "(3omp:mi::s"),by Robert 1). Murray, ViceI’reside‘n€.in purstntmcc ot’«ut1tl1t)rityggmtttedby ArticleV, 3t’3Cli()l18, ol'tln:.}3y~'[.,aws0t‘sa'idCfotnpunics,whichare set .forthcmthe reverse sidel1¢:t‘cot"21nd tuft:hereby cczrtitlttdto.bein full l“o'1'ccand (affect on the (late I1crco’l", do hereby nt)I1'1ll1'¢tl'¢:', cnnstitttte, and appoint CltstrlmsL. F!...Al(E, Spencer l'«‘Lx\Kit, Umvitt (1‘[lL.BIER'l’SON,Lexie .St3l§RW()'()l) of Anaheim, C§llift)l‘.IXi?. EACH. itstrue and lawfulatgctltamtAttQrx1t:y~in~17us:t, to lxtaku,execute,seal and cltéllx/<:l',:l’ur,unclon itst>cl1aIf’lt$sttmty, and usits not and (.lt3l’.‘«(l':mty and all lmn'dsa1ml uncltzrtstkinggs,and the £::X(2Ctlti't)l1t)l’St}(=l\'l)tm(lStJl"tmtE0.l‘l£tkiilg8 inpursttanct; t2t"tl1t::;<: p1‘£3St‘.Ill£t, shall.betas bindingtlpml saidCfompanies,as itt1lyan.damply, to all intentsandtnurtmtascs,astt’tl1<:yhad beenduly cxccutetiand acknowlcdgedby the 1‘(:t_!,t1l£1l‘l)“l§lt?Clt§d ()lt’1t:crsoftltcZURlCl~l' A‘Ml.‘?.Rlt3ANINSURANCIF. COMPANY‘ at its ot?ce in New York, New York., the l'c.gulal‘lyelected<)l‘t’1rser5Mitt;-3 COl,.0N.I/\L AMI‘-ERICJANC‘./\!>‘[.J/\I..'t‘YAND SllJI{t?2"i‘YCOM1’/W.Yat its 0’l‘t“:ccin Owings Mills‘Mtu'yltmd.,tlrttlthe regularlyelected ot‘t“lccr‘s 0-t‘1hL‘—Ii‘fIljIi§iIU‘]'lVY=ANl) I.)l‘:?I’t,'-)§,'w‘I'l‘ C‘,Ol\rll’./\l\IY' tI)l‘—’MARYI'.ANfDat its c)t’t'":cc’in (,".)wing:s Mills, Maryltmd., in tlwlrown rlrotlszr pczrstms.
Thu). mildVice.l’i'u‘8ld,¢ltl docsltcmby certify that the cxtrawt set lhrtlton the r::vcr.st: zsidtclu2rct)l' is ta mmcopy t>l‘/trticlt:V, SK:Cllt)l’l8. of the l?ywlgztxva-_t)'l’satid (L‘om_panin:s. auntis new iu I’or<:t:. _ IN‘Wl't”t\l_ESSWIVlIE;I{[’«:‘£>(>)I:‘l1; the said VlCt‘»éI’I‘CSlll0tll haslmmmtosut)scrit1etl’Ills/her namesand 2\'l‘t'lx<2d the CorporateSealsall"the said ZIJRIGHAM.ERlCANINSURANCE» CQMIPANY, C.‘()LONlAL AMt?.RlCAN (2ASIIAl,,’.l‘Y AND SURE’l“YC()Mt’ANY, ‘and FlI)ELI'l.‘Y ANDD1’§P.0Sl”t‘ C(')'Ml’ANY‘()I«‘ 'lvlARYl.;ANlt$,lllllt1ltlniay otlltmcz,AJ3. 202:.
