18 REQUEST FOR PROPOSALS
BID SCHEDULE
CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE (CONTINUED) Item
No. Line Item Unit Quantity
Unit
Price Total Cost
10 Radio communication
Cartridge: IQNCCRS EA 48 $ $
11 IQ communication Cartridge
Module: IQPSCMLXM EA 10 $ $
12 Communication radio:
RBSSTN9B EA 45 $ $
13 Antenna 96”: GSP-ODA-96 EA 7 $ $
14 Antenna 48”: GSP-ODA-48 EA 9 $ $
15 Antenna 3”: GSPTRA9023NP EA 28 $ $
16 Antenna Clamp double for
96”: GSP-FM2 EA 7 $ $
17 Antenna Clamp for 23” &
48” antenna 1X: GSPMMK9EA 9 $ $
18 10’ Antenna PoleGalvanized EA 10 $ $
19 20’ Antenna PoleGalvanized EA 2 $ $
20 Antenna Cable 15’:
GSP15FT-LMR400 EA 11 $ $
21 Antenna Cable 25’:
GSP25FT-LMR400 EA 1 $ $
22 Antenna Cable 40’:
GSP40FT-LMR400 EA 1 $ $
23 Antenna Cable 50’:
GSP50FT-LMR400 EA 1 $ $
24 ETHERNET Cable: 150 ft. LF 150 $ $
25 Controller Enclosure
Strongbox repair kit: PT16SSLOCKEA 10 $ $
26 ITS PED Adapter:
RBPEDADP-BOX LS 1 $ $
Subtotal $
TOTAL AMOUNT $
575.00
226.00
1,945.00
535.00
420.00
145.00
45.00 38.00
100.00
200.00
110.00
138.00
175.00
205.00
2.00 8.00
475.00 475.00
80.00 300.00
205.00
175.00
138.00
1,210.00
400.00
1,000.00
342.00
315.00
4,060.00
3,780.00
3,745.00
87,525.00
2,260.00
27,600.00
299,720.00
299,720.00
19 REQUEST FOR PROPOSALS
BID SCHEDULE
CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE (CONTINUED) TOTAL BASE BID AMOUNT IN WORDS:
________________________________________________________________________________ _______________________________
Bidders Name:
_______________________________
Telephone Number:
______________________________
Email Address:
Bill & Dave's Landscape Maintenance Inc.
951-943-6455
[email protected]
Two Hundred Ninety Nine Thousand Seven Hundred Twenty Dollars and Zero Cents.
20 CITY OF NORCO
REQUEST FOR PROPOSALS
BID SCHEDULE (CONTINUED)
CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ____ day of _________, ____.
BIDDER __________________________________________________________ __________________________________________________________ __________________________________________________________ Subscribed and sworn to this ____ day of __________, _____.
NOTARY PUBLIC
By _________________________________
Title _________________________________
AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the amount of 10 percent of the total bid.
By _________________________________
Title _________________________________
30 May 2023
Bill & Dave's Landscape Maintenance Inc.
30 May 2023
Secretary
53 CITY OF NORCO
SPECIAL PROVISIONS
FOR
CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE
The section numbers of the following Special Provisions coincide with those of the Latest Edition (including all supplements) of the Standard Specifications for Public Works Construction (“Green Book”). Only those sections requiring amendment or elaboration, or specifying options, are called out.
SECTION 1 - AWARD AND EXECUTION OF THE CONTRACT
1-1 EXECUTION OF CONTRACT
Within 10 working days after the date of the Notice of Award, the Contractor shall execute and return the following Contract Documents to the AGENCY:
Contract Agreement
Contract Performance Bond
Original Bidder’s Bond
Payment Bond
General Liability Endorsement
Automobile Liability Endorsement
Worker’s Compensation/Employer’s Liability Endorsement
The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials.
A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so.
1-2 GENERAL
The Contractor shall have in good standing a California C-27 License to perform work on this project.
C-27 Contractor's license. The bidder shall adhere to all California Building Code requirements and all electrical work shall be completed by a licensed contractor in possession of a C-10 license. The successful Contractor and his/her subcontractors will be required to possess business licenses from the City of Norco.
1-3 CITY RESPONSIBILITIES
The City will provide the contractor with appropriate staff assistance to carry out the contractor’s efforts.
The manager of the Citywide SMART Controller Irrigation Upgrade Project will be the Parks Superintendent. The specifications provide a list of equipment for each site and project location map.
54 Administrative Elements
The Contractor shall assign a responsible representative and an alternate to coordinate with City staff.
Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel as a violation of contract.
The Contractor shall provide all necessary personnel, instruments, equipment, and materials to perform the described project.
Proposal Evaluation Criteria
The City will rate the Proposals by evaluating them against seven listed criteria and assigning a point value to each up to the maximum points shown to the right of each criterion. The City will select the awarded proposal on the proposal with the highest score.
Evaluation Criteria Maximum Score
Quality and Completeness of Proposal 15
Proof of Rain Bird IQ4 Certification or
Approved Equal
10 Experience and Capability of Contractor 25
Staff or Subcontractor Qualifications 10
Completed IQ4 Installation Projects or
Approved Equal
15 Proposed Project Schedule 10
Proposal Cost Bid Sheet 15
The City of Norco reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process.
1. The Facilities and Maintenance Department will review proposals. References will be checked and interviews may be necessary to make a final determination.
2. After selection of the contractor, the City will negotiate final contract terms and price.
3. Upon agreement of the final contract terms with the contractor, the contract will be scheduled for City Council review and approval.
1-4 SUPERVISION AND CONDUCT
The Contractor or his/her staff shall have experience and expertise in the installation of irrigation controllers and electrical connections. This contract requires the installation of the Rain Bird IQ4 platform or an approved equal. The Contractor shall be capable of communicating effectively and in a timely manner.
The Contractor and his/her employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. The Director or her designee may require the Contractor to remove from the worksite any employee(s) deemed to be careless, incompetent, or otherwise considered to be contrary to the best interest of the City of Norco.
55 1-5 TIMING REQUIREMENTS
The Contractor will be required to complete the irrigation controller project within 60 days of the notice to proceed. The contractor shall provide a phased schedule in which they will conduct the work required in this RFP. At no time shall the contractor leave a site non-operational. Each controller shall be changed out with the intention of the new controller being operational on the same day. No Park/LMD/or Facility’s irrigation shall be without water for more than 24 hours.
At no time shall a vendor, for more than five (5) consecutive working days, fail to perform their contractual duties. Failure to perform for more than five (5) consecutive days will constitute a breach of contract and the contract will be terminated in thirty (30) days with an issuance of Notice to Terminate.
Working hours commence at 7:00 a.m. and cease at 5:00 p.m., Monday through Friday unless otherwise directed by City staff. Saturday and Sunday may be granted by the Director or her designee upon request.
1-6 EMERGENCY NUMBERS & CALL OUT
The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and outside of established working hours. Call of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
The Contractor shall supply the City with any names and phone numbers of responsible persons representing the Contractor for 24-hour emergency response. The, aforementioned shall remain current at all times. Any charges shall be forwarded to the City in writing with one working day of such change.
1-7 PROTECTION OF EXISTING FACILITIES OR STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above the surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's negligence shall be corrected or paid for by the Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any hazardous conditions and underground systems, i.e., utility lines.
The Contractor shall instill reasonable precautions when working in these areas. Any damage or problems shall be corrected or repaired at the Contractor's expense and reported immediately to the City.
1-8 PAYMENT
The successful contractor will be required to furnish, for the City Attorney's approval, both a Labor and Material Payment Bond in the amount of 100% of the contract price and a Contract Performance Bond equal to 100% of the Contract Price as surety for the faithful performance of this contract within ten (10) days of a Notice of Award of contract. Said bonds must remain in effect for the duration of the contract.
