AGENDA
City Council
Wednesday, April 5, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:30 PM
ROLL CALL Robin Grundmeyer, Mayor
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
ISSUANCE OF OATH OF OFFICE
Presentation of Oath of Office to be administered to newly appointed Council Member Berwin Hanna
REORGANIZATION OF CITY COUNCIL
Election of Mayor Pro Tem
CLOSED SESSION AT 6:00 PM
§54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs: 131-112-002, 131-112-003, 131-112-004, 131-112-005, 131-112- 006, 131-112-013, and 131-112-014
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
§54954.5 - Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 - 2 Potential Case
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENE PUBLIC SESSION 7:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Katherine Aleman, Council Member
Kevin Bash, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Council Agenda - April 5, 2023
PLEDGE OF ALLEGIANCE Council Member Greg Newton
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church
PRESENTATIONS Community Spirit Award
Patrick Mitchell and Chris Faucher,
Ecological Agriculture Training Center
(E.A.T.)
Proclamation
DMV / Donate Life Month - April
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of City Council Regular Meeting Minutes and Special Meeting Minutes.
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of March 15, and Special Meeting Minutes of March 21, 2023
Staff Report - Pdf
City Council Agenda - April 5, 2023
2.C. Annual Adoption of the City Investment Policy
RECOMMENDATION:
Approve and Adopt the City Investment Policy No. 208 with recommended changes.
Staff Report - Pdf
2.D. Amend Fiscal Year 2023-2027 Capital Improvement Program (CIP) to include additional funding for the 2022-23 Slurry Seal Project; and accept bids and award contract for the 2022-23 Slurry Seal Project.
RECOMMENDATION:
Approve an amendment to the FY 2023-2027 CIP to appropriate additional Measure R funding in the amount of $250,000 for the 2022-2023 Slurry Seal Project; accept the bids and award a contract for the 2022-2023 Slurry Seal Project to All American Asphalt in the amount of $224,786; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
2.E. Appointments to the Southern California Association of Governments (SCAG) General Assembly Meeting to be held on May 4-5, 2023.
RECOMMENDATION:
Adopt Resolution No. 2023-12, appointing Council Member Kevin Bash as the delegate and Council Member Katherine Aleman as the alternate for the SCAG General Assembly on May 4-5, 2023.
Staff Report - Pdf
2.F. Increase Purchase Order Amount for Multiple Vendors to Provide Waterworks Parts Supplies for Fiscal Year 2022-23.
RECOMMENDATION:
Increase the existing combined purchase order authority for Ferguson Waterworks, Core & Main, and United Water Works to a not-to-exceed amount of $250,000 to provide waterworks parts supplies for FY 2022-2023.
Staff Report - Pdf
City Council Agenda - April 5, 2023
2.G. Acceptance of the Shadow Canyon Circle & Various Streets Improvement Project as Complete
RECOMMENDATION:
Accept the Shadow Canyon Circle & Various Streets Improvement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
Staff Report - Pdf
2.H. Acceptance of Right-of-Way Dedication on First Street RECOMMENDATION:
Accept the dedication of street right-of-way at APN 125-300-018 on First Street and authorize the City Clerk to record the grant deed.
Staff Report - Pdf
2.I. Addition of Utility Maintenance Worker positions within the Public Works Department
RECOMMENDATION:
Authorize the Public Works Department to add two (2) full-time Utility Maintenance Worker positions as part of the FY 2022-2023 budget.
Staff Report - Pdf
2.J. Amendment of FY 2023-2027 Capital Improvement Program (CIP) to include additional funding for the MDP Line N-4 Storm Drain Project, acceptance of bids and award of Contract for the MDP Line N-4 Storm Drain Project RECOMMENDATION:
Appropriate additional Fiscal Year (FY) 2023-2027 CIP Storm Drain funding in the amount of $1,144,697 for the MDP N-4 Storm Drain Project from the Storm Drain Fund and $50,000 in the Water Operating Fund; accept bids and award a contract to AID Builders, Inc. for the MDP Line N-4 Storm Drain Project in the amount of $1,829,725; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
Staff Report - Pdf
City Council Agenda - April 5, 2023
2.K. Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N-4 Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco MDP Line N-4 Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
Staff Report - Pdf
2.L. Change Order Request for Norco MDP Line N-4 Storm Drain Project (Design)
RECOMMENDATION:
Review and approve Change Order Request in the amount of $11,300 for the Norco MDP Line N-4 Storm Drain Project (Design)
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 - April 5, 2023
5.A. Consideration of a resolution in opposition to Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act
RECOMMENDATION:
Adopt Resolution No. 2023-13 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.
Staff Report - Pdf
5.B. Appointments to Regional Boards, Standing Committees and Other City Council-Appointed Committees for Calendar Year 2023 - Updated RECOMMENDATION:
Approve the updated list of Appointments to Regional Boards, Standing Committees, and Other City Council-Appointed Committees for Calendar Year 2023.
Staff Report - Pdf
6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
6.A. Ordinance No. 1094, First Reading: Amend Specific Text in Chapter 6.12 "Dogs-Licensing-Control-Rabies"
RECOMMENDATION:
Adopt Ordinance No. 1094, First Reading: Amending specific text in Norco Municipal Code (NMC) Chapter 6.12 "Dogs-Licensing-Control-Rabies" to make corrections and ensure consistency. Code Amendment 2023-02 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
City Council Agenda - April 5, 2023
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: April 5, 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: April 5, 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 and Special Meeting Minutes.
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of March 15, and Special Meeting Minutes of March 21, 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, March 15, 2023
Draft Minutes, March 21, 2023
DRAFT - MINUTES
City Council
Wednesday, March 15, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:01 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
Public Works Director Blais presented an update on the future infrastructure needs in order to establish a Recycled Water System.
Referencing information presented at a previous workshop, Mr. Blais provided two (2) infrastructure and funding scenarios for Council consideration and discussion.
Scenario #1 would require capital funding in the amount of approximately $2,250,000 for the rehabilitation of existing recycled water pump station and a new storage reservoir that would enable the City to provide recycled water to Norco Parks and the Navy.
Scenario #2 would require capital funding in the amount of approximately $3,100,000 for the construction of a new recycled water pump station (partnering with other agencies), distribution pipeline (partnering with other agencies), and a new storage reservoir (funded by City) that would enable the City to sell recycled water within Norco and as well as sell water to third-parties outside the City’s boundary.
Mr. Blais recommended the City Council consider supporting Scenario #2 because it involves a better financial value by enabling the Recycled Water System to maximize the amount of recycled water to be sold and still allows expansion of sales in the future, ensures all the infrastructure is new from startup (rather than a partial rehab of old infrastructure), and Western Riverside County Regional Wastewater Authority would be responsible for managing the operation of the booster station for all the participating agencies. In order to fund Scenario #2, Mr. Blais recommended that City Council consider borrowing the funds from the Sewer Fund via a formalized loan/repayment agreement.
Mr. Blais and City Manager Sassoon addressed the questions and concerns put forth by the City Council.
After additional discussion Council provided their input and agreed with staff's recommendation.
City Council Minutes - March 15, 2023
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
City Attorney Burns stated there was no reportable actions 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
Mayor Grundmeyer presented a Proclamation recognizing the month of March as National Women's History Month to community members who have contributed to the economic, cultural, spiritual, and/or political development of Norco: Betty Bash, Director of Town & Country Day School; Dianne Costlow, US Navy, Division Technical Director; Dr. Lisa Simon, Superintendent of Educational Services, CNUSD; Su Bacon and the Board Members of LNCF; and Nicole Brunk, owner of Brunk's Butchery.
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.
Appeal Hearing, Agenda Item 6.A., was heard at this time of the meeting.
City Council Minutes - March 15, 2023
2. CONSENT CALENDAR
Approval of Consent Calendar as presented.
M/S BASH/ALEMAN Approved the Consent Calendar 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 March 1, 2023.
2.C. Recap of Actions Taken by Planning Commission at its Meeting of March 8, 2023.
Received and to file the recap of Planning Commission Meeting.
2.D. Approve Purchase of Livestock and Small Animal Pens Approved the Purchase of Livestock and Small Animal Pens from CageCo Inc. in the amount of $137,100 for events at The Barn.
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 Adopted 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.
City Council Minutes - March 15, 2023
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.
Approved an amendment to the FY 2023-2027 CIP to include additional funding for the Third Street Pavement Project (Hillside to Temescal Avenues); accepted the bids and awarded 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 authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.
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.
Approved an amendment to FY 2023-2027 CIP to include additional funding for the Trotter Trail Roadway Construction Project; accepted the bids and awarded a contract for the Trotter Trail Roadway Construction Project to Hillcrest Contracting, Inc. in the amount of $434,555; and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.
2.H. New Observance Request: World Wish Day
Approved the subcommittee's recommendation to recognize World Wish Day.
2.I. Ratification of agreements for emergency repair services and geotechnical investigation related to the slope erosion on River Drive.
Ratified 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 to allocate $85,000 from Measure R Funds to fund the emergency work.
2.J. Consider cost proposal from Raftelis to conduct Water and Sewer Operational Assessment for the City of Norco.
Accepted the proposal from Raftelis in the amount of $49,995 to conduct a Water and Sewer Operational Assessment for the City of Norco, and authorized the City Manager to issue a purchase order, including up to 10% contingency.
City Council Minutes - March 15, 2023
3. ITEM(S) PULLED FROM CONSENT CALENDAR
No items were pulled.
4. PUBLIC COMMENTS
Matt Jefferson spoke on the lack of parking at Sixth St. and California Ave., adding that parking along California Ave. is not safe.
Jim Pollard thanked the City for a great event honoring Mr. Hoffman. He noted that he is now the only person who overlooks the equipment stored at, and used for, the Veterans Memorial location, asking for assistance.
Bonnie Slager extended an invitation to the Norco Horsemen's Assoc. meeting on Thursday, March 16, at 7 p.m. It will entail a presentation by the DeLappe Group on an upcoming project on Bluff St.
Jodie Weber, on behalf of Lake Norconian Club Foundation, announced an upcoming fundraising event on May 27, 2023; it will be a Lucy and Desi inspired event.
Greg Bowen thanked Council and staff for the services which honored Mr. Hoffman. He offered to help with the arenas at Ingalls, as Mr. Hoffman used to do. He noted concerns on the lack of parking locations for visiting horse riders and their trailers, as the arenas are frequently closed.
5. DISCUSSION / ACTION ITEM(S)
5.A. Consideration of the establishment of a George Ingalls Veterans Memorial Executive Commission.
City Manager Sassoon presented the report on establishing a George Ingalls Veterans Commission. She has spoken with the group, whom are generally supportive of becoming a commission. This would provide a greater clarity of their mission, and clarify the need for staff to attend meetings, provide an agenda and keep minutes.
Council Member Newton asked if two Council Members would be required to serve; in response, the composition of the Commission would be at the Council's discretion.
Mayor Grundmeyer opened public comment.
City Council Minutes - March 15, 2023
Geoff Kahan is currently Acting Chair for the group, stating current Members have no problem with becoming a Commission; he asked for some flexibility.
Mayor Grundmeyer closed the public comment.
Council Member Bash stated that this group has been a City asset for many years. He agrees that minutes should be taken for record keeping purposes. He suggested inviting student members of the Norco High School Jr. ROTC, or Sea Cadets, to join. He has no issue with keeping the membership at the current 14 Members, but should stagger appointments once it is set. He agreed with proceeding with an ordinance to set the Commission up.
Council Member Aleman was also in favor, adding that this shows that the City values its Veterans. She suggested that a number of seats should be set aside for Veterans only.
City Council discussed and provided staff direction to prepare an Ordinance to establish the Commission.
5.B. Landscape Maintenance Districts Proposition 218 status update and consideration of next steps.
Facilities and Maintenance Director Hamilton presented the report. She reviewed details of the purpose of a Prop 218 hearing, and why it may be needed for these three Landscape Maintenance Districts (LMDs). She referenced the possibility that the LMDs may be in the red by June 2023, and the City cannot continue to support them.
Mayor Grundmeyer noted her concern with notification to the LMD residents about public meetings for their individual LMDs; in response, staff stated residents have been notified with mailed notices; the option of a virtual meeting was suggested, based on the lack of attendance to past public meetings for the LMDs.
Mayor Grundmeyer opened public comment.
Matt Jefferson stated he lives in LMD 5, but is speaking for all LMDs when questioning where the Measure R Funds are being used, and why it is not being used for new fencing in LMD areas.
Jodie Weber, resident in LMD 4, spoke in support of the LMD taxes, noting that some new homeowners don't realize what they have agreed to when purchasing a property in the LMD area; and that LMD accounts should not have reserves, as funds must be spent not saved.
City Council Minutes - March 15, 2023
Geoff Kahan, resident in LMD 1, spoke in opposition to include the potential new development on Bluff St. as part of LMD 1.
Mayor Grundmeyer closed the public comment.
Council Members shared concerns with the quick time line for a Prop 218 by end of this fiscal year; all agreed to a longer time line allowing for additional education to the LMD residents.
Following discussion, City Manager Sassoon stated Council’s input will be discussed with staff, and will return to Council with a new timeline.
Reviewed the assessment ballot options for Landscape Maintenance Districts 1, 2 and 3; and directed staff to postpone initiating the Proposition 218 process until 2024.