AT'[‘EST:
il.'.URlCI-IAI\*lERl(.ifAN l'NSI,lRAN(TE COMPANY
(f0.l.,ON.IA¥.) z\MI"3l{lCAN (fAS[lAl.}I"Y.AN'l)Slt.l|{’l3'I‘Y (‘I()MPAN\’ I<‘Il)l§I..l'I‘Y AND[)l§1l’()S IT COMPANY()1? MARYMXNI) » .wWM.y.,...»..~.........W.....».«
I/ic.-caPrasia'erzt
.’>“ecre/cu;v
State at‘Maryland
County of Bnlllimore
On this.Iltlt day 01’June, /\.D., .2021.hk:l'm'c:»the stlioscrlhcl‘,£1 Nt‘;t:u’yPublic:of‘the Statenf Maryland, duly conlmlssiunedand quali?ed, l{ohe1't"I). lvturmy, Vice President um!Dawn12.Brown, Sxwrttlttry01‘the (1—§om;)l1r1les. to ma pclrsomllyknowntn he llu‘;irulivlduuls and 0fl’1<:et‘s dcscrilwtlin and who extzctutctl theprccctting.lnstrtnm:nt, :1mt.zlcl<:1ow|edgt:t1the axtzcutimit o't';s*mnt:, and being by meduly sworn, dcposethand saith,thattau/slugistheStlltlot‘lit:e.-r of‘ theCftmtjaltltyval‘tm:su'l<l, andthatthe soulsui‘t"1xel;lto the twreccdittglatstrtllttlmtart; the CllorpomteSealst‘)l"St!ltlCtltllpltllilzs,andthat the StlltlChrporam,Sealsand thesignatureassuch nfllcerwereduly salllxctlamtsttbscrihctito the said ittstrllmcmby the txutltorityandclircctimtll‘the saidCm'pm'ations. ‘IN’.l‘l2S’l‘SM(')NY\7l’l’ll3Rl3,(L)F, I havellt:1‘Ctlt1l0 set my humlandzlltixmlmy Ot?ciulSealthe day andyear first abovewritten.
Constmm/\. Dtttltl,NntztryPublic
My C()ll1ll1ll55it)I1ti-ixpircs:July9, 2023
Atxtlnan?icityof this bond can be cunallrmctlat hondvalitlatoaazurichmmunuor 4'ltl«$59.—~8790
CA-1
CONTRACT AGREEMENT
CITY OF NORCO
TROTTER TRAIL ROADWAY RECONSTRUCTION PROJECT
1. Parties and Date.
This Agreement is made and entered into this 15th day of March, 2023 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 Hillcrest Contracting, Inc., a corporation with its principal place of business at PO Box 1898, Corona, CA 92878 (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 “TROTTER TRAIL ROADWAY RECONSTRUCTION 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 “TROTTER TRAIL ROADWAY RECONSTRUCTION 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 “TROTTER TRAIL ROADWAY RECONSTRUCTION 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.
CA-2
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 Justin Parsons – 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.
CA-3
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.
CA-4
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.)
CA-5
(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.
CA-6
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.
CA-7
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.
CA-8
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
CA-9
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.
CA-10
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:
Hillcrest Contracting, Inc.
PO box 1898
Corona, CA 92878
Attention: Justin Parson - President
City:
City of Norco
2870 Clark Avenue
CA-11
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.
CA-12
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,
CA-13
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.
CA-14
Name of Contractor: Hillcrest Contracting, Inc.
*By:
_____________________________________
Signature
Justin Parson - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
_______________________________________
Robin Grundmeyer - Mayor
ATTEST:
________________________________________
Diane Germain, CMC, Deputy City Clerk
APPROVED AS TO FORM:
________________________________________
Harper & Burns, LLC
City Attorney
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED Attach Certificate of Acknowledgment of Notary
CA-15
EXHIBIT A
TROTTER TRAIL ROADWAY RECONSTRUCTION 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 a full depth pavement reconstruction, construction of rolled curb, 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.
CA-16
EXHIBIT B
Proposal Document
CA-17
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:
TROTTER TRAIL ROADWAY RECONSTRUCTION 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 a full depth pavement reconstruction, construction of rolled curb, 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
CA-18
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 _________, 2023.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
CA-19
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) ________________________________ ________________________________
CA-20
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.
CA-21
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:
TROTTER TRAIL ROADWAY RECONSTRUCTION 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 a full depth pavement reconstruction, construction of rolled curb, 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
CA-22
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_______________, 2023.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
CA-23
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 _______________________________
_______________________________
CA-24
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.
CA-25
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.