The surety company shall be required to notify the City in writing no less than thirty (30) days prior to
56 cancellation of the performance bond. Premium for the bond described above shall be paid by the contractor. The surety of the bond shall be a duly authorized corporate surety, authorized to do bond business in the State of California.
Contractor shall submit to City a monthly itemized statement which indicates work completed by the Contractor. The statement shall describe the amount of Services provided for the billing period. The City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
A Performance Deficiency Notification or Punch List may be provided by the City as needed. Contractor will have 30 days to rectify the Punch List or Performance Deficiency Notification for the release of payment.
Payment Withheld:
1. Work required in the specifications which is defective, incomplete, or not performed.
2. Claims filed or reasonable evidence indicating probable filing of claims for damages caused by the contractor to private or public property.
3. Failure of the Contractor to make payments properly to employees, subcontractors, or vendors for materials or services provided.
4. Expenses incurred by the City to perform work required in the specifications that is defective, incomplete, or not performed.
5. Costs incurred by the City due to extra administration costs for additional inspections and subsequent correspondence/notifications.
6. Failure for the Contractor to register controllers and materials in the City of Norco’s name for water rebates.
1-9 TERMINATION OF CONTRACT
Upon determination of the Facilities and Maintenance Director or her designee that the quality of workmanship being performed by the contractor does not meet the standards set by the City of Norco as outlined in the specifications and/or for non-compliance of any revisions of the agreement entered into, the City may terminate this agreement upon thirty (30) days written notice to the Contractor. 1-10 SUBCONTRACTING
The Bidder may utilize the services of specialty Subcontractors on those parts of the Work that, under normal contracting practices, are performed by specialty Subcontractor. It is understood that at least 50% of the work to be performed shall be performed by the successful Contractor. Any subcontractor used must adhere to the same terms and conditions as the successful Contractor. The Proposer is representing to City that Proposer has all appropriate licenses, certifications, to include and City of Norco Business License and registrations to perform the work hereunder.
The Bidder shall be fully responsible to the City for the performance of his/her Subcontractors, and of persons either directly or indirectly employed by them.
57 Nothing contained herein shall create any contractual relation between any Subcontractor and the City.
SECTION 2 – SCHEDULE OF WORK
2-1 COMMENCEMENT OF WORK
The Citywide SMART Irrigation Controller Project shall be completed in sixty (60) working days after the release of the Notice to Proceed. Liquidated damages shall be assessed at $500.00 per working day.
Contractor shall provide a schedule of work in which they will outline the installation process of the project. The Contractor shall provide the Parks Superintendent a map of location and starting and ending dates for each location. Changes need to be made in advance for inspection purposes. The contractor shall not leave a site operational during the changeout of controllers. No Park/LMD/or Facility’s irrigation shall be without water for more than 24 hours.
SECTION 3 – RESPONSIBILITIES OF THE CONTRACTOR
3-1 GENERAL
The Contractor, and all subcontractors, suppliers, and vendors, shall comply with applicable Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Certified payroll records shall be submitted to the Agency by the Contractor by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
3-2 LAWS
The Contractor, and all subcontractors, suppliers, and vendors, shall comply with applicable Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Certified payroll records shall be submitted to the Agency by the Contractor by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
3-3 INSURANCE
3-3.1 WORKER’S COMPENSATION INSURANCE
All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the AGENCY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective.
58 The following statement shall be included on the insurance certificate:
“Additional Insured: The insurer agrees that the City of Norco and its City Council and/or all City Council appointed groups, committees, boards, and any other City Council appointed body, and/or elective and appointive officers, servants, or employees of the City when acting as such are additional insured hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City.”
The Contractor agrees to protect, defend, and indemnify the City of Norco against loss, damage, or expense by reason of any suit, claims, demands, judgments, and causes of action caused by the Contractor, his employees, agents, or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at his option, may include such coverage under his Public Liability coverage.
The City of Norco, its City Council, or City Staff and or Consultants shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance, and shall indemnify and save harmless the City of Norco, its City Council, and the Engineer from all suits or actions of every name and description, brought for, or on account of, any injuries or damages received or sustained by any person or persons, or by the Contractor, his servants or agents, in the construction of the work by or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid.
If, in the opinion of the Public Facilities Superintendent, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Public Facilities Superintendent may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 3-3.2 CONTRACTOR’S LIABILITY AND INSURANCE
The City of Norco, its City Council, or City Staff or Consultants shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance, and shall indemnify and save harmless the City of Norco, its City Council, and City Staff or Consultants from all suits or actions of every name and description, brought for, or on account of, any injuries or damages received
59 or sustained by any person or persons, or by the Contractor, his servants or agents, in the construction of the work by or in consequence of any negligence in guarding the same, in improper materials used in its construction, by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid.
If, in the opinion of the Facilities and Maintenance Director, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work to be done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety. 3-3.3 INDEMNIFICATION
The contractor will protect, defend and indemnify the City of Norco, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, fines, demands and costs, including legal fees, of whatsoever kind and nature resulting from injury or death to any persons, including the Contractor’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of City of Norco in connection with or in any way incident to or arising out of the occupancy, use, service, operations, performance or non-performance of work in connection with this contract resulting in whole or in part from negligent acts or omissions of contractor, any subcontractor, or any employee, agent or representative of the contractor or any sub-contractor. 3-3.4 INSURANCE REQUIREMENTS
The Contractor will maintain at its own expense during the term of this Contract, the following insurance:
1. Workers' Compensation Insurance with California statutory limits and Employers Liability Insurance with a minimum limit of $1,000,000 each accident for any employee.
2. Commercial General Liability Insurance with a combined single limit of $1,000,000 each occurrence for bodily injury and property damage. The City of Norco shall be added as "additional insured" on general liability policy with respect to the services provided under this contract.
3. Automobile Liability Insurance covering all owned, hired and non-owned vehicles with Personal Protection Insurance and Property Protection Insurance to comply with the provisions of the California No Fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each accident for bodily injury and property damage.
4. Insurance companies, named insureds and policy forms may be subject to the approval of the City of Norco Risk Manager PERMA, if requested by the City of Norco.
5. Administrator. Such approval shall not be unreasonably withheld. Insurance policies shall not contain endorsements or policy conditions which reduce coverage provided to the City of Norco.
6. Contractor shall be responsible to City of Norco or insurance companies insuring City of Norco for all costs resulting from both financially unsound insurance companies selected by Contractor and their inadequate insurance coverage.
7. Contractor shall furnish the City of Norco satisfactory certificates of insurance or a certified copy of the policy, if requested by the City of Norco Risk Manager. No payments will be made to the Contractor until the current certificates of insurance have been received and approved by the City of Norco. If the insurance as evidenced by the certificates furnished by the Contractor
60 expires or is canceled during the term of the contract, services and related payments will be suspended.
8. Contractor shall furnish the City of Norco Facilities and Maintenance Office with certification of insurance evidencing such coverage and endorsements at least ten (10) working days prior to commencement of services under this contract. Certificates shall be addressed to the City of Norco, Department of Facilities and Maintenance, 2870 Clark Avenue, Norco, California 92860, and shall provide for 30 day written notice to the Certificate holder of cancellation of coverage. 3-3.7 SAFETY
The Contractor shall be responsible for providing a safe work place and for compliance with standards and regulations of the California Occupational Safety and Health Act (CaI OSHA), Federal Occupation and Safety Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable government laws of City Risk Management standards.
The Contractor may close off areas during work times. Closure signage shall consist at a minimum of City approved specialty signage (specialty signs are required to be supplied by the Contractor) and barricades adequate to affect the closure. The Contractor shall comply with the provisions of any AGENCY ordinances or regulations regarding requirements for the protection of the public and the nature of such protection.