5.C. Discuss and Take Possible Action concerning a City Council Vacancy.
City Manager Sassoon presented the report; reviewed options, and requirements for filling the vacancy.
Mayor Grundmeyer opened public comment; with no one wishing to speak, Mayor Grundmeyer closed the public comment.
Council Member Aleman agreed that a special election would be costly, indicating that the Council needs to be open and transparent in making an appointment, and allowing the opportunity of those interested in serving to apply.
Council Members Bash and Newton shared their experience with past procedures they were both involved with when similar situations occurred, noting it is difficult for someone to step in without any prior institutional knowledge.
Mayor Grundmeyer suggested offering the seat for the remaining term to someone that has served before, therefore has knowledge of what the City has been through in recent years. She suggested former Council Member Berwin Hanna.
Following further discussion motion was made.
M/S GRUNDMEYER/BASH to appoint Berwin Hanna to the vacant seat for the remainder of former Council Member Ted Hoffman's term, ending November 30, 2024.
City Council Minutes - March 15, 2023
Under discussion: Council Member Aleman noted her concern with the process, adding that Mr. Hanna is not present to speak for himself, and making an appointment without allowing for public input.
City Attorney Burns confirmed for the Council, as this item was agendized to allow for public input, that making an appointment at this meeting is within its purview to do so, without further action.
The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, AND NEWTON
NOES: ALEMAN
ABSENT: NONE
ABSTAIN: NONE
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)
City Manager Sassoon presented the report on the professional services agreement with the consultant to advocate for the City for underground lines.
Mayor Grundmeyer opened public comment.
Randy Lewis spoke against electrical towers, and supports hiring the consultant.
Mayor Grundmeyer closed the public comment.
Council Member Newton asked that the letter of opposition received from SCE be forwarded to RTRP Working Group by end of week.
Following further discussion motion was made.
M/S GRUNDMEYER/NEWTON to approve the Professional Services Agreement, and amend the FY 2022/23 Budget to appropriate funds for this expense. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. PUBLIC HEARING(S)
City Council Minutes - March 15, 2023
This item was presented at the top of the meeting, prior to the Consent Calendar
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.
Community Development Director Robles presented the report, noting that this item was appealed by City Council at its meeting of March 1, 2023. She explained the details of the variance request, and the need to make the lot to the standards set by Norco Municipal Code.
Director Robles addressed concerns and questions from the Council.
Mayor Grundmeyer opened public hearing for comment.
Teresa Bacarelly, applicant, stated she will eventually build a home on the vacant lot, and asked for support of the lot line adjustment.
Lisa Coe, Fidelity National Law Group, representing the applicant, requested the City Council uphold the Planning Commission's approval. She further explained the need for the variance. Ms. Coe answered questions from the Council Members.
Susie Carpenter, a neighbor to the east of the vacant lot, spoke against the variance.
Mayor Grundmeyer closed the public comment.
Council Member Newton noted concern with the footage to the center of the street, although is in favor of the lot line adjustment, he would like a PAKA be required via a deed restriction.
Council Member Aleman stated that the issue is between two property owners who have come to an understanding, and the less government involvement the better.
Council Member Bash appreciated that the property owners have come to an understanding with an issue they inherited.
Following further discussion motion was made.
City Council Minutes - March 15, 2023
M/S GRUNDMEYER/BASH to adopt Resolution No. 2023-03, to approve Variance 2023-01, to allow a lot line adjustment on a vacant parcel located on Southfork Drive (APN 133-340-023) located in the A-1 "Agricultural Low Density" Zone. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, ALEMAN, AND BASH
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE
7. CITY COUNCIL / STAFF COMMUNICATIONS
Public Works Director Blais reported the cancellation of the Community Clean Up event scheduled for March 25, due to inclement weather and the grounds being too soaked to hold the event; it will be rescheduled in the near future.
Council Member Bash inquired on to the public comment made about the lack of parking for guests to our City.
City Manager Sassoon confirmed that Ingalls Equestrian Center parking lot has been closed recently, due to an abundance of mud because of recent heavy rains.
Council Member Bash shared that he will be representing the City of Norco at the SCAG Regional Conference on May 4-5, 2023; and has been invited by Western Riverside RCA to attend a conference in Washington, DC May 15-19, 2023, as such will miss the regular City Council Meeting on May 17, 2023. Council Member Aleman indicated she had also been invited to the same conference. City Attorney Burns provided input on potentially holding a Zoom meeting, and what this would entail. City Manager Sassoon noted the three (3) hour difference, therefore suggested that the agenda can be adjusted to a minimum.
Council Member Newton inquired about the fencing at Sixth St. and California Ave. mentioned earlier; and noted that Ingalls Equestrian Center parking lot is usually open for public parking.
8. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 9:55 p.m.
________________________
Diane Germain, CMC
Deputy City Clerk
DRAFT - MINUTES
Joint Special Meeting
City Council, Commissions and
Committee Members
Tuesday, March 21, 2023
City Hall – Norco City Hall
2870 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:00 PM
ROLL CALL City Council:
Robin Grundmeyer, Mayor
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
Planning Commission:
Chair Patricia Hedges
Vice Chair Jeff Shyu
Commission Member Danny Azevedo
Commission Member Fia Sullivan
Commission Member Tara Young
Historic Preservation and Agriculture
Heritage Commission:
Chair Carolyn Morse
Commission Member Dean Chase
Commission Member Teresa Edwards
Commission Member Nellie Hatton
Parks & Recreation Commission:
Chair John “JT” Garoutte
Vice Chair William Naylor
Commission Member Kathryn Grossman
Commission Member Geoff Kahan
Streets, Trails & Utilities Commission:
Chair Michael Thompson
Commission Member Audrey Pavia
Commission Member Jim Pollard
Commission Member Michael Williams
Measure R Citizens’ Oversight Committee
Chair Yvonne Shull
Committee Member Richard Beesmer
Committee Member William Gayk
Committee Member John Glaccum
Berwin Hanna, Appointee to City Council
City Council Minutes - March 21, 2023
1. PUBLIC COMMENTS
No Public Comments received
2. DISCUSSION ITEM
AB1234 Ethics Education:
Required two (2) hours training in general ethics principles and ethics laws every two (2) years for Local Agency Officials (Gov. Code Section 54952)
Erica Vega, Attorney, Burke, Williams & Sorensen, LLP, presented the Ethics Training (AB 1234) as required bi-annually for all Local Agency Officials. The training entailed, among other topics, review of some basic California Ethic Laws, new conference rules and limitations, and the new policy regarding non-English speakers at public meetings.
Ms. Vega answered questions from the attendees.
3. ADJOURNMENT
Meeting was adjourned at 6:00 p.m.
__________________________
Diane Germain, CMC
Deputy City Clerk
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Finance
SUBJECT:
Annual Adoption of the City Investment Policy
RECOMMENDATION:
Approve and Adopt the City Investment Policy, Administrative Policy No. 208, with recommended changes.
SUMMARY:
This report provides for an annual review and adoption of the policy governing investment of surplus funds for the City as required by the City of Norco Investment Policy. Staff is recommending the following changes:
• Changes to bring the policy to up the current Government Code requirements. • Amend the list of Authorized Investments to enable the City to invest in Local Government Investment pools
BACKGROUND:
Section 53646(a)(2) of the Government Code states that the Treasurer or Chief Fiscal Officer of the local agency may annually render to the legislative body of that local agency a Statement of Investment Policy. While State law no longer requires annual review and approval of the Investment Policy or quarterly investment report to the legislative body, staff is recommending that the current process of annual review and quarterly reporting of the investment portfolio continue to occur.
The City consulted with PFM Asset Management LLC to review the City's Investment Policy to ensure it is consistent with the California Government Code (Code). A redlined version of the proposed policy is attached that reflects these changes. With PFM's input, staff recommends the following changes to bring the investment policy up to Code and enable the City to invest in Local Government Invest pools:
• Section VI. Financial Reporting. Senate Bill 1489, which took effect January 1, 2023, changed the quarterly reporting deadlines in Code section 53646 (b)(1) to 45 days from 30 days. Staff recommends to adopt the 45-day deadline. In addition, staff recommends to add a list of transactions to the Policy’s reporting requirements. Under Code section 53607, if investment authority is delegated by the City Council to the Treasurer, the Treasurer is required to provide the City Council with a monthly list of transactions.
• Section XI. Authorized Investments.
o 7. Commercial Paper. Senate Bill 998, effective January 1, 2021, made several changes applicable to this section: First, the bill eliminated the limit of 10% of the outstanding paper of an issuing corporation. As this requirement is no longer in Code, Staff recommends to delete this provision.
Second, the bill imposed a new 10% combined limit on the commercial paper and medium-term notes issued by any one corporation. For risk management purposes, Staff recommends the City implement a 5% per issuer limit that would apply across all corporate sectors. Rather than listing this requirement in each of the applicable sections, Staff recommends the City add this provision as an investment restriction under Section XIII.8. o 12. Receivable-Backed Securities. Staff recommends the City update the Policy to incorporate provisions of Assembly Bill 1770 that took effect January 1, 2019. The bill clarified the Code’s requirements for the purchase of receivable-backed securities in two respects: 1) The bill revised the wording of the of the section’s maturity requirement such that these securities have a maximum remaining maturity of 5 years or less. This change simply brought the wording of the maturity in line with how maturity limits are generally worded in the Code, but it did not change the effective maturity limit for this security type. 2) The bill eliminated the requirement that the issuer of the security have an “A” rating. The removal of the issuer rating criteria makes sense, since this requirement generally has no relevance to the issuers of receivable-backed securities, which are organized as trusts and do not have standalone issuer ratings. The minimum “AA” issue rating remains, which is an important risk management criterion.
o 13. Local Government Investment pools. Staff recommends the City add this section to the Policy’s list of Authorized Investments to enable the City in invest in Local Government Investment pools, like CAMP that is discussed below.
• XIII.8 Investment Restrictions. As noted above, Senate Bill 998 imposed a combined 10% limit on the commercial paper and medium-term notes of any one issuer. For risk management purposes, Staff recommends the City lower the per issuer limit to 5% and apply this limit across all corporate sectors.
Additional Recommendations. Although not required, these are additional suggestions that Staff believes will improve the Policy’s clarity for the average reader and provide the City with additional investment flexibility.
• Section I. Delegation Authority. Although the Policy does not need to duplicate all the Code requirements, Staff recommends the City add the key provisions of Section 53607 to the Policy to ensure these requirements are not overlooked.
Specifically, the Code specifies that the delegation of authority is only for a oneyear period and that the City Council may renew the delegation each year upon review. If the City decides to use an external investment advisor, we also recommend the City add a provision to this section that recognizes that the Policy permits the use of an investment advisor.
• IX. Authorized Investments
If the City decides to use an external investment advisor, we also recommend the City add a provision to this section that would allow the investment advisor to use their own list of permitted issuers and broker/dealers with which to execute transactions.
• XI. Authorized Investments.
o 3. State of California Municipal Debt. As the section references both 53601(c) State of California Debt and 53601(d) debt of the other 49 states, Staff recommends the City modify this section so it is clearer that the Policy permits the purchase of debt issued by California and any of the other 49 states.
o 5. United States Government Agency Securities. For clarity, Staff recommends the City delete the references to specific agencies as they are unnecessary. The first sentence of this section is sufficient to indicate which federal agency issuers are permitted by Code.
o 7. Negotiable Certificates of Deposits. As not all negotiable certificates of deposits are FDIC insured, Staff recommends the City delete the reference to FDIC insurance. Negotiable CDs should be viewed as another type of corporate debt rather than secured deposit. In addition, as a global change, Staff recommends the Policy just use the abbreviation NRSRO to refer to a Nationally Recognized Statistical Rating Organization, as the term was defined in a previous section.
o 14. Supranational Obligations. To provide the City with an additional highquality investment option, Staff recommend the City add supranationals to the Policy’s list of allowable investments. Assembly Bill 1933, which took effect January 1, 2015, added debt issued by three specific supranational banks to the Code’s list of authorized investments.
• XIII. Investment Restrictions
o 3. Average Maturity Limit. To provide the City with additional investment flexibility, we recommend that the City increase the maximum average maturity of the portfolio to 730 days. This is a modest increase and does not change the Policy’s other provisions regarding ensuring appropriate liquidity.
Local Government Investment Pool
An example of a local government investment pool is the California Asset Management Program (“CAMP”) which is a California Joint Powers Authority (“JPA”) established in 1989 to provide California public agencies with professional investment services.
Investments offered through the Cash Reserve Portfolio Pool and CAMP Term programs which are permitted for all local agencies under California Government Code Section 53601(p). CAMP is directed by a Board of Trustees, which is made up of experienced local government finance directors and treasurers. CAMP offers a range of services to assist public agencies with investing their operating funds, bond proceeds, debt service
funds, and reserve funds and administered by CAMP’s investment adviser, PFM Asset Management LLC (“PFMAM” or the “Investment Adviser”).
The addition of pools to the available investments is an additional tool that can be used to pursue the continued safety, liquidity, and appropriate yield on the City's funds.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The City Investment Policy is consistent with Strategic Direction #3 - Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Investment Policy redline
CITY OF NORCO
ADMINISTRATIVE POLICY STATEMENT
SUBJECT: INVESTMENT POLICY
POLICY NO. 208
DATE ISSUED: June 7, 2000
LAST DATE REVISED: May 5, 2021
PURPOSE:
The purpose of this policy is to provide guidelines to the City Treasurer for the investment of surplus funds not required for immediate necessities of the City of Norco. All investment of such surplus funds is governed by state law and by this policy.