CA-26
9. Description of Project:
TROTTER TRAIL ROADWAY RECONSTRUCTION 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 a full depth pavement reconstruction, construction of rolled curb, 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,
CA-27
“Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
CA-28
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
CA-29
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
CA-30
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.
CA-31
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
CA-32
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.
CA-33
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: March 15, 2023 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Kelli Newton, Communications Manager
Department: Communications
SUBJECT:
New Observance Request: World Wish Day
RECOMMENDATION:
Approve the subcommittee's recommendation to recognize World Wish Day.
SUMMARY:
Make-A-Wish Orange County & Inland Empire has requested that the City of Norco proclaim April 29 as World Wish Day. This observance is not on the approved list of observances, therefore it requires subcommittee review and City Council consideration.
BACKGROUND:
In January 2022, the Norco City Council took action to formally recognize various national holidays, observances and commemorative days (Exhibits A and B). As part of the action, the City Council adopted the following process for new observance requests:
Step 1: Subcommittee reviews request and makes recommendation to staff Step 2: City Council determines if the request and recommendation should be approved, denied or amended
New Observance Request
Make-A-Wish Orange County & Inland Empire has requested that the City of Norco proclaim April 29 as World Wish Day. This observance is not on the approved lists of observances, therefore it requires subcommittee review and City Council consideration.
Subcommittee Recommendation
The City Council Subcommittee, consisting of Mayor Robin Grundmeyer and Council Member Katherine Aleman, recommends that World Wish Day be added to the PreApproved Observance List (Exhibit B) and be recognized by proclamation. All
observance options, including category and manner of recognition, are noted in the chart below. The subcommittee's recommendations are indicated by the "X".
Observance Options
Annual Observance (Exhibit A)
Observances that are automatically recognized in
the approved manner(s) on the appropriate date(s)
or date ranges.
Category
X
Pre-Approved Observance (Exhibit B)
Observances that are pre-approved for recognition
and will be recognized at staff's discretion (i.e., by
request, in conjunction with current events, etc.)
Closure
Event/Program
Gateway Sign
Newsletter
Parade
X Proclamation
Manner of
Recognition
Social Media
City Council Consideration
The City Council may approve, deny or amend the recommendation. If approved, Exhibit A or B will be updated to include the new observance and appropriate action will be taken to recognize the observance in the selected manner(s).
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
This agenda item 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 ATTACHMENT(S):
Exhibit A
Exhibit B
Proclamation Request
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media New Years Day 1-Jan X X X
Martin Luther King Jr. Day Third Monday X X X
Lunar New Year 1-Feb X
National Random Acts of Kindness Day 17-Feb X
Presidents Day Third Monday X X X
National California Day 22-Feb X
Black History Month Month X X X
Daylight Saving Time Second Sunday X
National Vietnam War Veterans Day 29-Mar X
Cesar Chavez Day 31-Mar X
National Women’s History Month Month X X
Ramadan Begins Changes X X
George Alan Ingalls Day 16-Apr X X X X
Rose M. Eldridge Day 16-Apr X X X X
Passover Begins Changes X X
Easter Changes X X X X
National Volunteer Month Month X X
Creation of the Norco Township 13-May
Mother’s Day Second Sunday in May X
Memorial Day Last Monday in May X X X X X
Asian American and Pacific Islander Heritage Month Month X X X National Preservation Month Month X X
National Trails Day First Saturday in June X
National Flag Day 14-Jun X
Juneteenth 19-Jun X
Father’s Day Third Sunday in June X
LGBTQIA Pride Month Month X X X
Independence Day 4-Jul X X X X X