Traffic Control
A City-approved traffic control plan shall be completed by the Contractor for all work performed in medians or on roadways. No work shall be performed without traffic control devices in place. The City standard is the State of California Department of Transportation (CalTrans) Traffic Manual, commonly referred to as the WATCH Manual. The Contractor will make every effort to keep commercial and noncommercial driveways open.
SECTION 4 - REPORTING OF CONTRACTOR
4-1 REPORTING
The Contractor is to report to the Facilities and Maintenance Director and/or designee and will cooperate and confer with him/her as necessary to insure satisfactory work progress.
All reports, estimates, memoranda and documents submitted by the Contractor must be dated and bear the Contractor's name. All reports made in connection with these services are subject to review and final approval by the Director of Facilities and Maintenance or her designee. The City of Norco may review and inspect the Contractor's activities during the term of this contract. When applicable, the Contractor will submit a final, written report to the Director of Facilities and Maintenance. After reasonable notice to the Contractor, the City of Norco may review any of the Contractor’s internal records, reports, or insurance policies.
4-2 PERSONNEL
The contractor will provide the required services and will not subcontract or assign the services without the City of Norco written approval. The Contractor will not hire any City of Norco employee for any of the required services without the City of Norco written approval. The parties agree that the Contractor is neither an employee nor an agent of the City of Norco for any purpose.
61 The parties agree that all work done under this contract shall be completed in the United States and that none of the work will be partially or fully completed by either an offshore subcontractor or offshore business interest either owned or affiliated with the contractor. For purposes of this contract, the term, “offshore” refers to any area outside the contiguous United States, Alaska or Hawaii. 4-3 COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor will comply with all federal, state and local regulations, including but not limited to all applicable OSHA/MIOSHA requirements and the Americans with Disabilities Act. ARTICLE IX - INTEREST OF CONTRACTOR AND CITY the Contractor promises that it has no interest which would conflict with the performance of services required by this contract. The Contractor also promises that, in the performance of this contract, no officer, agent, employee of the City of Norco, or member of its governing bodies, may participate in any decision relating to this contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply if there has been compliance with the provisions of Section 3 of Act No. 317 of the Public Acts of 1968 and/or Section 30 of Act No. 156 of Public Acts of 1851, as amended by Act No. 51 of the Public Acts of 1978, whichever is applicable.
4-4 CONTINGENT FEES
The Contractor promises that it has not employed or retained any company or person, other than bona fide employees working solely for the Contractor, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach of this promise, the County may cancel this contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage, brokerage fee, gift or contingent fee from the compensation due the Contractor. 4-5 ASSIGNS AND SUCCESSORS
This contract is binding on the City of Norco and the Contractor, their successors and assigns. Neither the City of Norco nor the Contractor will assign or transfer its interest in this contract without the written consent of the other. This contract is to be interpreted by the laws of California. The parties agree that the proper forum for litigation arising out of this contract is in the City of Norco, in Riverside County California.
SECTION 5– BID ITEM DESCRIPTIONS
1. Mobilization – Mobilization refers to the effort it takes to get a job off the ground.
Mobilization includes but not limited to administrative costs, procurement of materials, coordination with City Staff, project schedules, transportation to site, or project site readiness.
2. Traffic Control - A City-approved traffic control plan shall be completed by the Contractor for all work performed in medians or on roadways. No work shall be performed without traffic control devices in place. The City standard is the State of California Department of Transportation (CalTrans) Traffic Manual, commonly referred to as the WATCH Manual.
The Contractor will make every effort to keep commercial and non-commercial driveways open
62 3. Removal of Existing Irrigation Controllers and Components - Includes all labor, controllers, wiring, circuit boards, and all other components in existing system that will not be utilized as part of the new system.
4. Installation of New Irrigation Controller and Components - Includes all labor, procurement of ALL Materials for the project, controllers, wiring, connections, radio hardware, antennas, cartridges, clamps, poles, cables and all other components required to for the operation of the new irrigation controller system.
5. Programming/ Initial Setup/ and Radio Testing of New Irrigation System - Includes the initial setup of the IQ4 or approved equal cloud-based monitoring system.
6. Irrigation Zone Maps - Contractor to provide an irrigation zone map for each controller in the system. The controller shall have one map laminated and installed in controller.
Contractor shall provide digital file to City in PDF.
(ITEMS 7 – 26 IS THE EQUIPMENT REQUIRED TO COMPLETE THE NEW CONTROLLER IRRIGATION SYSTEM. THE TECHNICAL SPECIFICAITONS ARE BELOW)
63
64
65
66
67
68
69
70 5-1 IRRIGAITON OPERATIONS
All landscaped areas shall be irrigated as required to maintain optimum growth and appearance.
Irrigation shall be accomplished in accordance with the following time frames, unless otherwise directed or approved by the City:
a. Parks 11:30 p.m. -- 6:00 a.m.
b. Manual Irrigation 7:00 a.m. -- 3:00 p.m.
c. Slopes 10:00 p.m. -- 5:00 a.m.
All systems shall be adjusted in order to:
1. Prevent excessive runoff and/or erosion
2. Prevent saturated conditions
3. Provide Water conservation methods and state requirements as necessary Controller Programming/Water Management:
All irrigation systems shall be programmed by Contractor to maintain plants in a healthy, vigorous condition. (Contractor will have access to all irrigation programming stored in the cloud, accessible by cell phone, tablet or computer).
All program changes shall be recorded and submitted to the City on the approved form.
Water meter readings for each system are to be submitted with the irrigation test report.
Controller program is to be sufficient to keep the landscape healthy without excessive water use.
Controller programs shall incorporate the following conditions:
1. Meet City Water Management requirements
2. Avoid weekend watering when possible
3. Maximize repeat operations
4. Minimize station run times
5. Reflect actual evapotranspiration (ET) requirements
6. Reflect actual requirements of soil and plants
7. Eliminate runoff onto streets, sidewalks, and other non-target areas
8. Provide sufficient time for soil to dry out between watering
9. Maximize community use of City property
71 Contractor will produce approved controller charts for all landscape maintenance locations. Contractor will furnish one copy to Norco Facilities and Maintenance Department. One copy will be placed in each irrigation controller along with one digital copy in PDF.
SECTION 6 – LOCATIONS, EQUIPMENT LIST, AND MAPS
Controller Location and Addresses
72 Controller Location and Addresses Continued
73 Controller Location and Addresses Continued
74
75
76 Controller Location Map and Elevation – Radio Site Survey Data
END OF REQUEST FOR PROPOSAL
City Wide Smart Controller Irriga�on Upgrade Project #54111.3 4/18/2023
To Whom It May Concern,
1. Bill and Dave’s Landscape Maintenance Inc. will adhere to the specifica�ons and the RFP for the above project.
2. Please see the atached leter from Rain Bird
3. Tyler Leidenfrost (Project Manager)
13 Years in the industry comple�ng the over site of municipal maintenance projects, ground up builds for the private sector, controller retrofits for both private and municipal sites Jose Villasenor (Lead Irriga�on Tech)
20 Years as a commercial irriga�on tech, currently oversees all irriga�on for both our City of Perris Maintenance contracts including maintaining their Central control of both Weather Trak and Cal Sense. Jose also atends classes throughout the year provided by our vendors to stay up to date on the latest industry prac�ces.
Roman Arriaga (Irriga�on Tech)
15 Years as a commercial irriga�on tech, currently oversees all irriga�on for 5 of our large HOA Maintenance contracts including maintaining their Central control including Rain Bird IQ and Hunter Centralus. Roman also atends classes throughout the year provided by our vendors to stay up to date on the latest industry prac�ces.