INTRODUCTION:
The City Treasurer is responsible for administering the City of Norco investments. State law and this policy shall determine the type of investments in which the City Treasurer may participate with idle City funds. The City Treasurer shall issue and administer detailed investment instructions which may change periodically and which will supplement, but conform to the provisions of this Investment Policy. The investment of bond or Certificates of Participation (COP) proceeds will be further restricted by the provisions of relevant bond or COP documents.
POLICY:
It is the policy of the City of Norco, and the Successor Agency to the former Norco Redevelopment Agency, (together, the “CITY”) to meet the short and long term cash flow demands of the City in a manner which will provide for the safety of principal and sufficient liquidity, while providing a reasonable return on the City’s investment. The purpose of the Statement of Investment Policy (“Investment Policy”) is to outline a process for the investment of City funds in a prudent manner in order to meet City objectives. This Investment Policy will also govern all funds held in trust by the City.
This Investment Policy applies to all investment activities and financial assets of the City, hereinafter, the “funds.” Bond and Certificates of Participation (COP) proceeds shall be invested in accordance with the requirements and restrictions outlined in the bond and COP documents and are not considered part of idle funds nor subject to this Investment Policy. However, bond and COP proceeds will be included in the monthly report to the City Council per California Government Code Section 53646(b).
Administrative Policy Statement No. 208, INVESTMENT POLICY
PROCEDURE:
I. DELEGATION OF AUTHORITY
The City Treasurer is authorized to invest the City’s funds in accordance with City of Norco Resolution 79-25 and California Government Code Sections 53600, 16429.1 and 53684 et seq.
The delegation of authority is for a period of one-year. The Treasurer shall thereafter assume full responsibility for the investment program until the delegation of authority is revoked. Subject to review, the City Council may renew the delegation of authority each year. The Treasurer may delegate the day-to-day investment activities to his/her designee(s) but not the responsibility for the overall investment program.
If authorized by the City Council, the Treasurer may also utilize the services of an external investment advisor to assist with the investment program. The investment advisor shall never take possession of the City’s funds or assets. No person may engage in investment activities except as provided under the terms of this Policy and the procedures established by the Treasurer.
II. PRUDENCE
Investments shall be made in the context of the “Prudent Investor Standard” which states:
“When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City within the limitations of this section, and considering individual investments as authorized by law.” All investments purchased shall have daily liquidity or final stated maturity date, upon which the full principal value of the security will be received. Although the investment will mature at full principal value, it is recognized the market value will vary throughout the life of the security. In a diversified portfolio it must be further recognized that occasional measured losses are inevitable in a diversified portfolio due to economic, bond market, or individual security credit analysis. These occasional losses must be evaluated and considered within the context of the overall investment return.
The “Prudent Investor” standard shall be applied in the context of managing the funds. The Treasurer, acting within the intent and scope of the Investment Policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
III. INVESTMENT PORTFOLIO OBJECTIVES
Administrative Policy Statement No. 208, INVESTMENT POLICY
The objective of the investment portfolio is to meet the short and long-term cash flow demands of the City. To achieve this objective, and consistent with Government Code Section 53600.5, the portfolio will be structured to provide safety of principal and liquidity, while providing a return on investments.
A. Safety of Principal: Investments of the City shall be undertaken in a manner that seeks to ensure that capital losses are minimized, whether from institution default, brokerdealer default, or erosion of the market value of securities. The Treasurer shall seek to preserve principal by mitigating two types of risk: Credit Risk and Market Risk.
1. Credit Risk – Credit risk, defined as the risk of loss due to failure of an issuer of a security, shall be mitigated by purchasing U.S. Treasury Securities, or high-grade securities. All investments beyond Treasury securities will be diversified so that the failure of any one issuer would not unduly harm the City’s cash flow. Credit risk shall also be mitigated by prequalifying financial institutions, broker/dealers, intermediaries and advisors with which the City Conduct its business.
2. Market or Interest Rate Risk – Interest rate risk is the risk the market value of securities in the portfolio will decline due to changes in general interest rates. Interest rate risk may be mitigated by structuring the funds so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and by investing operating funds primarily in shorter-term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes.
Long-term securities shall not be purchased for the sole purpose of shortterm speculation. Securities shall not be sold prior to maturity with the following exceptions: 1) a declining credit security should be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the portfolio; or 3) liquidity needs of the portfolio require that the security be sold.
B. Liquidity: The funds shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the funds will maintain a liquidity buffer and invest primarily in securities with active secondary or resale markets (dynamic liquidity).
Administrative Policy Statement No. 208, INVESTMENT POLICY
C. Return on Investments (Yield): The funds shall be designed to attain a return on investment through budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk assumed.
IV. ETHICS AND CONFLICTS OF INTEREST
The Treasurer shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair his/her ability to make impartial investment decisions.
The Treasurer shall disclose any material interests in financial institutions with which he/she conduct business. She/he shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio and shall refrain from undertaking personal investment transactions with the same individual or financial institution with whom business is conducted on behalf of the City.
The Treasurer is required to file an annual State of California Form 700 "Statement of Economic Interest Disclosure,” as required by the Fair Political Practices Commission (“FPPC”). During the course of the year, if there is an event subject to disclosure that could impair the ability of the Treasurer to make impartial decisions, the City Manager will be notified in writing within 10 days of the event.
V. SAFEKEEPING OF SECURITIES
To protect against fraud, embezzlement, or losses caused by collapse of individual securities dealers, all securities owned by the City shall be held in safekeeping by the City’s custodial bank or a third party bank trust department, acting as agent for the City under the terms of a custody agreement. This provision will not be applicable for certain investments held as a result of credit agreements entered into by the City. Such custodial bank must be a federal or state association (as defined by Section 5102 of the Financial Code), a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state or with any Federal Reserve Bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System.
All securities will be received and delivered using standard delivery versus payment (“DVP”) procedures pursuant to Government Code Section 53601 which ensures that securities are deposited with the third party custodian prior to the release of funds. Securities will be held by a third party custodian as evidenced by safekeeping receipts. Investments in the State Pool or money market mutual funds are undeliverable and are not subject to delivery or third party safekeeping. The Treasurer shall not be responsible for securities delivered to and receipted for by a financial institution until they are withdrawn from the financial institution by the Treasurer.
VI. FINANCIAL REPORTING
Administrative Policy Statement No. 208, INVESTMENT POLICY
The Treasurer shall render a report (the “Report”) to the City Council and the City Manager containing detailed information on all securities, investments, and monies of the City. The Report will be submitted on a quarterly basis and be provided to the City Manager and City Council within 30 45 days following the end of the quarter.
The Report will contain the following information on the funds that are subject to this Investment Policy: 1) the type of investment, name of the issuer, date of maturity, par and cost of each investment, 2) the market value and source of the valuation, 3) a list of transactions for the period, 4) a description of the compliance with the statement of investment policy, 45) a statement denoting the City’s ability to meet its expenditure requirements for the next six months, and 56) if any City monies are invested in the County Pool, the investment report provided by the County Treasurer pursuant to Government Code Section 53684.
VII. INTERNAL CONTROLS
The Treasurer shall maintain a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures shall address wire transfer controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions.
VIII. EXTERNAL CONTROLS
The independent City auditor will review and verify the City’s investment activity, holdings and compliance with this Investment Policy as part of the City’s annual independent audit and submit a report to the City Council relating thereto as part of their annual report on internal controls.
IX. QUALIFIED DEALERS AND INSTITUTIONS
The City shall transact business only with banks, savings and loans, and registered investment securities dealers. The purchase of any investment, other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporation Code, who is a member of the National Association of Securities Dealers, or a member of a federally-regulated securities exchange, a national or statechartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a securities dealer designated as a Primary Government Dealer by the New York Federal Reserve Bank. Regional dealers may also qualify under the Securities and Exchange Commission Rule 15-3-1 (uniform net capital rule).
The Treasurer shall investigate all institutions that wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City’s needs, and agree to abide by the conditions set forth in this Investment Policy. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must provide a current audited financial statement. Public deposits shall be made in qualified public depositories as established by California Government Code. The purchase of an authorized
Administrative Policy Statement No. 208, INVESTMENT POLICY
investment subject to the limitations of this Policy can be purchased directly from issuers in compliance with California Government Code 53603 and 53635.5.
If the City has contracted with an investment advisor to provide investment services, the investment advisor may use their own list of approved issuers, brokers/dealers and financial institutions with which to conduct transactions on the City’s behalf.
X. COLLATERAL REQUIREMENTS
California Government Code Sections 53652 through 53667 require depositories to post certain types and levels of collateral for public funds above the Federal Deposit Insurance Corporation (“FDIC”) insurance amounts. The collateral requirements apply to bank deposits, both active (checking and savings accounts) and inactive (non-negotiable time certificates of deposit).
XI. AUTHORIZED INVESTMENTS
As provided in Sections 16429.1, 53601, 53649 and 53684 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment’s maturity, no investments with maturities exceeding five years shall be made unless the City Council has previously granted the City to do so at least three months prior to the investment. Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security was purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Treasurer will perform a timely review and decide whether to sell or hold the investment. The investments set forth in this section are authorized investments pursuant to Section 53601 of the Government Code and are authorized investments for the City subject, however, to the prohibitions set forth in Section XII of this Investment Policy.
1. City Issued Debt: Bonds issued by the City, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City.
2. United States Treasury Securities: As authorized in Government Code Section 53601(b), 100% of the City’s portfolio may be invested in U.S. Treasury Notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
3. State of California or Municipal Debt: As authorized in Government Code Sections 53601(c) and 53601(d), 100% of the City’s portfolio may be invested in registered state warrants or treasury notes or bonds of this state or any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the a state or by a
Administrative Policy Statement No. 208, INVESTMENT POLICY
department, board, agency, or authority of the a state. Obligations eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or higher by a Nationally Recognized Statistical Organization (NRSRO).
4. California Local Agency Obligations: As authorized in Government Code Section 53601(e), 100% of the City’s portfolio may be invested in bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue producing property owned, controlled, or operated by the local agency, or by a department, board, agency or authority of the local agency. Obligations eligible for investment under this subdivision shall be rated in a rating category of “A” or equivalent or higher by a NRSRO.
5. United States Government Agency Securities: As authorized in Government Code Section 53601(f), 100% of the City’s portfolio may be invested in federal agency or United States government – sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principle and interest by federal agencies or United States government-sponsored enterprises.
Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participation, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participation, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise.
6. Bankers Acceptances: As authorized in Government Code Section 53601(g), 40% of the City’s portfolio may be invested in bankers’ acceptances. Additionally, the maturity period may not exceed 180 days. Bankers’ acceptances must be rated “A1” or its equivalent or higher by Nationally Recognized Statistical Organization (NRSRO) to be eligible for purchase. However, no more than 30 % of the City’s surplus funds may be invested in the banker’s acceptances of any one commercial bank pursuant to this section.
7. Commercial Paper: As authorized in Government Code Section 53601(h)(2)(c), 25% of the City’s portfolio may be invested in commercial paper of “prime quality of the highest ranking or of the highest letter and number rating as provided for by Nationally Recognized Statistical Organization (NRSRO). Purchases of eligible commercial paper may not exceed 270 days maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. The entity that issues the commercial paper must meet all of the following conditions in either (a) or (b):
(a) The entity must meet the following criteria:
Administrative Policy Statement No. 208, INVESTMENT POLICY
(1) is organized and operating in the United States as a general corporation (2) has total assets in excess of five hundred million dollars ($500,000,000), and
(3) has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by a NRSRO. (b) The entity meets the following criteria:
(1) is organized within the United States as a special purpose corporation, trust, or limited liability company.
(2) has program-wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond, and (3) has commercial paper that is rate “A-1” or its equivalent or higher by NRSRO.
8. Negotiable Certificates of Deposit: As authorized in Government Code Section 53601(i), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally or state licensed branch of a foreign bank. Negotiable CD's must be rated in a rating category of “A” or its equivalent or higher by a Nationally Recognized Statistical Organization (NRSRO). to be eligible for a purchase. The current maximum limit for the standard FDIC insurance is $250,000 per depositor, per insured bank.
9. Non-Negotiable Certificates of Deposit (CD’s): As authorized in Government Code Section 53649, non-negotiable certificates of deposit are fixed-term investments which are required to be collateralized from 105% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. No more than 25% of the City’s portfolio may be invested in non-negotiable CD’s. The maximum maturity for non-negotiable CD’s is five years. Unless collateralized by eligible securities as provided in Sections 53651 and 53652 of the Government Code, the maximum amount of non-negotiable certificates of deposit (including expected interest) to be placed in any single bank or savings and loan shall be the current limit of FDIC insurance. The current maximum limit for the FDIC standard insurance is $250,000 per depositor, per insured bank.
10. Medium Term Corporate Notes: As authorized in Government Code Section 53601(k), 30% of the City’s portfolio may be invested in corporate notes with the maximum maturity of five years. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States. Corporate notes must be rated in a rating category of “A” or its equivalent or higher by a Nationally Recognized Rating Service or NRSRO to be eligible for purchase.