National Day of the Cowboy Fourth Saturday in July X X X X Parks Make Life Better Month Month X X X X X
National Night Out Day First Tuesday in August X X X X X National Nonprofit Day 17-Aug X
Labor Day First Monday in September X X X
Patriot Day 11-Sep X X X X
National POW/MIA Recognition Day Third Friday in September X X X X National CleanUp Day Third Saturday In September X X X X National Gold Star Mother’s & Families Day Last Sunday in September X EXHIBIT A: ANNUAL OBSERVANCES
January
February
March
April
June
July
August
September
May
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT A: ANNUAL OBSERVANCES
National Voter Registration Day Fourth Tuesday in September X Hispanic Heritage Month September 15 to October 15 X X X National Preparedness Month Month X X X
National First Responders Day 28-Oct X
Halloween 31-Oct X X X X
National Fire Prevention Month Month X X X
Day of the Dead 2-Nov X X X X
Daylight Saving Time Ends First Sunday in November X
Election Day Tuesday after first Monday X X X
Diwali Changes X X
Veterans Day 11-Nov X X X X X
Thanksgiving Day Fourth Thursday in November X X X
Small Business Saturday Saturday After Thanksgiving X
Veterans and Military Families Month Month X X X
National Native American Heritage Month Month X X X
Anniversary of the San Bernardino Terrorist Attack 2-Dec X X Christmas Eve 24-Dec X
Christmas 25-Dec X X X X X X
Norco's "Birthday" 28-Dec X
Kwanzaa December 26 – January 1 X X
Hanukkah Changes X X
December
September
October
November
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media National Trivia Day 4-Jan X
Korean American Day 13-Jan X
National Dress Up Your Pet Day 14-Jan X
National Hat Day 15-Jan X
Holocaust Remembrance Day 27-Jan X
School Choice Week Changes X
Human Trafficking Awareness Month Month X X
National Freedom Day 1-Feb X
Korean New Year 1-Feb X
National Girls and Women in Sports Day 2-Feb X
National Boy Scouts Day 8-Feb X
Valentines Day 14-Feb X
National Love Your Pet Day 20-Feb X
Super Bowl Sunday First Sunday X
Spay/Neuter Awareness Month Month X X
National Horse Protection Day 1-Mar X
National Read Across America Day 2-Mar X
National Girl Scout Day 12-Mar X
St. Patrick’s Day 17-Mar X
Anniversary of the First Organized Wheelchair Basketball Game 18-Mar X National Medal of Honor Day 25-Mar X
National Take a Walk in the Park Day 30-Mar X
Red Cross Month Month X
National Earth Day 22-Apr X
National Picnic Day 23-Apr X
National Arbor Day Last Friday in April X
National Adopt a Shelter Pet Day 30-Apr X
National Therapy Animal Day 30-Apr X
Day of the Child Varies X
Donate Life Month Month X X
National Star Wars Day 4-May X
Cinco de Mayo 5-May X
National Day of Prayer First Thursday in May X
National Military Spouse Appreciation Day Friday Before Mother’s Day X Kentucky Derby Day First Saturday in May X
National Fitness Day First Saturday in May X
Peace Officers Memorial Day 15-May X
National Senior Health and Fitness Day 25-May X
National Armed Forces Day Third Saturday in May X
Small Business Week First Week in May X
National Police Week Week of May 15th X
EXHIBIT B: PRE-APPROVED OBSERVANCES
February
May
January
April
March
Month Observance Date Closure Event Gateway Sign Newsletter Parade Proclamation Social Media EXHIBIT B: PRE-APPROVED OBSERVANCES
National Military Appreciation Month Month X X X
National Wild Fire Awareness Month Month X X X
National Pet Month Month X X
National Drive-In Movie Day 6-Jun X X X X
D-Day 6-Jun X
Social Media Day 30-Jun X
National Safety Month Month X X X
National Post-Traumatic Stress Disorder Awareness Month Month X Hop-a-Park Day First Saturday in July X
National I Love Horses Day 15-Jul X
August National Senior Citizens Day 21-Aug X
September N/A
National Coffee with a Cop Day 6-Oct X X X X
Columbus Day Second Monday in October X
Native American Day/Indigenous Peoples’ Day Second Monday in October X Great ShakeOut Third Thursday in October X
National Make A Difference Day Fourth Saturday in October X National Civics Day 27-Oct X X
National Fire Prevention Week Week of October 9 X X
Childhood Cancer Awareness Week Week of October 9-15
Red Ribbon Week Week of October 23-31 X
National Take A Hike Day 17-Nov X
National Day of Giving Tuesday after Thanksgiving X
National Pearl Harbor Remembrance Day 7-Dec X
National App Day 11-Dec X
July
November
December
May
June
October