Alex Leidenfrost (Assistant Project Manager
10 Years in the industry assis�ng in the over site of municipal maintenance projects, ground up builds for the private sector, controller retrofits for both private and municipal sites
4. Southern California Gas Company
Greg Zoll Project Manager
951-264-4839
[email protected]
We have converted over 10 sites and coun�ng for the Southern California Gas Company over to Rainbirds IQ pla�orm
Romoland School District
Jon Parham
951-453-6339
[email protected]
Back in 2012 we converted the en�re district to Rainbird u�lizing their IQ3 system right before IQ4 came out. We were u�lizing flow management to keep the water waste down. Once IQ4 came out we switched over and were u�lizing this system up un�l June 2022. At that point the district made a change over to Weather Trak and we were the installers of that project as well.
5. Upon the no�ce to proceed we will order the product. Our plan would be to install 6 controllers per week to adhere to the �meline of the RFP. In doing so we would have all hardware installed and programming completed within 8 weeks. A�er that we would start making the maps and installing the laminated copies in the controller pedestals.
6. The fee schedule in the RFP is the fee schedule to be used when invoicing the city and will not change without a writen change order approved by the City.
7. Bill & Dave’s Landscaping will adhere to all federal laws and regula�ons notwithstanding any state or local laws and regula�ons. In case of conflict between federal, state, or local laws or regula�ons, the strictest shall be adhered to.
8. Bill & Dave’s Landscaping will allow all authorized federal, state, county, and the City of Norco official’s access to place of work, books, documents, papers, fiscal, payroll materials, and other relevant contract records per�nent to this project upon request. All relevant records shall be retained for at least three years.
9. Bill & Dave’s Landscaping will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or na�onal origin.
10. Bill & Dave’s Landscaping will comply with the California Labor Code. Pursuant to said regula�ons en�tled: Federal Labor Standards provisions.
11. Bill and Dave’s Landscaping will comply with the Copeland An�-kickback Act (18 USC 874 C) and the implementa�on regula�on (29 CFR 3) issued pursuant thereto, and any amendments thereof.
1 CONTRACT AGREEMENT
CITY OF NORCO
CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE PROJECT
1. Parties and Date.
This Agreement is made and entered into this 21st day of June, 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 Bill & Dave’s Landscape Maintenance Inc., a corporation with its principal place of business at 32750 Keller Rd. Winchester, CA 92596 (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 CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in landscape maintenance controller installations of public facilities for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Project 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 CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Project and Term.
3.1.1 General Scope of Project. 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 CITYWIDE SMART CONTROLLER IRRIGATION UPGRADE. The Project is more particularly described in Section 1-6 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 for sixty (60) working days after the release of the Notice to Proceed. Liquidated damages shall be assessed at $500.00 per working day.
3.2 Responsibilities of Contractor.
2 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 Project. 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 Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates David Leidenfrost, 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,
3 qualifications and approvals of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged, and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance. 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:
4 $2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations. $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance 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 $2,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) CONTRACTORS POLLUTION LIABILITY (Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$2,000,000 per occurrence or claim
$4,000,000 general or policy aggregate
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involve any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
5 Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and products/completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary, and no contribution shall be required of City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
I. The retroactive date must be shown and must be before the effective date of the Contract or the commencement of work by Contractor.
II. Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
6 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 affecting 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 project 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
7 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, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet
8 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 the Special Provisions attached hereto and incorporated herein by reference.
Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of work conducted and procurement of materials 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 Project 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 Project 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,
9 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:
Bill & Dave’s Landscape Maintenance, Inc.
Attn: David Leidenfrost
32750 Keller Rd.
Winchester, CA 92596
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of 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.
10 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
11 construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfPage 430 of 1376 12 insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Project.
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.
13 Contractor: Bill & Dave’s Landscaping Maintenance, Inc. *By:
_____________________________
Signature
David Leidenfrost, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.
Attach Certificate of Notary Acknowledgment
OWNER: CITY OF NORCO, a municipal corporation
*By:
______________________________
Robin Grundmeyer, Mayor
ATTEST:
_______________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________
Harper & Burns, LLP, City Attorney
14 EXHIBIT A
PROPOSAL DOCUMENT
34 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:
CITYWIDE SMART IRRIGATION CONTROLLER PROJECT
The general items of work to be done hereunder consist of:
The Citywide SMART Irrigation Controller Project shall be completed in 60 working days. The project shall be completed by a qualified firms/contractor with experience and qualifications to provide all labor, equipment, programming, and testing for the installation of irrigation controllers the City’s Parks and Public Facilities. The Citywide SMART Controller Irrigation Upgrade Project is subject to prevailing wage rates and laws. The Citywide SMART Controller Irrigation Upgrade Project consist of the procurement and installation of (48) forty-eight irrigation controllers and radio components and accessories associated with the operational use of the devices.
Furnishing all materials, equipment, tools, labor, and incidentals required for the Citywide SMART Irrigation Controller Project as designated in the specifications of the project and to perform all work in the manner and time prescribed therein to the satisfaction and acceptance of the City of Norco Director of Facilities and Maintenance, or her designee.
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save
35 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 project 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
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.
36 Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
(Telephone Number of Surety and
Agent or Representative for
service of process in California) ________________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this ____ day of ___________, in the year _____, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
Commission expires: ______________________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
37 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:
CITYWIDE SMART IRRIGATION CONTROLLER PROJECT
The Citywide SMART Irrigation Controller Project shall be completed in 60 working days. The project shall be completed by a qualified firms/contractor with experience and qualifications to provide all labor, equipment, programming, and testing for the installation of irrigation controllers the City’s Parks and Public Facilities. The Citywide SMART Controller Irrigation Upgrade Project is subject to prevailing wage rates and laws. The Citywide SMART Controller Irrigation Upgrade Project consist of the procurement and installation of (48) forty-eight irrigation controllers and radio components and accessories associated with the operational use of the devices.
Furnishing all materials, equipment, tools, labor, and incidentals required for the Citywide SMART Irrigation Controller Project as designated in the specifications of the project and to perform all work in the manner and time prescribed therein to the satisfaction and acceptance of the City of Norco Director of Facilities and Maintenance, or her designee.
(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,
38 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 seal this _____day of_______________, 2023.
PRINCIPAL/CONTRACTOR:
____________________________________
By: __________________________________
SURETY: _____________________________________
By: ________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.
The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).
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.
39 Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California) _______________________________
_______________________________
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this ________ day of _________________, in the year _______, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.
_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires: ________________________
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
40 GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5632
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)
______________________________________________
8. Commercial General Liability “Occurrence” Form CG0001 ______________________________________________
9. 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.
Description of Project:
41 CITYWIDE SMART IRRIGATION CONTROLLER PROJECT
The Citywide SMART Irrigation Controller Project shall be completed in 60 working days. The project shall be completed by a qualified firms/contractor with experience and qualifications to provide all labor, equipment, programming, and testing for the installation of irrigation controllers the City’s Parks and Public Facilities. The Citywide SMART Controller Irrigation Upgrade Project is subject to prevailing wage rates and laws. The Citywide SMART Controller Irrigation Upgrade Project consist of the procurement and installation of (48) forty-eight irrigation controllers and radio components and accessories associated with the operational use of the devices.
Furnishing all materials, equipment, tools, labor, and incidentals required for the Citywide SMART Irrigation Controller Project as designated in the specifications of the project and to perform all work in the manner and time prescribed therein to the satisfaction and acceptance of the City of Norco Director of Facilities and Maintenance, or her designee.
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:
a) 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
b) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
42 c) 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, and 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.