Administrative Policy Statement No. 208, INVESTMENT POLICY
11. Money Market Mutual Funds: As authorized by Government Code Sections 53601(l) and 53601.6(b), 20% of the City’s portfolio may be invested in shares of beneficial interest by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Act of 1940 (15 U.S.C Sec. 80a-1,et seq.) However, no more than 10 percent of the City’s funds may be invested in shares of beneficial interest of any one mutual fund. To be eligible for investment pursuant to this subdivision, these companies will either: (i) attain the highest ranking letter or numerical rating provided by at least two NRSRO’s or (ii) have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000.
12. Receivable–Backed Securities: As authorized by Government Code Section 53601(o), any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum remaining maturity of five years maturityor less. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A” or higher rating for the issuer’s debt as provided by a nationally recognized rating service and rated in a rating category of “AA” or its equivalent or better by a nationally recognized rating serviceNRSRO. Purchase of securities authorized by this subdivision may not exceed 20 percent of the City’s surplus money that may be invested pursuant to this section.
13. Local Government Investment Pools: As authorized in Government Code Section 53601(p), the City may invest in shares of beneficial interest issued by a local Government investment pool joint powers authority. To be eligible for purchase, the investment must meet the requirements of California Government Code Section 53601(p), and the investment must be rated at least “AAA,” or its equivalent, by a NRSRO.
14. Supranational Obligations. As authorized in Government Code Section 53601(q), 30% of the City’s portfolio may be invested in United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO.
Administrative Policy Statement No. 208, INVESTMENT POLICY
1315. Local Agency Investment Fund: As authorized in Government Code Section 16429.1, the City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by state law.
1416. Riverside County Investment Fund: As authorized in Government Code Section 27133, the City may invest in the Riverside County Investment Pool established by the County Treasurer for the benefit of cities.
XII. PROHIBITED TRANSACTIONS
Investments not described herein, including but not limited to, repurchase agreements, reverse repurchase agreements, financial futures, financial option contracts, stocks, inverse floaters, range notes, interest only strips, or any security that could result in zero interest accrual if held to maturity are prohibited for investment by the City.
The following types of transactions are prohibited:
1. Reverse Repurchase Agreements, as defined by California Government Code Sections 53601(5)(c) and 53635(i) or otherwise are prohibited.
2. Instruments known as “Structured Notes” (e.g. inverse floaters, leveraged floaters, structured certificates of deposit, equity-linked securities) and “Derivatives” (e.g. options, futures, swaps, caps, floors, collars) are prohibited. For the purpose of identifying ineligible securities, the definition of prohibited Structured Notes and Derivatives includes all floating-rate, adjustable-rate or variable-rate securities in which a change in interest rates or other variables that can reasonably be foreseen to occur during their term would result in their market value not returning to par at the time of each interest rate adjustment as defined by California Government Code Section 53601.6.
3. No investment prohibited by California Government Code Sections 53601.6 or 53631.5 shall be permitted herein.
XIII. INVESTMENT RESTRICTIONS
The following types of transactions are restricted:
1. Simple “floating rate notes,” whose periodic coupon adjustment is based on a shortterm (one-year or less) rate index (such as Treasury bills, federal funds, prime rate of LIBOR) and which have a reasonable expectation of maintaining a value of par at each interest rate adjustment through final maturity, are considered an eligible investment.
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Eligible floating rate notes (U.S. Government Agencies, Certificates of Deposit, Medium-Term Notes, etc.), must meet all quality, maturity and percent limitations assigned to their respective security category.
2. Callable securities, which otherwise meet the quality, maturity and percent limitations assigned to their respective security category, are considered to be an acceptable investment. U.S. Treasury zero-coupon bonds, U.S. Treasury strips and Resolution Funding Corporation (REFCORP) strips are considered to be an acceptable investment.
3. The average maturity of all instruments, on a dollar-weighted basis, will not exceed 365 730 days.
4. The maximum maturity of any portfolio instrument will be 5 years or less. The maturity of a variable-rate security may be considered to be its next interest rate reset date, if there is a reasonable expectation that the security will maintain an approximate value of par upon each adjustment of the security’s interest rate at any time until final maturity.
5. All investments will be U.S. dollar denominated.
6. Any investment transactions, credit risk criterion, or market valuation that are not in compliance with this Investment Policy must be documented in writing by the Treasurer and approved by the City Manager.
7. Securities that are downgraded below the minimum acceptable rating levels must be reviewed for possible sale within a reasonable amount of time.
7.8.No more than 5% of the portfolio may be invested in the securities of any one issuer, regardless of security type; excluding U.S. Treasuries, federal agencies, supranationals, and pooled investments such as LAIF, County pool, money market funds, or local government investment pools.
It is acknowledged that investment pools in which the City invests may invest funds in any of the securities set forth in Government Coded Section 53601.
XIV. POLICY REVIEW
This Investment Policy shall be reviewed at least annually by the Treasurer, City Manager and City Council to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law, financial and economic trends, and to meet the needs of the City. The Investment Policy shall be presented to and annually reviewed and approved by the City Council in an open session.
Administrative Policy Statement No. 208, INVESTMENT POLICY
XV. LEGISLATIVE CHANGES
Any State of California legislative actions that further restricts allowable maturities, investment type or percentage allocations will, upon effectiveness, be incorporated into the City’s Investment Policy Statement and supersede any and all previous applicable language.
City Manager _________________________________________ Date: ___________________
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.D.
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 2022-23 Slurry Seal Project; and accept bids and award contract for the 2022-23 Slurry Seal Project.
RECOMMENDATION:
Approve an amendment to the FY 2023-2027 CIP to appropriate additional Measure R funding in the amount of $250,000 for the 2022-2023 Slurry Seal Project; accept the bids and award a contract for the 2022-2023 Slurry Seal Project to All American Asphalt in the amount of $224,786; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for FY 2022-2023 Slurry Seal Project were opened on March 1, 2023, with All American Asphalt of Corona, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to All American Asphalt in the amount of $224,786; authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount; and appropriate additional Fiscal Year (FY) 2023-2027 CIP Measure R Funding for this project in the amount of $250,000 for the 2022-23 Slurry Seal Project.
BACKGROUND:
Plans and specifications for the FY 2022-2023 Slurry Seal Project were advertised on January 23, 2023, with a bid opening date of March 1, 2023. A total of six (6) bids were received with proposals ranging in value from $224,786 to $282,155. The bid summary analysis has been attached for Council’s review (Bid Summary Analysis). The FY 2022- 2023 Slurry Seal Project entails the construction of new slurry placement in various locations (see Project Exhibit).
Staff has reviewed all the bids submitted and determined that All American Asphalt of Corona, California as being the lowest responsible bidder in the amount of $224,786 (see
All American Asphalt 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 FY 2022-2023 Slurry Seal Project.
The 2022-2023 Slurry Seal Project has an approved design and construction budget of $200,000 (Fund 149 - Project Numbers 4902.1; Account Numbers 149.930.43160 & 149.930.43160.30). Unfortunately, the fund balance for the Street Improvement Fund has insufficient funding available due to street improvement fees anticipated for development projects is not likely to occur this fiscal year. Therefore, staff is recommending City Council approve amending the FY 2023-2027 CIP Budget to add $250,000 from Measure R (Fund 132) to provide full funding for the project ($224,786) and the 10% contingency.
Staff will notify Measure R Citizen's Oversight Committee of the additional funding for the Slurry Seal Project.
FISCAL IMPACT:
The Fiscal Year 2022-2023 Slurry Seal Project was approved as a Capital Improvement Program (CIP) projects in the Street Improvement Fund 149 in Fiscal Year 2022-2023 but the existing funding has already been allocated for other projects. Measure R has an estimated available fund balance in the amount of $4,058,036, and the new funding requested in the amount of $250,000 can be allocated for the Fiscal Year 2022-2023 Slurry Seal Project.
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the 2022-2023 Slurry Seal 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):
Slurry Seal Locations
Bid Analysis
Bid Proposal
Contract
WALKING HORSE RANCH DR FOURTH ST LA QUINTA WAY GARDEN GROVE AVE
HUERTA WAY
CURTIS DR
STAYNER WAY
LORI CT
RIDGECREST AVE
WALKING
SIERRA AV
DR
RESERVOIR
CORONA AV THIRD ST
RESERVOIR DR
AV
VALLEY
THIRD ST
THIRD ST
TEMESCAL FOURTH ST
MELANIE AV
ADELINA AV FORTUNA RD
CORONA AV FOURTH ST SPENCER DR ELM DR RANCHO LN
INTERSTATE 15 ARROYO LN
RESERVOIR DR
VALLEY VIEW AV
VIEW
VALLEY VIEW AV WRAYMAR LN MAN - O - WAR DR FRONTIER RD TROTMAN AV
PINTO LN
PONDEROSA LN
KINGMAN DR HILLSIDE LN
BUCKBOARD LN
GOLDEN WEST LN
AV THIRD ST
CITATION DR
TRIPLE CROWN CIR WRANGLER WY COLE ST FRONTIER RD
TEMESCAL AV
HILLSIDE AV
HILLSIDE AV BRIDLE LN VAUGHAN ST SADDLE WY ECHOHILLDR ECHO
HILL DR
HILLSIDE AV
HORSE HORSEDR
HIDDEN TRAILS DR SMOKEWOOD DR
SECOND ST PADDOCK LNFOUR WHEEL CT
S FOUR WHEEL DR
PACIFIC AV
WHITE HORSE LN
MOUNTAIN AV
THIRD ST
CHATTERTON LN
CAMPUS DRDALES DR KIPS KORNER RD
ROCKING RIM LN
TROTTER TRAIL SECOND ST
DR
PACER DR
LAREDO LN
WESTERN AV MUSTANG LN
WESTERN AV
LONESTAR DR
STALLION DR
PARKRIDGE AV
WELSH SECOND ST BELGIAN DR DALES DR THE WALK DR
CHEROKEE PL
RING RD
CABALLEROS RD
ROAN CT
INDIAN HORSE DR
RIDING
TOP OF SECOND ST
City of Norco
Bid Results for Project Citywide FY 22‐23 Slurry Seal Project (4902.1) Issued on 01/23/2023Bid Due on March 01, 2023 11:00 AM (PST) Exported on 03/04/2023
Line Totals (Unit Price * Quantity)
Item Number Description
Unit of
Measure Quantity
All American
Asphalt
Pavement
Coatings Co.
American Asphalt
South, Inc.
1 Application of Quick Set Emulsion
Aggregate Slurry Type II (Cationic)
with 2 ½ Percent Latex Additive
including crack sealing, mobilization,
demobiliza
Ɵon, for public streets at
___________________________________________________________Per Extra Long Ton ELT 350 $155,400.00 $133,000.00 $150,167.50 2 Local Full Depth Pavement Repairs at
_____________________________________________________________ Per Square Foot SF 7500 $58,275.00 $82,500.00 $85,125.00 3 Thermoplastic Striping
& Pavement
Markers for Public Streets at
_______________________________________________________________Per Lump Sum LS 1 $11,111.00 $25,000.00 $10,000.00 Subtotal $224,786.00 $240,500.00 $245,292.50
Total $224,786.00 $240,500.00 $245,292.50
City of Norco
Bid Results for Project Citywide FY 22‐23 Slurry Seal Project (4902.1) Issued on 01/23/2023Bid Due on March 01, 2023 11:00 AM (PST) Exported on 03/04/2023
Line Totals (Unit Price * Quantity)
Item Number Description
Unit of
Measure Quantity
1 Application of Quick Set Emulsion
Aggregate Slurry Type II (Cationic)
with 2 ½ Percent Latex Additive
including crack sealing, mobilization,
demobiliza
Ɵon, for public streets at
___________________________________________________________Per Extra Long Ton ELT 350 2 Local Full Depth Pavement Repairs at
_____________________________________________________________ Per Square Foot SF 7500
3 Thermoplastic Striping
& Pavement
Markers for Public Streets at
_______________________________________________________________Per Lump Sum LS 1 Subtotal
Total
Mission Paving and
Sealing, Inc.
Roy Allan Slurry
Seal, Inc.
Hardy
& Harper,
Inc.
$141,750.00 $169,326.50 $121,800.00$102,000.00 $86,100.00 $151,275.00 $9,900.00 $7,408.00 $9,080.00
$253,650.00 $262,834.50 $282,155.00$253,650.00 $262,834.50 $282,155.00
Rubberzed Crackfiller
Sealant, Inc. 998877 1000010726 Fullerton, CA Crack Seal 8.20%
3.92%
Superior Pavement
Markings 776306 1000001476 Cypress, CA Striping
444.00
7.77 58,275.00
155,400.00
11,111.00 11,111.00
Four Hundred Forty-Four
Dollars
Seven Dollars and SeventySeven Cents
Eleven Thousand One Hundred
Eleven Dollars
224,786.00
Two Hundred Twenty-Four Thousand Seven Hundred Eighty-Six Dollars
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CITY OF NORCO
FY 2022-2023 SLURRY SEAL PROJECT
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 5th day of April, 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 All American Asphalt, a corporation with its principal place of business at 400 East Sixth Street, Corona, CA 92879 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provisions of the FY 2022-2023 Slurry Seal Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing street pavement improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the FY 2022-2023 Slurry Seal Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 45 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this
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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 Edward J.
Carlson–Vice President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subPage 68 of 248 CA-3
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 $1000.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$5,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $10,000,000 aggregate for products and completed operations $10,000,000 general aggregate
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(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$5,000,000 per occurrence or claim
$10,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or
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his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or selfinsured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and
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approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
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injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.
The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe
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the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
City:
All American Asphalt
400 East Sixth Street
Corona, CA 92879
Attention: Edward J. Carlson – Vice President
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
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damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
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3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.
For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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Name of Contractor: All American Asphalt
*By:
______________________________________
Signature
Edward J. Carlson, Vice 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 Notary Acknowledgment
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EXHIBIT A
Scope of FY 2022-2023 Slurry Seal Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of application of slurry seal, including crack seal, localized full depth pavement repairs and the installation of striping and pavement markings to the satisfaction and acceptance of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
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EXHIBIT B
Proposal Document
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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:
FY 2022-2023 SLURRY SEAL PROJECT
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of application of slurry seal, including crack seal, localized full depth pavement repairs and the installation of striping and pavement markings 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,
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and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2023.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact
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The rate of premium on this bond is _________________________ per thousand.
The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________
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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.
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:
FY 2022-2023 SLURRY SEAL PROJECT
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of application of slurry seal, including crack seal, localized full depth pavement repairs and the installation of striping and pavement markings 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
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paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2023.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
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The rate of premium on this bond is ________________________ per thousand.
The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________
_______________________________
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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.
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GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
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9. Description of Project:
FY 2022-2023 SLURRY SEAL PROJECT
The general items of work to be done hereunder consist of:
The general items of work to be done hereunder consist of application of slurry seal, including crack seal, localized full depth pavement repairs and the installation of striping and pavement markings 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
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
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(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)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company _____________________________________________ Policy Number _____________________
2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________
3. Named Insured________________________________________________
4. Address of Named Insured________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this
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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
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C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Diane Germain, Deputy City Clerk
Department: City Clerk
SUBJECT:
Appointments to the Southern California Association of Governments (SCAG) General Assembly Meeting to be held on May 4-5, 2023.
RECOMMENDATION:
Adopt Resolution No. 2023-12, appointing Council Member Kevin Bash as the delegate and Council Member Katherine Aleman as the alternate for the SCAG General Assembly on May 4-5, 2023.
SUMMARY:
The Southern California Association of Governments (SCAG) General Assembly meeting will be held in May of 2023 and, as a member of SCAG, the City Council is requested to appoint a delegate and alternate to represent the City of Norco at this annual meeting.
BACKGROUND:
SCAG will be holding its General Assembly meeting on May 4-5, 2023, in Desert Hot Springs, California. SCAG's Regional Conference and General Assembly is where more than 900 local leaders throughout Southern California convene to discuss the question of how to maximize opportunities and meet the challenges of a region that is expected to add four million people over the next 25 years. Each year, SCAG's member cities select a delegate and alternate to represent their city to participate in this annual meeting. The City's representative will have the opportunity to propose any policy matter for determination by the General Assembly or to propose revisions to the SCAG Bylaws.
Council Member Kevin Bash has been recommended as the delegate and Council Member Katherine Aleman as the alternate. Following approval, the City Clerk will submit the fully executed Resolution to SCAG.
FISCAL IMPACT:
No financial impact as a result of this action.
RELATIONSHIP TO STRATEGIC PLAN:
This 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 and Action Plan 2: Expand external communication and promotion of programs, services and events.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Resolution No. 2023-12
RESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPOINTING ONE DESIGNEE AND ONE ALTERNATE
TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
2022 REGIONAL CONFERENCE AND GENERAL ASSEMBLY
WHEREAS, the annual Southern California Association of Governments (SCAG) Regional Conference and General Assembly is where more than 900 local leaders throughout Southern California convene to address regional issues and maximize opportunities; and
WHEREAS, the City of Norco is recommended to appoint representatives to SCAG’s General Assembly, scheduled May 4-5, 2023, to propose any policy matter for determination by the General Assembly or to propose revisions to the SCAG Bylaws; and WHEREAS, on April 5, 2023 the City Council appointed Council Member Kevin Bash as the City’s delegate and Council Member Katherine Aleman as the City’s alternate for the SCAG 2023 General Assembly.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Norco of the following:
1. Council Member Kevin Bash shall serve as the City’s delegate for SCAG’s 2023 General Assembly; and
2. Council Member Katherine Aleman shall serve as the City’s alternate delegate for SCAG’s 2023 General Assembly.
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held April 5, 2023.
______________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
___________________________
Diane Germain, CMC, City Clerk
City of Norco, California
Resolution No. 2023-12 – Appointment to SCAG2023 Regional Conference and General Assembly
April 5, 2023
I, Dana Roa, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on April 5, 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 seal of the City of Norco, California on April 5, 2023.
___________________________
Diane Germain, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Increase Purchase Order Amount for Multiple Vendors to Provide Waterworks Parts Supplies for Fiscal Year 2022-23.
RECOMMENDATION:
Increase the existing combined purchase order authority for Ferguson Waterworks, Core & Main, and United Water Works to a not-to-exceed amount of $250,000 to provide waterworks parts supplies for FY 2022-2023.
SUMMARY:
Rising costs in waterworks parts has resulted in the existing authorized budget for purchasing of parts to be nearly expended. Staff is seeking formal approval to increase existing combined purchase order authority for Ferguson Waterworks, Core & Main, and United Water Works to a not-to-exceed amount of $250,000 to provide waterworks parts supplies for FY 2022-2023.
BACKGROUND:
At the June 15, 2022 meeting, City Council approved the Public Works Department's request to authorize the City Manager to issue open purchase orders with Ferguson Waterworks, Core & Main, and United Water Works to provide waterworks parts supplies in a not-to-exceed cumulative amount of $170,000 for Fiscal Year 2022-2023. During the mid-year budget review, staff determined the steady rising of costs for common and specialty parts has resulted in the current requested budget of $170,000 to be insufficient for the needs of the department for the remainder of the fiscal year. Therefore, as part of the mid-year budget adjustment, Public Works requested and received approval for an additional $100,000 be added to the water operations fund for the purchase of waterworks parts. Staff is now seeking formal approval to increase existing combined purchase order authority for Ferguson Waterworks, Core & Main, and United Water Works to a not-toexceed amount of $250,000 to provide waterworks parts supplies for FY 2022-2023.
FISCAL IMPACT:
Funding for the increase in the purchase order authority was added as part of the midyear adjustment to the Water Operations Fund.
RELATIONSHIP TO STRATEGIC PLAN:
The additional funding for purchase of waterworks supplies is consistent with Strategic Direction No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Shadow Canyon Circle & Various Streets Improvement Project as Complete
RECOMMENDATION:
Accept the Shadow Canyon Circle & Various Streets Improvement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Shadow Canyon Circle & Various Streets Improvement Project consisted of various asphalt remediation, striping and other improvements on Shadow Canyon Circle, Sunset Court, Broken Feather Drive, Broken Twig Drive and Morning Star Lane.
BACKGROUND:
On August 17, 2022 the City Council awarded a contract to All American Asphalt in the amount of $624,145 and authorized the City Manager to approve contract change orders up to 10% for the Shadow Canyon Circle & Various Streets Improvement Project. The final contract amount paid to All American Asphalt was $650,623. The increase in the amount paid was primarily due to additional asphalt quantities.
All American Asphalt has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Notice of Completion
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS
SHADOW CANYON CIRCLE AND VARIOUS STREETS IMPROVEMENT PROJECT IN THE CITY OF NORCO IN
ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND ALL AMERICAN ASPHALT WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 5 TH DAY OF APRIL, 2023.
THE WORK DONE: CONSISTED OF VARIOUS ASPHALT REMEDIATION, STRIPING AND OTHER IMPROVEMENTS ON SHADOW CANYON CIRCLE, SUNSET COURT, BROKEN FEATHER DRIVE, BROKEN TWIG DRIVE AND MORNING STAR LANE, IN THE CITY OF NORCO, CALIFORNIA.
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING AUGUST 17, 2022, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY ALL AMERICAN ASPHALT, LOCATED IN CORONA, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED AUGUST 17, 2022, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS FIDELITY AND DEPOSIT COMPANY OF MARYLAND. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
April 5, 2023
DATED: CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DIANE GERMAIN, CMC
DEPOSIT CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 04/05/23 ______________________________
DATE DIANE GERMAIN, CMC
DEPUTY CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of Right-of-Way Dedication on First Street
RECOMMENDATION:
Accept the dedication of street right-of-way at APN 125-300-018 on First Street and authorize the City Clerk to record the grant deed.
SUMMARY:
The developer of the parcel located on First Street (APN 125-300-018) has been requested to dedicate property for right-of-way purposes to the City of Norco in order to provide the required 30' half-street width along First Street.
BACKGROUND:
During the review of the development plans for a single family residential located at APN 125-300-018 it was determined that the public right-of-way half street width along the subject property was only 25 feet. In order to provide the required 30-foot half street per the City's local street standard, a 5-foot property dedication is required to be made to the City of Norco.
The property owner has submitted an executed Right-of-Way Legal and Plat Map and Grant Deed (copy attached) to the City in conformance with the Norco Municipal Code.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
Acceptance of Public Right-of-Way is consistent with Strategic Direction #5 - Ensure timely preservations, 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):
Legal-Plat and Grant Deed
Certificate of Acceptance
Recording requested by:
CITY OF NORCO
When recorded mail to:
City Clerk
City ofNorco
287 0 Clark Avenue
Norco,CA 92860
APN: 125-300-018
Dtt: $0.00
IRREVOCABLE OFFER TO DEDICATE RIGHT-OF-WAY
FOR AVALUABLECONSIDERATION, receipt ofwhich is hereby acknowledged, BEST INSURANCE SERVICES INCORPORATED, A CALIFORNIA CORPORATION, does hereby grant to the CITY OF NORCO, a municipal corporation, all that real property described in Exhibit “A”(Legal Description) and as shown on Exhibit “B”(Plat) for public right-of-way purposes (including but not limited to the construction, use, operation, maintenance and repair) in over, under, and upon the land in the City of Norco, County of Riverside, State of California.
BY:
Signature <must be notarized>
Rafat Hafez
Chief Financial Officer
City Best Insurance Services Incorporated
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Do e Here Insert Name nd Title of the Of?cer
State of California
County of
Anotary publicor otherofficercompletingthis certificateverifiesonlythe identityofthe individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityofthat document.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is tr and orrect.
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Commission# 2405488
MyComm.ExpiresMay24, 2026
Place Notary Seal and/or Stamp Above ignature of Notary Public personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
OPTIONAL
Completing this information can deter alteration of the document or . fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Dages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
El Corporate Officer - Tit|e(s): El Corporate Officer — Tit|e(s):
El Partner— El Limited II! General [:1 Partner— El Limited El General Individual III Attorney in Fact El Individual Attorney in Fact El Trustee El Guardianor Conservator El Trustee III Guardian or Conservator D Other: El Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
Signature
On before me,
EXHIBIT "A"
STREETAND HIGHWAY EASEMENT
LEGALDESCRIPTION
THATCERTAIN REALPROPERTYSITUATEDINTHECITYOF NORCO, COUNTYOF RIVERSIDE,STATE OF CALIFORNIA,BEINGA PORTION OF LOT6, BLOCK15 OF RIVERSIDEORANGEHEIGHTSTRACT,RECORDED IN BOOK6 OF MAPS, PAGES 74, OFFICIALRECORDSOF SAID COUNTY,MORE PARTICULARLYDESCRIBED AS FOLLOWS:
BEINGTHE SOUTHERLY5 FEETOF THE EASTERLY80 FEETOF THE FOLLOWINGDESCRIBEDPROPERTY:
BEGINNING AT A POINT ON THE SOUTHERLYLINEOF SAID LOT6, 260 FEETEASTFROM THESOUTHWEST
CORNERTHEREOF,SAIDPOINT BEINGTHESOUTHEASTCORNER OF THATCERTAINPARCELOF LAND CONVEYEDTO JOSEPHFRANCISBALFEANDSHIRLEYE. BALFE,HUSBANDANDWIFE, BYDEEDRECORDED SEPTEMBER1, 1948 IN BOOK1008, PAGE 261 OF OFFICIALRECORDSOF SAIDCOUNTY,SAID POINT ALSO BEINGON THE NORTHERLYRIGHTOF WAY OF FIRSTSTREET, 25 FEETHALFWIDTH; THENCECONTINUINGEASTERLYALONGSAIDSOUTHERLYLINENORTH 89°53'00" EAST,200.00 FEET; THENCENORTHERLYAND PARALLELWITHTHEWEST LINEOF SAID LOT6, NORTH00°01'14" EAST, 200.00 FEET;
THENCEWESTERLYAND PARALLELWITHTHESOUTH LINEOF SAID LOT6, SOUTH 89°53'00" WEST, 200.00 FEETTO THE NORTHEASTCORNEROF SAIDPARCELSO CONVEYEDTO JOSEPH FRANCISBALFE AND SHIRLEYE. BALFE;
THENCESOUTHERLYALONGTHE EASTLINEOF SAID PARCEL,SOUTH 00°01'14" WEST, 200.00 FEETTO THEPOINT OF BEGINNING.