A. 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 bind the below-listed insurance (Print/Type Name)
company and by my signature hereon do so bind this company. ___________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
43 (Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
44 AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5632
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company __________________________________________ Policy Number _____________________
2. Policy Term (From) ________________ (To) _______________ Endorsement Effective Date ___________
3. Named insured_______________________________________________
4. Address of Named Insured_____________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$____________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified): $_______________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
45 (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, and employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company. ____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco)
46 ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
47 WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5632
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company __________________________________________ (“the Company”)
Policy Number _______________________________________________
2. Effective Date of this Endorsement ______________________________
3. Named inured_______________________________________________
4. Employer’s Liability Limit (Coverage B) ___________________________ _______________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _______________________, warrant that I have authority to bind the below-listed (Print/Type Name)
insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
48 (Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ______________________________________________________________ ADDRESS: __________________________________________________________ TELEPHONE: ________________________________________________________
City Council
STAFF REPORT
Date: June 21, 2023 Agenda Item:
2.J.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: City Council
SUBJECT:
Approve of a Professional Consultant Services with Keyser Marston Associates (KMA) to provide affordable housing developer selection services for the veterans housing project on 4095 Sierra Avenue.
RECOMMENDATION:
Approve a Professional Consultant Services Contract wit KMA to provide affordable housing developer selection services for the veterans housing project in an amount notto-exceed $59,400 SUMMARY:
The City Council authorized staff to prepare a formal Request for Proposals (RFP) for a qualified affordable housing developer for the veterans housing project on 4095 Sierra Avenue. Given the complexity and uniqueness of this task (affordability compliance, reference checking, review of financial qualifications of interested parties/proposals, contract negotiations etc.), staff is recommending the assistance of a qualified consultant (KMA) to create and manage the selection process.
BACKGROUND:
The assistance of a qualified consultant to create and manage the selection process for a affordable developer of the veterans housing project at 4095 Sierra Avenue, is necessary given the level of complexity and uniqueness for this project.
KMA will be tasked with the following:
1.Gathering information pertaining to the City’s goals for the development of Cityowned site (Site) that is comprised of approximately five acres;
2.Assisting with matters related to implementing the requirements associated with the Surplus Land Act (SLA) as codified in Government Code Section 53000 et seq;
3.Preparing Request for Qualifications/Conceptual Proposal (RFQ/CP) documents;
4.Evaluating the proposals submitted in response to the RFQ/CP;
5.Creating a more detailed Request for Proposals (RFP) to be distributed to finalist proposers;
6.Participating in interviews of finalist proposers;
7.Participating in the negotiations with the selected developer; and
8.Providing technical assistance in structuring the financial terms to be included in the transaction documentation.
More detailed information is included in the attached proposal. A Professional Services Agreement has also been prepared and is attached (see Contract). As noted, staff is recommending that the City Council approve a Professional Consultant Services Contract with KMA in the amount not-to exceed $59,400.
FISCAL IMPACT:
The cost for the Consultant services is $59,400. There is $65,000 in contractual services available in the FY 2022-23 Housing Operating Budget. Housing Funds may be spent on administrative and compliance monitoring expenses, which are capped at the greater of $200,000 annually or 5% of the value of land and loans receivable.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety & Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members; Action Plan No. 5 - Implement the actions identified in the General Plan 2021-2029 Housing Element: Sub-action 5.1: Identify opportunities to create veterans housing.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Proposal
Contract
777 SOUTH FIGUEROA STREET, SUITE 2555 LOS ANGELES, CALIFORNIA 90017 PHONE 213.622.8095 2304010.KMA:KHH
WWW.KEYSERMARSTON.COM 99900.900.002
ADVISORS IN:
Real Estate
Affordable Housing
Economic Development
BERKELEY
A. Jerry Keyser
Timothy C. Kelly
Debbie M. Kern
David Doezema
LOS ANGELES
Kathleen H. Head
James A. Rabe
Gregory D. Soo-Hoo
Kevin E. Engstrom
Julie L. Romey
Tim R. Bretz
SAN DIEGO
Paul C. Marra
Linnie A. Gavino
April 25, 2023
Alma Robles
Director of Planning
City of Norco
2870 Clark Avenue
Norco, California 92680
Dear Ms. Robles:
Keyser Marston Associates, Inc. (KMA) is pleased to submit the following proposal to provide consulting services to the City of Norco (City). Specifically, KMA is proposing to offer the following array of affordable housing developer selection services to the City:
1. Gathering information pertaining to the City’s goals for the development of Cityowned site (Site) that is comprised of approximately five acres.
2. Assisting with matters related to implementing the requirements associated with the Surplus Land Act (SLA) as codified in Government Code Section 53000 et seq.
3. Preparing Request for Qualifications/Conceptual Proposal (RFQ/CP) documents.
4. Evaluating the proposals submitted in response to the RFQ/CP.
5. Creating a more detailed Request for Proposals (RFP) to be distributed to finalist proposers.
6. Participating in interviews of finalist proposers.
7. Participating in the negotiations with the selected developer.
8. Providing technical assistance in structuring the financial terms to be included in the transaction documentation.
Alma Robles, Director of Planning April 25, 2023
City of Norco Page 2
2304010:KHH.KMA
99900.900.002
PROPOSED SCOPE OF SERVICES
Task 1: Kickoff Meting and Background Review
KMA views Task 1 as a period of information gathering. KMA proposes to cover the following topics at the “Kickoff Meeting”:
1. Discuss issues pertaining to the SLA requirements.
2. Discuss KMA’s recommendation that an RFQ/CP be issued as the first step in the process.
3. It is our understanding that the City wishes to target the development to the veteran community. Within that context, the following goals will be discussed:
a. Pros and cons associated with ownership housing versus rental housing development;
b. The affordable housing requirements the City wishes to impose. c. The density and development type that is desired; and d. The manner in which the Site will be conveyed – i.e. fee sale, ground lease and or land trust.
4. Discuss the funding sources the City has available to assist in filling the project’s financial gap.
5. Identify any additional issues and/or restrictions that the City wishes to include in the RFQ/CP.
Task 2: SLA Activities
KMA proposes to assist the City with the following SLA activities:
1. Ongoing communications with the California Department of Housing and Community Development (HCD).
2. Identifying the pros and cons associated with choosing an exempt or nonexempt Site disposition structure.
Alma Robles, Director of Planning April 25, 2023
City of Norco Page 3
2304010:KHH.KMA
99900.900.002
3. Assist in preparing the staff report recommending to the City Council that the Site be declared exempt or non-exempt surplus land.
Task 3: RFQ/CP Preparation
Following the SLA activities, KMA will prepare a Notice of Availability (NOA) for the Site that will be structured as an RFQ/CP.1 The specifically proposed scope of services follows:
1. KMA will recommend a solicitation scope, format, submittal requirements and evaluation criteria for City approval.
2. KMA will prepare an initial draft RFQ/CP for City review. KMA recommends, at a minimum, that the following sections and required information be included in the RFQ/CP:
Introduction
City Goals and Objectives
Submittal Requirements
Proposed development entity
Relevant development experience
Key staff member experience
Conceptual development program / scope
Potential outside funding sources
Financial capacity to undertake the proposed project scope Project schedule
Evaluation Process and Schedule
Additional Required Documents
1 KMA assumes that the City will supply any necessary contract and procurement language.
Alma Robles, Director of Planning April 25, 2023
City of Norco Page 4
2304010:KHH.KMA
99900.900.002
3. Upon review of the initial draft RFQ/CP by the City, KMA will prepare a second draft for City approval.
4. After City approval of the second draft, KMA will prepare the final RFQ/P document(s) that incorporate the City’s comments on the two (2) draft documents.