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APN:125—300
WHEN RECORDED RETURN TO:
CITY OF NORCO
2870 CLARK AVENUE
NORCO, CA 92860
ATTENTION: CITY CLERK
CITY OF NORCO
CERTIFICATE OF ACCEPTANCE
This is to certify that the Norco City Council, at its meeting of April 5, 2023, unanimously approved the dedication of 5-foot of parcel known as APN 125-300-018 for right-of-way purpose to provide required 30-foot half-street width along First Street, in Norco, California, 92860. Best Insurance Services Incorp., a California Corporation, do hereby grant to the City of Norco, a Municipal Corporation, in the County of Riverside, State of California, as described in attached Exhibit “A” (legal description), and as shown on Exhibit “B” (plat).
DATED: April 5, 2023
CITY OF NORCO, a Municipal Corporation
________________________
Robin Grundmmeyer, Mayor
City of Norco, California
ATTEST:
_____________________
Diane Germain, CMC
Deputy City Clerk
/di
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Addition of Utility Maintenance Worker positions within the Public Works Department RECOMMENDATION:
Authorize the Public Works Department to add two (2) full-time Utility Maintenance Worker positions as part of the FY 2022-2023 budget.
SUMMARY:
Staffing levels within the Public Works Department field staff has been below the level of service needed for the overall workload of the department. The Public Works Department is seeking City Council formal approval to add two (2) Utility Maintenance Worker positions to the current FY 2022-2023 budget.
BACKGROUND:
During the recent employee relations negotiations with Local 606, the City Council was asked to consider modifications to compensation and staffing levels for the Public Works field staff. There are only 12 full-time positions within the Public Works field staff that maintain all the above and below ground infrastructure in the City. Staff fatigue from high overtime requirements and compensation concerns has lead to departures by experienced staff to other nearby agencies that offer more competitive compensation and less over-time expectations. The City Council recently successfully addressed the issue of compensation through a side letter agreement with Local 606, which has had an immediate positive impact on the number of qualified and experienced candidates readily applying to work for Norco.
The Public Works Director also requested City Council to consider augmenting the staffing levels for the Public Works field staff by adding four (4) full-time Utility Maintenance Workers. The request was made to help balance the amount of duties with the appropriate level of staffing to manage the large workload on staff that cover multiple disciplines, including water, sewer, streets, storm drains, parkways, and trails.
The addition of four (4) Utility Maintenance Workers was agreed to by Council as part of informal discussions, with the proposed staffing phased in over 3 years. The Public Works Department is now seeking City Council formal approval to add the two (2) Utility Maintenance Worker positions to the current FY 2022-2023 personnel allocation. Funds have already been included in the adjusted FY 2022-2023 budget for these positions.
FISCAL IMPACT:
Funds for the additional personnel were already included in the adjusted budgets for this department. This action adds the positions to the personnel allocation.
RELATIONSHIP TO STRATEGIC PLAN:
The addition of Utility Maintenance Worker positions is consistent with Strategic Direction No. 2 - Human Capital: Build a sustainable workforce to meet the needs of all stakeholders.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.J.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Amendment of FY 2023-2027 Capital Improvement Program (CIP) to include additional funding for the MDP Line N-4 Storm Drain Project, acceptance of bids and award of Contract for the MDP Line N-4 Storm Drain Project
RECOMMENDATION:
Appropriate additional Fiscal Year (FY) 2023-2027 CIP Storm Drain funding in the amount of $1,144,697 for the MDP N-4 Storm Drain Project from the Storm Drain Fund and $50,000 in the Water Operating Fund; accept bids and award a contract to AID Builders, Inc. for the MDP Line N-4 Storm Drain Project in the amount of $1,829,725; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
SUMMARY:
Bids for the MDP Line N-4 Storm Drain Project were opened on February 28, 2023, with AID Builders, Inc. of Los Alamitos, California being the lowest responsible bidder.
Therefore, it is recommended that a contract be awarded to AID Builders, Inc. in the amount of $1,829,725 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.
BACKGROUND:
Plans and specifications for the MDP Line N-4 Storm Drain Project were advertised on January 25, 2023, with a bid opening date of February 28, 2022. A total of seven (7) bids were received with proposals ranging in value from $1,829,725 to $3,199,250. The bid summary analysis has been attached for Council’s review (See Bid Summary). The MDP Line N-4 Storm Drain Project consists of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter,
local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer (See Project Exhibit).
Staff has reviewed all the bids submitted and determined that AID Builders, Inc. of Los Alamitos, California, as being the lowest responsible bidder in the amount of $1,829,725 (see Bid Proposal). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the MDP Line N-4 Storm Drain Project.
The MDP Line N-4 Storm Drain Project has an approved budget of $818,000 (Fund 129 - Project No. 4214.26; Account No. 129.935.43180 & 129.935.43180.30) for the storm drain portion of the project. The budget is insufficient to fund the low bid amount.
RCFC&WCD has indicated they would provide the additional funding except for the City's watermain and services relocations. The City would need to cover that funding in the amount of $50,000 per the bid item. Therefore, staff is recommending approval to amend the FY 2023-2027 CIP Budget to increase the project budget in the amount of $1,144,698 for the storm drain construction portion of the work and $50,000 in Water Funds (144) for the water infrastructure relocation related work to ensure sufficient funding for the project ($1,829,725, the full bid amount), $50,000 for inspection services and a 10% contingency.
Funds for the storm drain portion of the project will be secured through a Funding Agreement with RCFC&WCD. Funding for the storm drain portion of the project includes 100% of the contract award amount, 100% of the design costs, 10% for design administration, 15% for construction contract administration and 10% for construction change orders. The City's water main relocation costs totaling $50,000 will not be funded by RCFC&WCD and has been included in the additional Water Funds for the water infrastructure relocation costs above. The RCFC&WCD funding agreement will be brought to Council once staff obtains the updated agreement for the additional funding.
FISCAL IMPACT:
The MDP Line N-4 Storm Drain Project was approved as a Capital Improvement Program (CIP) project in the Storm Drain Fund in Fiscal Year 2022-2026. Funds in the amount of $818,000 ($8,000 for design, $810,000 for storm drain construction) were carried over to FY 2023-2027. Funds in the amount of 818,000 are not sufficient to fund the lowest bidder bid amount including the 10% contingency. Staff is requesting the appropriation of additional funding for construction costs in the amount of $1,144,698 for the Storm Drain project including 10% contingency and inspection services (Project Number 4214.26; Account Number 129.935.43180 & 129.935.43180.30 - Storm Drain) and $50,000 for water infrastructure relocations (Water Operating Fund). Funds for the storm drain portion of the project will be secured through a Funding Agreement with RCFC&WCD.
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the MDP Line N-4 Storm Drain 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):
Project Exhibit
Bid Summary
Bid Proposal
Contract
NORCO MDP LINE N-4 STORM DRAIN
NORTH NORCO CHANNEL
STREET
SIERRA AVENUE
VALLEY VIEW AVENUE ARROYO LANE
INTERSTATE 15
ELM DRIVE
FOURTH
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization and demobilization and Cleanup (Max 3%
of Total Base Bid), at ______________________
_____________________________________
Per Lump Sum L.S. 1 $50,000.00 $50,000.00 $25,000.00 $25,000.00 $50,000.00 $50,000.00 2 Construct 36‐in RCP with Trench Repair per City of
Norco STD. 155 (modified per detail on Sheet 5) at
______________________________________________________________ Per Linear Foot L.F. 1320 $390.00 $514,800.00 $375.00 $495,000.00 $467.00 $616,440.00 3 Construct 24‐in RCP with Trench Repairt per City of
Norco STD. 155 at______________________________________________________________ Per Linear Foot L.F. 285 $345.00 $98,325.00 $300.00 $85,500.00 $300.00 $85,500.00 4 Construct Manhole No. 2 per STD. DWG. MH252
(D1=D2=36"). Manhole cover and frame per STD.
DWG. MH260 at
______________________________________________________________ Per Each E.A 3 $10,500.00 $31,500.00 $15,000.00 $45,000.00 $11,000.00 $33,000.00 5 Construct 18‐in RCP trench repair per City of Norco
STD. 155 at
______________________________________________________________ Per Linear Foot L.F. 700 $300.00 $210,000.00 $225.00 $157,500.00 $269.00 $188,300.00 6 Construct Catch Basin NO. 1 (W=14’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB L) at______________________________________________________________ Per Each E.A. 1 $16,500.00 $16,500.00 $20,000.00 $20,000.00 $11,000.00 $11,000.00 Bid Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) AID Builders, Inc. BONADIMAN WATER, INC. Kirtley Construction, Inc. dba TK Construction
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) AID Builders, Inc. BONADIMAN WATER, INC. Kirtley Construction, Inc. dba TK Construction 7 Construct Catch Basin NO. 1 (W=7’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB A) at______________________________________________________________ Per Each E.A. 1 $14,000.00 $14,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 8 Construct Catch Basin NO. 1 (W=3.5’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB B, D, E & F) at
______________________________________________________________ Per Each E.A. 4 $11,500.00 $46,000.00 $10,000.00 $40,000.00 $8,600.00 $34,400.00 9 Construct Catch Basin No. 4 per STD. CB101,
(W=13.54' ‐ 4 grates). Local depression No. 3 per
RCFCWCD STD. LD202 (case per plan). V and
W per
plan. (CB I & J) at
______________________________________________________________ Per Each E.A. 2 $22,500.00 $45,000.00 $28,000.00 $56,000.00 $16,500.00 $33,000.00 10 Construct Catch Basin No. 4 per STD. CB101, (W=6.77' ‐ 2 grates). Local depression No. 3 per RCFCWCD STD.
LD202 (case per plan). V and
W per plan. (CB C, G & K)
at______________________________________________________________ Per Each E.A. 3 $17,500.00 $52,500.00 $26,000.00 $78,000.00 $12,000.00 $36,000.00 11 Remove and reconstruct existing sewer lateral per
SPPWC Std. 223‐2 at
______________________________________________________________ Per Each E.A. 11 $6,500.00 $71,500.00 $4,000.00 $44,000.00 $1,000.00 $11,000.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) AID Builders, Inc. BONADIMAN WATER, INC. Kirtley Construction, Inc. dba TK Construction 12 Construct Catch Basin No. 4 per STD. CB101, (W=3').
Modified with one grate only. Local depression No. 3
per RCFCWCD STD. LD202 (case per plan). V and
W per
plan. (CB M)at______________________________________________________________ Per Each E.A. 1 $12,500.00 $12,500.00 $15,000.00 $15,000.00 $9,200.00 $9,200.00 13 Construct Manhole No. 4 per STD. DWG. MH254
(D=36") at______________________________________________________________ Per Each E.A. 4 $8,500.00 $34,000.00 $14,000.00 $56,000.00 $12,600.00 $50,400.00 14 Construct Manhole No. 4 per STD. DWG. MH254
(D=24") at
______________________________________________________________ Per Each E.A. 1 $7,500.00 $7,500.00 $12,000.00 $12,000.00 $13,500.00 $13,500.00 15 Construct Junction Structure No.2 per STD. DWG.
JS227 (D=36") at
______________________________________________________________ Per Each E.A. 5 $3,500.00 $17,500.00 $5,000.00 $25,000.00 $6,900.00 $34,500.00 16 Construct concrete collar per STD. M803 at
_____________________________________________________________ Per Each E.A. 4 $1,800.00 $7,200.00 $4,000.00 $16,000.00 $4,300.00 $17,200.00 17 Remove Ex. Catch basin at_____________________________________________________________ Per Each E.A. 2 $4,500.00 $9,000.00 $1,800.00 $3,600.00 $2,000.00 $4,000.00 18 Remove and Replace Existing 12” & 18” Waterlines
per detail on Sheet 6 at _________________________
_____________________________________
Per Lump Sum L.S. 1 $50,000.00 $50,000.00 $175,000.00 $175,000.00 $160,000.00 $160,000.00 19 Remove interfering portion of existing RCP storm drain line at
_________________________
_____________________________________
Per Linear Foot L.F. 85 $150.00 $12,750.00 $500.00 $42,500.00 $110.00 $9,350.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) AID Builders, Inc. BONADIMAN WATER, INC. Kirtley Construction, Inc. dba TK Construction 20 Install 18" HPDE with concrete encasement (fittings, bends, bedding and backfill per City of Norco STD.
155) and temporary resurfacing at
______________________________________________________________ Per Linear Foot L.F. 60 $350.00 $21,000.00 $900.00 $54,000.00 $1,600.00 $96,000.00 21 Construct Manhole No. 1 per STD MH251 (D=18").
Manhole cover and frame per STD. MH260 at
______________________________________________________________ Per Each E.A. 1 $7,500.00 $7,500.00 $10,000.00 $10,000.00 $12,000.00 $12,000.00 22 Construct Manhole No. 1 per STD MH251 (D=18").
Modified with no shaft at______________________________________________________________ Per Each E.A. 2 $5,000.00 $10,000.00 $10,000.00 $20,000.00 $11,000.00 $22,000.00 23 Construct rolled curb transition per C.O.N STD. NO.