5. KMA will also help the City identify affordable housing developers that may be interested in developing the Site.
Task 4: Evaluation of RFQ/CP Responses
KMA proposes to review and evaluate the responses to the RFQ/CP with an emphasis on the following:
1. Review the submittals and identify deficiencies and areas that require clarification;
2. Prepare a list of follow up questions for each proposer;
3. Prepare a comparison chart of the proposals received; and
4. Review and evaluate the financial capability information submitted by the proposers.
5. Undertake reference checking for each of the proposers.
6. Assist in selecting the finalist proposers to proceed to the RFP phase of the process.
Task 5: RFP Preparation
KMA proposes to undertake the following scope of services related to the preparation of the RFP:2
1. KMA will identify recommended submittal requirements and evaluation criteria for City approval.
2 This document may be named a “Request for Additional Information” depending on HCD guidance.
Alma Robles, Director of Planning April 25, 2023
City of Norco Page 5
2304010:KHH.KMA
99900.900.002
2. KMA will prepare an initial draft RFP for City review. KMA recommends, at a minimum, that the following sections and required information be included in the RFP:
City’s Guiding Principals
Submittal Requirements
Overall approach to the development
Proposed scope of development
Conceptual design
Market feasibility analysis
Financial analysis
Development implementation
Evaluation Process and Schedule
3. Upon review of the initial draft RFP by the City, KMA will prepare a second draft for City approval.
4. After City approval of the second draft, KMA will prepare the final RFP that incorporates the City’s comments on the two (2) draft documents.
Task 6: Evaluation of Finalist Proposals
KMA proposes to provide the following evaluation services related to the finalist proposers:
1. Review the submittals and, as needed, prepare a list of follow up questions to clarify the proposal terms;
2. Prepare a comparison chart of the proposals received;
3. Prepare interview questions;
4. Participate in the interview process; and
Alma Robles, Director of Planning April 25, 2023
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5. Assist in preparing the City Council staff report that recommends the selection of the proposer with whom to enter into a negotiating agreement.
Task 7: Negotiations Support
KMA proposes to provide the following negotiations support services:
1. Assist the City staff and legal counsel in preparing an Exclusive Negotiation Agreement;
2. Attend negotiations meetings; and
3. Summarize, interpret and explain key aspects of the financial characteristics of the proposer’s negotiating positions.
Task 8: Transaction Structuring Assistance
KMA proposes to assist the City in structuring the following components of the transaction documents:
1. Assist legal counsel in preparing the business term portions of the disposition agreement; and
2. Prepare a summary of the financial components of the proposed transaction in support of the City staff recommendations.
PROPOSED BUDGET
KMA proposes to complete the identified scope of services on a time billed basis in accordance with the firm’s standard hourly billing rates. KMA’s budget estimate for the full scope of services presented in this proposal is $59,400.
The following table provides KMA’s budget estimates for each task being proposed. The fee for each individual task may vary from these estimates, but the total budget will not be altered unless the work scope is expanded beyond the parameters identified in this proposal. If at any point in the engagement KMA believes that the budget could be exceeded, we will contact the City immediately for further direction.
Alma Robles, Director of Planning April 25, 2023
City of Norco Page 7
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Task Budget
1 Kickoff Meeting and Background Review $3,500
2 SLA Activities 6,000
3 RFQ/CP Preparation 9,100
4 Evaluation of RFQ/CP Responses 12,200
5 RFP Preparation 3,000
6 Evaluation of Finalist Proposals 8,100
7 Negotiations Support 10,000
8 Transaction Structuring Assistance 7,500
Total Budget $59,400
The KMA billing rate schedule that will be applied to this engagement is presented in the following table:
KMA Billing Rate Schedule
Chairman, President, Managing Principals * $305
Senior Principals * $295
Principals * $275
Managers * $245
Senior Associates $205
Associates $185
Senior Analysts $170
Analysts $145
Technical Staff $105
Administrative Staff $90
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.
Alma Robles, Director of Planning April 25, 2023
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If KMA is selected, the Principal-in-Charge of this engagement will be:
Kathleen Head, President and Managing Principal
777 South Figueroa Street, Suite 2555
Los Angeles, California 90017
Telephone: 213.622.8095 Email: [email protected]
KMA appreciates the opportunity to submit this proposal. Please do not hesitate to contact me if this proposal can be modified to better meet your needs.
Sincerely,
Keyser Marston Associates, Inc.
Kathleen Head
CITY OF NORCO
PROFESSIONAL SERVICES AGREEMENT
AFFORDABLE HOUSING DEVELOPER SELECTION SERVICES
1. Parties and Date.
This Agreement is made and entered into this 21st day of June, 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 Keyser Marston Associates, Inc., located at 777 South Figueroa Street, Ste. 2555, Los Angeles, California 90017 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for professional services on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing services related to affordable housing selection services and that it is familiar with the expectations of the City.
2.2 Project.
The City desires to engage the Consultant to render such professional services to affordable housing selection services ("Project") as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services 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 date first written above upon execution by the Parties and terminate when the Project is considered complete.
Consultant 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 Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant. The Project shall be performed by Consultant. Consultant will determine the means, methods and details of completing the Project subject to the requirements of this Agreement. City retains Consultant on an independent Consultant basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant 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. Consultant 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. Consultant shall perform the services expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions.
In order to facilitate Consultant's conformance with the Project timeframe, City shall respond to Consultant's Requests for Information in a timely manner. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the Director of Planning Services, or its 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. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.5 Consultant's Representative. Consultant hereby designates Kathleen Head, or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant'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. Consultant agrees to work closely with City staff in the completion of the Project and shall be available to City's staff, consultants and other staff at all reasonable times.
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3.2.7 Standard of Care: Performance of Employees. Consultant shall complete 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. Consultant represents and maintains that it is skilled in the professional calling necessary to construct the Project. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to complete the Project. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to complete 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, Consultant 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 Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subConsultants 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 complete the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any work on the Project.
3.2.8 Laws and Regulations. Consultant 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, and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection with the Project.
3.2.8.1 Employment Eligibility: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended.
3.2.8.2 Equal Opportunity Employment. Consultant
represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, 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. Consultant 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.
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3.2.9 Insurance.
3.2.9.1 Time for Compliance. Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Consultant 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:
$1,000,000 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 $2,000,000 general aggregate applying separately to the work performed under the Contract
(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)
(iv) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(v) 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.
(vi) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant's profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
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In the event Consultant 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).
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant 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. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to CIty, its Council members, officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the 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, Consultant 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, Consultant 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 General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant's insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers' Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers. Should Consultant maintaininsurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for
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at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. 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 Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to VVTA for review.
5. These requirements shall survive expiration or termination of the Agreement.
Consultant 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 Manager or his/her designee prior to City's execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant 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 Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, 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 Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers 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 Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, sub-consultants, subconsultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to provide insurance
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protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.
3.3 Fees and Payments.
3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all 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. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. 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. Consultant 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 Consultant 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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. Consultant 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 Ownership of Materials and Confidentiality
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property with the exception of Consultant’s proprietary computer models, embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship
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fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data, with the exception of Consultant’s proprietary computer models, shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of three (3) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further
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compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 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.
3.6.2 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:
Consultant:
Keyser Marston Associates, Inc.
777 South Figueroa Street, Ste 2555
Los Angeles, California 90017
Attention: Kathleen Head
City:
City of Norco
2870 Clark Avenue
Norco, California 92680
Attention: Director of Planning
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.
3.6.3 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.
3.6.4 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.
3.6.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnify, hold harmless and defend City and each of its elected officials, officers, 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
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and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) to the extent that any loss, liability, fines, penalties, forfeitures, costs, damages, claims, demands or actions in law or equity arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees or agents in the performance of this Agreement. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless and defend the 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.
3.6.6 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.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with this Project.
3.6.10Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11Assignment or Transfer. Consultant 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.
3.6.12Construction: 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, 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
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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.
3.6.13Amendment: Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14Waiver. 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.
3.6.15No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16Invalidity: 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.
3.6.17Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants 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.
3.6.18Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, 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. Consultant 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.
3.6.19Labor Certification. By its signature hereunder, Consultant 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
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such provisions before commencing the performance of the Services.
3.6.20Authority to Enter Agreement. Consultant 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.
3.6.21Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant 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 Consultant: Keyser Marston Associates, Inc.
*By:
By:
ATTEST:
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
Harper & Burns, LLC
City Attorney
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____________________________
Kathleen Head, President
Robin Grundmeyer, Mayor
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED Attach Certificate of Notary Acknowledgment
____________________________
____________________________
_____________________________
City Council
STAFF REPORT
Date: June 21, 2023 Agenda Item:
2.K.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Acceptance of Bids and Award of Contract for The Barn IT Infrastructure Project; Appropriation of Additional Funds from the Measure R Fund for Project Costs and a 10% Contingency
RECOMMENDATION:
Accept bids and award the contract to Sunset Electrical Contractors, Inc. for The Barn IT Infrastructure Project in the amount of $210,241, and authorize the City Manager to approve contract change orders up to 10% of the original contract; Appropriate additional Measure R Funds in the amount of $31,265 to fund the cost of the project that includes a 10% contingency.
SUMMARY:
The Barn IT Infrastructure Project will coincide with the current construction schedule for The Barn. The IT Infrastructure project is scheduled to be completed by August 31, 2023 in conjunction with the first event at the facility. The IT project consist of the installation of a sound system, Wi-Fi, ethernet ports, installation of a phone line, and a video wall for clients to utilize as part of the various events that will take place at the facility. The project is primarily based on providing the necessary technology to provide a rentable space for a variety of users.
BACKGROUND:
The Barn will be utilized for larger events like FFA livestock shows, expos, conferences, weddings, banquets, and other types of gatherings. The sound system will provide sound for those special events along with a public address system for the surrounding structure and tie into the existing public address system at Moreno and Clark Arena.
The Wi-Fi system will accommodate for large gatherings and provide enough bandwidth for basic internet usage. The project will also incorporate a large visual screen to be assembled for events that can be utilized by clients as part of the overall rental package
and experience at The Barn. Microphones and body packs along with various equipment for the project are also included in Sunset's proposal.
On May 08, 2023, staff released the Request for Proposals for The Barn IT Infrastructure Project. On June 8, 2023 proposals were received on the City's electronic bidding services website, PlanetBids. One proposal in the amount of $222,300 was received from Sunset Electrical Contractors, Inc. (see Original Proposal). Staff along with the IT Manager, meet with Sunset on June 12, 2023, to discuss the project and provide further clarification on the design/build project along with negotiating various equipment items.
On June 14, 2023, Sunset Electrical Contractors provided a revised bid in the amount of $210,241 (see Revised Proposal).
Sunset Electrical Contractors, Inc. of Upland, California has provided similar services for the City of Norco by completing the Moreno Arena Sound System Project. Sunset has a variety of experience with the installation of audio/visual systems for the Arcadia Unified School District, Orange Unified School District, and South Orange Community College.
Staff has verified that Sunset Electrical Contractors has a valid Class B and C-10 California State Contractors License to perform the work described in the Notice of Inviting Bids for the project.
The Fiscal Year 2022-23 Capital Improvement Budget includes an approved budget amount of $200,000 for The Barn IT Infrastructure Project. The total cost for this project including a 10% contingency is $231,265. If approved, Sunset Electrical Contractors, Inc. will start procuring the necessary equipment and start the installation process. Sunset Electrical Contractors has been provided the timeline for the opening of the Barn and has agreed to have the system operational by August 31, 2023.
FISCAL IMPACT:
The Barn IT Infrastructure Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2022-23. $200,000 in Measure R Funds were appropriated in account 132.940.43130 for the Barn IT Infrastructure Project, Project No.54111.6. Funds in the amount of $200,000 are not sufficient to fund this project. The Measure R Fund has an available fund balance to fund the $31,265 additional appropriation requested. If approved, staff will notify the Measure R Committee of the additional appropriation to satisfy the cost of equipment and labor.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Original Proposal
Contract
Revised Report 6-20-2023
Revised Proposal Costs
Barn IT Infrastructure Project 54111.6
George Ingalls Equestrian Event Center 3737 Crestview Drive, Norco CA 92860 Sunset Electrical Contractors, Inc. dba Sunset Audio Visual Stan Kojder – President/Project Manager
Section 2: Contractors License………………………………………………………………………pg 2 Section 3: Manufacturers/Projects/Instrumentation….…………………………………pg 3 Section 4: Warranty Statement…………………………………………………………………….pg 4 Section 5: Conceptual Design Build/Time Frame.………………………………………….pg 5-6
1 Data current as of 6/5/2023 12:46:45 PM
Home | Online Services | License Details
Contractor's License Detail for License # 886050
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
Business Information
SUNSET ELECTRICAL CONTRACTORS INC
280 N BENSON STE 9
UPLAND, CA 91786
Business Phone Number:(909) 948-8851
Entity Corporation
Issue Date 10/20/2006
Expire Date 10/31/2024
License Status
This license is current and active.
All information below should be reviewed.
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 100012646
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual STANLEY MICHAEL KOJDER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.
Effective Date: 10/20/2006
Workers' Compensation
This license has workers compensation insurance with the TECHNOLOGY INSURANCE COMPANY INC Policy Number:TWC4263509
Effective Date: 06/01/2023
Expire Date: 06/01/2024
Workers' Compensation History
Other
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions.
Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. C10 - ELECTRICAL
B - GENERAL BUILDING
Personnel listed on this license (current or disassociated) are listed on other licenses.
Sunset Electrical Contractors Inc. www.sunsetaudiovisual.com License #886050 280 N Benson Avenue, Suite 8 Upland CA 91786 (877) 625-9231 Fax (909)297-3394 Manufacturers Information
Bose (800) 379-2073
Shure (800) 516-2525
Middle Atlantic (855) 940-0585
Bluestream (952) 333-8111
SunBrite Displays (866) 357-8688
Radio Design Labs (800) 281-2683
Furman (800) 472-5555
Netgear (888) 638-4327
Ruckus (855) 782-5871
Service Center
Sunset Electrical Contractors, Inc.
List of Projects – Design/Build Audio Systems
City of Norco - Moreno Arena Sound System
South Orange Community College - Irvine Valley College - Performing Arts Center AV System Orange Unified School District - Canyon High School Gym Audio Fred Kelly Stadium
Bassett Unified School District - Bassett Unified Audio Upgrades Arcadia Unified School District - Foothill MPR Audio System Arcadia HS Outside Quad Audio
Long Beach Unified School District - Cabrillo High School Audio System La Salle College Preparatory
West Palm Conservatory
St. James Catholic Church
Instrumentation
The instrumentation utilized for this project includes a laptop and an RTA mic will be used to test and tune the system. No other specialized instruments are necessary for installation.
Sunset Electrical Contractors Inc. www.sunsetaudiovisual.com License #886050 280 N Benson Avenue, Suite 8 Upland CA 91786 (877) 625-9231 Fax (909)297-3394 Warranty Statement
If this project is engineered and installed by Sunset Audio Visual/Electrical, we will provide a warranty for the first year for all portions installed by Sunset Audio Visual. For many of the items listed within this proposal, a manufacturer’s warranty might be more than a single year warranty. Upon completion of the project, documentation for all design, along with equipment utilized within this project will be provided in digital form. A Service Contract will also be available after the end of the first year of operation.