215 at
_______________________
____________
Per Linear Foot L.F. 30 $75.00 $2,250.00 $100.00 $3,000.00 $300.00 $9,000.00 24 Connect exisƟng pipe to catch basin
at
_________________________
____________
Per Lump Sum L.S. 1 $8,000.00 $8,000.00 $3,000.00 $3,000.00 $6,000.00 $6,000.00 25 Construct concrete bulkhead on open ended
abandoned pipes per RCFCSTD. NO. M816 at
_____________________________________
Per Each E.A. 4 $3,500.00 $14,000.00 $800.00 $3,200.00 $3,000.00 $12,000.00 26 Remove exisƟng tree at _________________________
_____________________________________
Per Each E.A. 5 $2,000.00 $10,000.00 $5,000.00 $25,000.00 $1,500.00 $7,500.00 27 Abandon in place existing storm drain line at
______________________________________________________________ Per Linear Foot L.F. 280 $50.00 $14,000.00 $10.00 $2,800.00 $100.00 $28,000.00 28 Construct 36‐in RCP with trench repair per City of
Norco STD. 155 at______________________________________________________________ Per Linear Foot L.F. 490 $410.00 $200,900.00 $375.00 $183,750.00 $560.00 $274,400.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) AID Builders, Inc. BONADIMAN WATER, INC. Kirtley Construction, Inc. dba TK Construction 29 Remove & Replace Curb & Gutter (Type C) per city of
Norco STD. Dwg. No. 200 at
______________________________________________________________ Per Linear Foot L.F. 250 $50.00 $12,500.00 $100.00 $25,000.00 $150.00 $37,500.00 30 Replace in kind existing concrete slurry backfill at _____________________________________
Per Lump Sum L.S. 1 $10,000.00 $10,000.00 $8,000.00 $8,000.00 $4,600.00 $4,600.00 31 Construct concrete encasement per SPPWC Std. 225‐3
_____________________________________________________________ Per Lump Sum L.S. 1 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 32 Remove & Reconstruct Existing Water Service Lateral
at
_________________________
_____________________________________
Per Each E.A. 4 $7,000.00 $28,000.00 $3,000.00 $12,000.00 $4,600.00 $18,400.00 33 Remove & Replace existing fence and mail box at
______________________________________________________________ Per Lump Sum L.S. 1 $20,000.00 $20,000.00 $2,000.00 $2,000.00 $16,100.00 $16,100.00 34 Construct catch basin No.1 W=21' with backside
opening. local depression (CB H) at
______________________________________________________________ Per Each EA 1 $22,000.00 $22,000.00 $28,000.00 $28,000.00 $10,400.00 $10,400.00 35 Construct 4” AC over native
at______________________________________________________________ Per Square Foot S.F. 100 $40.00 $4,000.00 $25.00 $2,500.00 $50.00 $5,000.00 36 Traffic Control (including Engineered Traffic Control Plan) at ______________________________________________________________ Per Lump Sum L.S. 1 $45,000.00 $45,000.00 $20,000.00 $20,000.00 $14,000.00 $14,000.00 37 Water Pollution Compliance
at______________________________________________________________ Per Lump Sum L.S. 1 $40,000.00 $40,000.00 $2,000.00 $2,000.00 $700.00 $700.00 38 Utility Potholing and Locating at
______________________________________________________________ Per Lump Sum L.S. 1 $50,000.00 $50,000.00 $160,000.00 $160,000.00 $25,000.00 $25,000.00 Subtotal $1,829,725.00 $1,975,350.00 $2,035,390.00
Total $1,829,725.00 $1,975,350.00 $2,035,390.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Item Description Unit Qty
1 Mobilization and demobilization and Cleanup (Max 3%
of Total Base Bid), at ______________________
_____________________________________
Per Lump Sum L.S. 1
2 Construct 36‐in RCP with Trench Repair per City of
Norco STD. 155 (modified per detail on Sheet 5) at
______________________________________________________________ Per Linear Foot L.F. 1320
3 Construct 24‐in RCP with Trench Repairt per City of
Norco STD. 155 at______________________________________________________________ Per Linear Foot L.F. 285
4 Construct Manhole No. 2 per STD. DWG. MH252
(D1=D2=36"). Manhole cover and frame per STD.
DWG. MH260 at
______________________________________________________________ Per Each E.A 3
5 Construct 18‐in RCP trench repair per City of Norco
STD. 155 at
______________________________________________________________ Per Linear Foot L.F. 700
6 Construct Catch Basin NO. 1 (W=14’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB L) at______________________________________________________________ Per Each E.A. 1
Bid Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) Unit Price Line Total Unit Price Line Total Unit Price Line Total $50,000.00 $50,000.00 $65,000.00 $65,000.00 $79,797.00 $79,797.00 $635.00 $838,200.00 $437.50 $577,500.00 $426.00 $562,320.00$490.00 $139,650.00 $396.00 $112,860.00 $457.00 $130,245.00 $8,900.00 $26,700.00 $16,000.00 $48,000.00 $10,219.00 $30,657.00 $320.00 $224,000.00 $461.00 $322,700.00 $727.00 $508,900.00 $14,500.00 $14,500.00 $18,300.00 $18,300.00 $15,585.00 $15,585.00 Vasilj, Inc.
Ferreira Construction Co, Inc. DBA Ferreira
Coastal Construction Griffith Company
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 7 Construct Catch Basin NO. 1 (W=7’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB A) at______________________________________________________________ Per Each E.A. 1
8 Construct Catch Basin NO. 1 (W=3.5’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB B, D, E & F) at
______________________________________________________________ Per Each E.A. 4
9 Construct Catch Basin No. 4 per STD. CB101,
(W=13.54' ‐ 4 grates). Local depression No. 3 per
RCFCWCD STD. LD202 (case per plan). V and
W per
plan. (CB I & J) at
______________________________________________________________ Per Each E.A. 2
10 Construct Catch Basin No. 4 per STD. CB101, (W=6.77' ‐ 2 grates). Local depression No. 3 per RCFCWCD STD.
LD202 (case per plan). V and
W per plan. (CB C, G & K)
at______________________________________________________________ Per Each E.A. 3
11 Remove and reconstruct existing sewer lateral per
SPPWC Std. 223‐2 at
______________________________________________________________ Per Each E.A. 11
Unit Price Line Total Unit Price Line Total Unit Price Line Total Vasilj, Inc.
Ferreira Construction Co, Inc. DBA Ferreira
Coastal Construction Griffith Company
$10,500.00 $10,500.00 $13,620.00 $13,620.00 $11,984.00 $11,984.00 $9,500.00 $38,000.00 $10,625.00 $42,500.00 $10,144.00 $40,576.00 $18,500.00 $37,000.00 $23,000.00 $46,000.00 $22,876.00 $45,752.00$11,500.00 $34,500.00 $14,790.00 $44,370.00 $19,563.00 $58,689.00 $1,000.00 $11,000.00 $1,700.00 $18,700.00 $7,721.00 $84,931.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 12 Construct Catch Basin No. 4 per STD. CB101, (W=3').
Modified with one grate only. Local depression No. 3
per RCFCWCD STD. LD202 (case per plan). V and
W per
plan. (CB M)at______________________________________________________________ Per Each E.A. 1
13 Construct Manhole No. 4 per STD. DWG. MH254
(D=36") at______________________________________________________________ Per Each E.A. 4
14 Construct Manhole No. 4 per STD. DWG. MH254
(D=24") at
______________________________________________________________ Per Each E.A. 1
15 Construct Junction Structure No.2 per STD. DWG.
JS227 (D=36") at
______________________________________________________________ Per Each E.A. 5
16 Construct concrete collar per STD. M803 at
_____________________________________________________________ Per Each E.A. 4
17 Remove Ex. Catch basin at_____________________________________________________________ Per Each E.A. 2
18 Remove and Replace Existing 12” & 18” Waterlines
per detail on Sheet 6 at _________________________
_____________________________________
Per Lump Sum L.S. 1
19 Remove interfering portion of existing RCP storm drain line at
_________________________
_____________________________________
Per Linear Foot L.F. 85
Unit Price Line Total Unit Price Line Total Unit Price Line Total Vasilj, Inc.
Ferreira Construction Co, Inc. DBA Ferreira
Coastal Construction Griffith Company
$8,500.00 $8,500.00 $9,500.00 $9,500.00 $10,591.00 $10,591.00$9,500.00 $38,000.00 $18,000.00 $72,000.00 $10,130.00 $40,520.00$7,900.00 $7,900.00 $14,000.00 $14,000.00 $9,678.00 $9,678.00$2,000.00 $10,000.00 $6,000.00 $30,000.00 $5,900.00 $29,500.00$2,000.00 $8,000.00 $3,700.00 $14,800.00 $1,445.00 $5,780.00$5,000.00 $10,000.00 $1,000.00 $2,000.00 $1,603.00 $3,206.00 $130,000.00 $130,000.00 $184,000.00 $184,000.00 $244,871.00 $244,871.00 $125.00 $10,625.00 $120.00 $10,200.00 $129.00 $10,965.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 20 Install 18" HPDE with concrete encasement (fittings, bends, bedding and backfill per City of Norco STD.
155) and temporary resurfacing at
______________________________________________________________ Per Linear Foot L.F. 60
21 Construct Manhole No. 1 per STD MH251 (D=18").
Manhole cover and frame per STD. MH260 at
______________________________________________________________ Per Each E.A. 1
22 Construct Manhole No. 1 per STD MH251 (D=18").
Modified with no shaft at______________________________________________________________ Per Each E.A. 2
23 Construct rolled curb transition per C.O.N STD. NO.
215 at
_______________________
____________
Per Linear Foot L.F. 30
24 Connect exisƟng pipe to catch basin
at
_________________________
____________
Per Lump Sum L.S. 1
25 Construct concrete bulkhead on open ended
abandoned pipes per RCFCSTD. NO. M816 at
_____________________________________
Per Each E.A. 4
26 Remove exisƟng tree at _________________________
_____________________________________
Per Each E.A. 5
27 Abandon in place existing storm drain line at
______________________________________________________________ Per Linear Foot L.F. 280
28 Construct 36‐in RCP with trench repair per City of
Norco STD. 155 at______________________________________________________________ Per Linear Foot L.F. 490
Unit Price Line Total Unit Price Line Total Unit Price Line Total Vasilj, Inc.
Ferreira Construction Co, Inc. DBA Ferreira
Coastal Construction Griffith Company
$450.00 $27,000.00 $329.00 $19,740.00 $1,696.00 $101,760.00 $7,000.00 $7,000.00 $13,000.00 $13,000.00 $9,731.00 $9,731.00$5,000.00 $10,000.00 $11,360.00 $22,720.00 $7,194.00 $14,388.00 $70.00 $2,100.00 $78.00 $2,340.00 $81.00 $2,430.00
$3,000.00 $3,000.00 $2,400.00 $2,400.00 $2,805.00 $2,805.00 $720.00 $2,880.00 $600.00 $2,400.00 $758.00 $3,032.00
$1,000.00 $5,000.00 $1,300.00 $6,500.00 $1,325.00 $6,625.00 $50.00 $14,000.00 $5.00 $1,400.00 $70.25 $19,670.00
$500.00 $245,000.00 $497.00 $243,530.00 $561.00 $274,890.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 29 Remove & Replace Curb & Gutter (Type C) per city of
Norco STD. Dwg. No. 200 at
______________________________________________________________ Per Linear Foot L.F. 250
30 Replace in kind existing concrete slurry backfill at _____________________________________
Per Lump Sum L.S. 1
31 Construct concrete encasement per SPPWC Std. 225‐3
_____________________________________________________________ Per Lump Sum L.S. 1
32 Remove & Reconstruct Existing Water Service Lateral
at
_________________________
_____________________________________
Per Each E.A. 4
33 Remove & Replace existing fence and mail box at
______________________________________________________________ Per Lump Sum L.S. 1
34 Construct catch basin No.1 W=21' with backside
opening. local depression (CB H) at
______________________________________________________________ Per Each EA 1
35 Construct 4” AC over native
at______________________________________________________________ Per Square Foot S.F. 100
36 Traffic Control (including Engineered Traffic Control Plan) at ______________________________________________________________ Per Lump Sum L.S. 1
37 Water Pollution Compliance
at______________________________________________________________ Per Lump Sum L.S. 1
38 Utility Potholing and Locating at
______________________________________________________________ Per Lump Sum L.S. 1
Unit Price Line Total Unit Price Line Total Unit Price Line Total Vasilj, Inc.
Ferreira Construction Co, Inc. DBA Ferreira
Coastal Construction Griffith Company
$120.00 $30,000.00 $150.00 $37,500.00 $72.50 $18,125.00 $7,000.00 $7,000.00 $14,500.00 $14,500.00 $5,366.00 $5,366.00$7,000.00 $7,000.00 $2,400.00 $2,400.00 $6,437.00 $6,437.00$4,500.00 $18,000.00 $1,500.00 $6,000.00 $11,111.00 $44,444.00 $15,000.00 $15,000.00 $36,000.00 $36,000.00 $8,051.00 $8,051.00$23,500.00 $23,500.00 $27,700.00 $27,700.00 $29,072.00 $29,072.00 $14.00 $1,400.00 $25.00 $2,500.00 $13.00 $1,300.00
$9,000.00 $9,000.00 $75,000.00 $75,000.00 $108,477.00 $108,477.00$2,500.00 $2,500.00 $700.00 $700.00 $15,451.00 $15,451.00 $12,000.00 $12,000.00 $13,000.00 $13,000.00 $87,607.00 $87,607.00 $2,088,455.00 $2,175,380.00 $2,684,208.00$2,088,455.00 $2,175,380.00 $2,684,208.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Item Description Unit Qty
1 Mobilization and demobilization and Cleanup (Max 3%
of Total Base Bid), at ______________________
_____________________________________
Per Lump Sum L.S. 1
2 Construct 36‐in RCP with Trench Repair per City of
Norco STD. 155 (modified per detail on Sheet 5) at
______________________________________________________________ Per Linear Foot L.F. 1320
3 Construct 24‐in RCP with Trench Repairt per City of
Norco STD. 155 at______________________________________________________________ Per Linear Foot L.F. 285
4 Construct Manhole No. 2 per STD. DWG. MH252
(D1=D2=36"). Manhole cover and frame per STD.
DWG. MH260 at
______________________________________________________________ Per Each E.A 3
5 Construct 18‐in RCP trench repair per City of Norco
STD. 155 at
______________________________________________________________ Per Linear Foot L.F. 700
6 Construct Catch Basin NO. 1 (W=14’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB L) at______________________________________________________________ Per Each E.A. 1
Bid Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) Unit Price Line Total
$95,000.00 $95,000.00
$725.00 $957,000.00$600.00 $171,000.00
$12,000.00 $36,000.00
$600.00 $420,000.00
Mike
$24,250.00 $24,250.00
Bubalo Construction Co., Inc.
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 7 Construct Catch Basin NO. 1 (W=7’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB A) at______________________________________________________________ Per Each E.A. 1
8 Construct Catch Basin NO. 1 (W=3.5’) per RCFCWCD
STD. DWG. CB100, and 6” thick concrete apron as
shown on plan. Local depression NO. 2 per RCFCWCD
STD. DWG. LD201 (Case per plan). V and
W per plan.
(CB B, D, E & F) at
______________________________________________________________ Per Each E.A. 4
9 Construct Catch Basin No. 4 per STD. CB101,
(W=13.54' ‐ 4 grates). Local depression No. 3 per
RCFCWCD STD. LD202 (case per plan). V and
W per
plan. (CB I & J) at
______________________________________________________________ Per Each E.A. 2
10 Construct Catch Basin No. 4 per STD. CB101, (W=6.77' ‐ 2 grates). Local depression No. 3 per RCFCWCD STD.
LD202 (case per plan). V and
W per plan. (CB C, G & K)
at______________________________________________________________ Per Each E.A. 3
11 Remove and reconstruct existing sewer lateral per
SPPWC Std. 223‐2 at
______________________________________________________________ Per Each E.A. 11
Mike
Unit Price Line Total
Bubalo Construction Co., Inc.
$20,000.00 $20,000.00$15,000.00 $60,000.00$30,000.00 $60,000.00$20,000.00 $60,000.00$20,000.00 $220,000.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 12 Construct Catch Basin No. 4 per STD. CB101, (W=3').
Modified with one grate only. Local depression No. 3
per RCFCWCD STD. LD202 (case per plan). V and
W per
plan. (CB M)at______________________________________________________________ Per Each E.A. 1
13 Construct Manhole No. 4 per STD. DWG. MH254
(D=36") at______________________________________________________________ Per Each E.A. 4
14 Construct Manhole No. 4 per STD. DWG. MH254
(D=24") at
______________________________________________________________ Per Each E.A. 1
15 Construct Junction Structure No.2 per STD. DWG.
JS227 (D=36") at
______________________________________________________________ Per Each E.A. 5
16 Construct concrete collar per STD. M803 at
_____________________________________________________________ Per Each E.A. 4
17 Remove Ex. Catch basin at_____________________________________________________________ Per Each E.A. 2
18 Remove and Replace Existing 12” & 18” Waterlines
per detail on Sheet 6 at _________________________
_____________________________________
Per Lump Sum L.S. 1
19 Remove interfering portion of existing RCP storm drain line at
_________________________
_____________________________________
Per Linear Foot L.F. 85
Mike
Unit Price Line Total
Bubalo Construction Co., Inc.
$20,000.00 $20,000.00$25,000.00 $100,000.00$20,000.00 $20,000.00$15,000.00 $75,000.00 $5,000.00 $20,000.00
$10,000.00 $20,000.00
$125,000.00 $125,000.00
$100.00 $8,500.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 20 Install 18" HPDE with concrete encasement (fittings, bends, bedding and backfill per City of Norco STD.
155) and temporary resurfacing at
______________________________________________________________ Per Linear Foot L.F. 60
21 Construct Manhole No. 1 per STD MH251 (D=18").
Manhole cover and frame per STD. MH260 at
______________________________________________________________ Per Each E.A. 1
22 Construct Manhole No. 1 per STD MH251 (D=18").
Modified with no shaft at______________________________________________________________ Per Each E.A. 2
23 Construct rolled curb transition per C.O.N STD. NO.
215 at
_______________________
____________
Per Linear Foot L.F. 30
24 Connect exisƟng pipe to catch basin
at
_________________________
____________
Per Lump Sum L.S. 1
25 Construct concrete bulkhead on open ended
abandoned pipes per RCFCSTD. NO. M816 at
_____________________________________
Per Each E.A. 4
26 Remove exisƟng tree at _________________________
_____________________________________
Per Each E.A. 5
27 Abandon in place existing storm drain line at
______________________________________________________________ Per Linear Foot L.F. 280
28 Construct 36‐in RCP with trench repair per City of
Norco STD. 155 at______________________________________________________________ Per Linear Foot L.F. 490
Mike
Unit Price Line Total
Bubalo Construction Co., Inc.
$1,000.00 $60,000.00
$10,000.00 $10,000.00$10,000.00 $20,000.00
$100.00 $3,000.00
$5,000.00 $5,000.00$5,000.00 $20,000.00$5,000.00 $25,000.00 $100.00 $28,000.00$600.00 $294,000.00
City of Norco
Issued on 01/25/2023Bid Due on February 28, 2023 12:00 PM (PST) Exported on 03/02/2023
Bid
Item Description Unit Qty
Results for Project Norco MDP Line N‐4 Storm Drain Project (4214.26) 29 Remove & Replace Curb & Gutter (Type C) per city of
Norco STD. Dwg. No. 200 at
______________________________________________________________ Per Linear Foot L.F. 250
30 Replace in kind existing concrete slurry backfill at _____________________________________
Per Lump Sum L.S. 1
31 Construct concrete encasement per SPPWC Std. 225‐3
_____________________________________________________________ Per Lump Sum L.S. 1
32 Remove & Reconstruct Existing Water Service Lateral
at
_________________________
_____________________________________
Per Each E.A. 4
33 Remove & Replace existing fence and mail box at
______________________________________________________________ Per Lump Sum L.S. 1
34 Construct catch basin No.1 W=21' with backside
opening. local depression (CB H) at
______________________________________________________________ Per Each EA 1
35 Construct 4” AC over native
at______________________________________________________________ Per Square Foot S.F. 100
36 Traffic Control (including Engineered Traffic Control Plan) at ______________________________________________________________ Per Lump Sum L.S. 1
37 Water Pollution Compliance
at______________________________________________________________ Per Lump Sum L.S. 1
38 Utility Potholing and Locating at
______________________________________________________________ Per Lump Sum L.S. 1
Mike
Unit Price Line Total
Bubalo Construction Co., Inc.
$30.00 $7,500.00
$15,000.00 $15,000.00$10,000.00 $10,000.00
$5,000.00 $20,000.00
$20,000.00 $20,000.00$30,000.00 $30,000.00
$200.00 $20,000.00
$50,000.00 $50,000.00$15,000.00 $15,000.00$35,000.00 $35,000.00 $3,199,250.00$3,199,250.00
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CITY OF NORCO
NORCO MDP LINE N-4 STORM DRAIN PROJECT
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 5
th day of April, 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 AID Builders, Inc., a corporation with its principal place of business at 10605 Bloomfield St., Los Angeles, CA 90720 (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 MDP Line N-4 Storm Drain Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing storm drain 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 Norco MDP Line N-4 Storm Drain Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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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 Ed H Albadry – President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Project under this Agreement.
3.2.6 Coordination of Project. Contractor agrees to work closely with City staff in the construction of the Project and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall construct the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to construct the Project. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to construct the Project. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business
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License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1000.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
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
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use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability
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insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents.
The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies – If any coverage required is written on a claimsmade coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
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(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance
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protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.
The surety must be a California admitted surety with a current A.M. Best’s rating no less than
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A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other
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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:
AID Builders, Inc.
10605 Bloomfield St.
Los Alamitos, CA 90720
Attention: Ed H Albadry - President
City:
City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
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3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
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referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.
For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Contractor: AID Builders, Inc.
*By:
____________________________________
Signature
Ed H Albadry, President
OWNER: CITY OF NORCO, a municipal corporation
*By:
____________________________________
Robin Grundmeyer, Mayor
ATTEST:
____________________________________
Diane Germain, CMC, City Clerk
APPROVED AS TO FORM:
____________________________________
Harper & Burns, LLC, City Attorney
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Acknowledgment for Notary
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EXHIBIT A
Scope of NORCO MDP LINE N-4 STORM DRAIN PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
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EXHIBIT B
Proposal Document
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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:
NORCO MDP LINE N-4 STORM DRAIN 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 Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators,
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successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2023.
PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
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By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.
The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________
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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 )
) 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.
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:
NORCO MDP LINE N-4 STORM DRAIN 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 Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ _
a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will
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and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2023.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
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SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.
The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________
_______________________________
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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 )
) ss.
COUNTY OF )
On ______________________, before me, __________________________________, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature (SEAL)
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
CA-23
GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ Policy Number _____________________
2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________
3. Named Insured _______________________________________________
4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________
7. Coverage is equivalent to:
Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________
8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
9. Description of Project:
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NORCO MDP LINE N-4 STORM DRAIN 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 Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, pavement replacement, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
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(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company _____________________________________________ Policy Number _____________________
2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________
3. Named Insured________________________________________________
4. Address of Named Insured________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this
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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
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C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________
City Council
STAFF REPORT
Date: April 5, 2023 Agenda Item:
2.K.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the Norco MDP Line N-4 Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the Norco MDP Line N-4 Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco has prepared plans and specifications for the construction of the Norco MDP Line N-4 Storm Drain Project located on Fourth Street between Sierra Avenue and Valley View Avenue. The project also extend northerly and southerly on Valley View Avenue. (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facility.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design and contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with property acquisition, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-to-exceed contribution amount of $2,319,476.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management.
FISCAL IMPACT:
The Norco MDP Line N-4 Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2021-2025. Funds in the amount of $818,000 ($8,000 for design costs and $810,000 for construction were carried over to FY 2023-2027).
Due to unforeseen potential costs related to increased material and labor costs the notto-exceed Cooperative Funding Agreement amount has been increased to $2,319,476 which exceeds the CIP budgeted amount. The 2023-2027 CIP budget will be amended in a separate award of contract staff report for the April 5, 2023 council meeting to adjust the budget to correspond with the Cooperative Funding Agreement not-to-exceed amount (project number 4214.26; 129.935.43180 & 129.935.43180.30).
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco MDP Line N-4 Storm Drain 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):
Project Exhibit
Funding Agreement
NORCO MDP LINE N-4 STORM DRAIN NORTH NORCO CHANNEL
STREET SIERRA AVENUE VALLEY VIEW AVENUE
ARROYO LANE INTERSTATE 15
ELM DRIVE
FOURTH
244863
- 1 -
FUNDING AGREEMENT
Norco MDP Line N-4 Extension
Project No. 2-0-10027
This Funding Agreement ("Agreement"), dated as of __________________, 2023, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for, and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco MDP Line N-4 Extension to provide drainage improvements for the immediate adjacent areas within the CITY; and
B. These IMPROVEMENT PLANS generally consist of the following:
1. STORM DRAIN: a storm drain to reduce street and community flooding along 4th Street and Valley View Avenue. The proposed underground storm drain consists of about 2,900 lineal feet of 24- inch to 36-inch diameter pipe collecting water along Valley View Avenue and 4th Street to convey it west down 4th Street and discharge it to the existing North Norco Channel; and
2. Approximately 512 linear feet of underground storm drain system south of Fourth Street and approximately 406 lineal feet of underground storm drain system north for Fourth Street on Valley View Avenue ("LATERAL"), as shown in blue on Exhibit "A" attached hereto and made a part hereof. STORM DRAIN and LATERAL are called "LINE N-4 EXTENSION"; and
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3. Certain inlets, catch basin and connector pipes associated with LINE N-4 EXTENSION which will be constructed to adequately collect and convey local flows within CITY-held easements or rights of way ("APPURTENANCES"); and
C. Together, LINE N-4 EXTENSION and APPURTENANCES are
hereinafter called "PROJECT"; and
D. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2022/2023; and
E. CITY desires that DISTRICT include certain unavoidable utility relocations as part of the DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority. These certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and F. Certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and
G. CITY desires that DISTRICT contribute funding towards the construction of PROJECT; and
H. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITALS K; and I. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with engineering design; hydrology and
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hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") determination; preparation, application, and acquisition of the environmental clearance and permits if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN
CONTRIBUTION"). However, DESIGN CONTRIBUTION shall
not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare the IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
3. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("BID PRICE"); and
4. Up to an additional fifteen percent (15%) of BID PRICE to offset CITY's administrative cost associated with construction contract administration and other typical ancillary costs related to the delivery of the facility ("CONTRACT ADMINISTRATION
CONTRIBUTION"); and