Sunset Electrical Contractors Inc. www.sunsetaudiovisual.com License #886050 280 N Benson Avenue, Suite 8 Upland CA 91786 (877) 625-9231 Fax (909)297-3394 Conceptual Design Build
We will be implementing the following to meet the facilities IT needs:
• (1) 48-Port POE Managed Switch
• (2) Indoor Wireless Access Points
• (4) Outdoor Wireless Access Points
• (4) Ethernet Drops
Commissioning
Milestone 1
Milestone 2
Milestone 3
Milestone 4
Installation
Project Award
Order
Equipment
City of Norco – Barn IT Infrastructure Project
Time Frame
July 2023 September 2023
CONTRACT AGREEMENT
CITY OF NORCO
DESIGN/BUILD – THE BARN IT INFRASTRUCTURE PROJECT
1. Parties and Date.
This Agreement is made and entered into this 21st day of June, 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 Sunset Electrical Contractors, Inc., a corporation with its principal place of business at 280 N. Benson Avenue, Suite 9, Upland, CA 91786 (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 DESIGN/BUILD - THE BARN IT INFRASTRUCTURE PROJECT on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in electrical, Wi-Fi network installations, and sound systems of public facilities for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the DESIGN/BUILD – THE BARN IT INFRASTRUCTURE 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 DESIGN/BUILD – THE BARN IT INFRASTRUCTURE 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 90 working days. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions.
In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Facilities and Maintenance, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.
Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Stan Kojder–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 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 $500.00 per working day:
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Project. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance 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 $2,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its
officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
I. The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor.
II. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
III. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
IV. A copy of the claims reporting requirements must be submitted to City for review.
V. These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In 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, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City.
To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s
rating no less than A: VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference.
Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor: Sunset Electrical Contractors, Inc.
280 N. Benson Ave. Suite 9
Upland, CA 91786
Attention: Stan Kojder, President
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Facilities and Maintenance
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees
or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Contractor: Sunset Electrical Contractors, Inc.
*By:
________________________
Signature
Stan Kojder, President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED Attach Certificate of Notary Acknowledgment
OWNER: CITY OF NORCO, a municipal corporation
*By:
_________________________
Robin Grundmeyer, Mayor
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
____________________________
Harper & Burns, LLC, City Attorney
EXHIBIT A
PROPOSAL DOCUMENTS
REVISED - City Council
STAFF REPORT
Date: June 21, 2023 Agenda Item:
2.K.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Amendment to the Acceptance of Bids and Award of Contract for The Barn IT Infrastructure Project.
RECOMMENDATION:
Accept bids and award the contract to Sunset Electrical Contractors, Inc. for The Barn IT Infrastructure Project in the amount of $167,076.03 and authorize the City Manager to approve contract change orders up to 10% of the original contract.
SUMMARY:
The Barn IT Infrastructure Project will coincide with the current construction schedule for The Barn. The IT Infrastructure project is scheduled to be completed by August 31, 2023, in conjunction with the first event at the facility. The IT project consist of the installation of a sound system, Wi-Fi, phone line, and ethernet ports for clients to utilize as part of the various events that will take place at the facility. The project is primarily based on providing the necessary technology to provide a rentable space for a variety of users.
BACKGROUND:
The Barn will be utilized for larger events like FFA livestock shows, expos, conferences, weddings, banquets, and other types of gatherings. The sound system will provide sound for those special events along with a public address system for the surrounding structure and tie into the existing public address system at Moreno and Clark Arena.
The Wi-Fi system will accommodate for large gatherings and provide enough bandwidth for basic internet usage. Microphones and body packs along with various equipment for the project are also included in Sunset's proposal.
On May 08, 2023, staff released the Request for Proposals for The Barn IT Infrastructure Project. On June 8, 2023, proposals were received on the City's electronic bidding services website, PlanetBids. One proposal in the amount of $222,300 was received from
Sunset Electrical Contractors, Inc. (see Original Proposal). Staff along with the IT Manager, meet with Sunset on June 12, 2023, to discuss the project and provide further clarification on the design/build project along with negotiating various equipment items.
On June 14, 2023, Sunset provided a revised bid in the amount of $210,241.
After further review from the Barn Subcommittee, staff has asked Sunset to revise their bid to exclude the video wall. On June 20, 2023, Sunset provided an updated proposal in the amount of $167.076.03. Staff will revisit having visual screens at the facility after further analysis (see Revised Proposal).
Sunset Electrical Contractors, Inc. of Upland, California has provided similar services for the City of Norco by completing the Moreno Arena Sound System Project. Sunset has a variety of experience with the installation of audio/visual systems for the Arcadia Unified School District, Orange Unified School District, and South Orange Community College.
Staff has verified that Sunset Electrical Contractors has a valid Class B and C-10 California State Contractors License to perform the work described in the Notice of Inviting Bids for the project.
The Fiscal Year 2022-23 Capital Improvement Budget includes an approved budget amount of $200,000 for The Barn IT Infrastructure Project. The total cost for this project including a 10% contingency is $183,784. If approved, Sunset Electrical Contractors, Inc. will start procuring the necessary equipment and start the installation process. Sunset Electrical Contractors has been provided the timeline for the opening of the Barn and has agreed to have the system operational by August 31, 2023.
FISCAL IMPACT:
The Barn IT Infrastructure Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2022-23. $200,000 in Measure R Funds were appropriated in account 132.940.43130 for the Barn IT Infrastructure Project, Project No.54111.6 and are sufficient to fund the project.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Revised Proposal Costs
Proposal To:
City of Norco
For:
Barn IT Infrastructure Project (54111.6)
June 14, 2023
Contractors License #886050 | 280 N. Benson Ave., Suite 9, Upland, California 91786
BARN
MOBILIZATION - PERMITS INSURANCE, BUSINESS LICENSE, BONDS
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Sunset Audio Visual Bonds See Acceptance page for Programming $6,660.00 $6,660.00
A/V SYSTEM
IMAGE QTY DESCRIPTION PRICE PRICE EXT
10 Bose 794042-3380 ArenaMatch AM40/60 Outdoor Loudspeaker $4,107.99 $41,079.90 10 Bose 806720-0110 ArenaMatch AMUBRKT U-Bracket Kit $223.75 $2,237.50 3 Bose 829682-0110 DesignMax DM6SE Black $686.00 $2,058.00 3 Bose 343546-2110 PowerMatch PM8500N Amplifier - Network Model $4,133.33 $12,399.99 1 Bose 834317-1110 ControlSpace EX-1280 Processor 120V NA $2,696.00 $2,696.00 1 Bose 772238-0110 PowerMatch AmpLink 24-Channel Card $163.51 $163.51 1 Bose 776978-0010 MIMO 7 Inch Android Touch Panel Flush $670.67 $670.67 1 Bose 782691-0010 MIMO 7 Inch Touch Panel J-Box $201.33 $201.33 1 RDL RDL-DD-BTN44 RDL DD-BTN44 Wall-Mounted Bi-Directional Line-Level and Bluetooth Audio Dante Interface (White)
$923.99 $923.99
1 Furman CN-1800S 15A Advanced Remote Smart Sequencer W/SMP & EVS, 9 Outlets 10Ft Cord
$483.79 $483.79
1 Middle Atlantic DWR-24-26 DWR RACK 24RU 24"USEABLE $1,241.33 $1,241.33 Confidential Proposal
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1 Middle Atlantic FD-24 24SP SOLID FRONTDR, UNIV. $230.67 $230.67 1 Middle Atlantic PDT-1620C-NS PD THIN,1-20A,16OUT,CORD $213.33 $213.33 1 Middle Atlantic DWR-FK6-26 6" FAN,26"D DWR FAN KIT $248.00 $248.00 2 Shure QLXD124/85-G50 Bodypack and Vocal Combo System with WL185 and SM58® $1,637.33 $3,274.66 4 Shure SB900B RECHARGEABLE BATTERY $106.67 $426.68
1 Shure SBC200-US Dual Docking Charger with PS45US Power Supply $245.33 $245.33 1 Shure SBC200 "Dual Docking Charger, Power Supply NOT Included" $194.67 $194.67 1 Shure UA844+SWB "Five-way active antenna splitter and power distribution system for QLX-D®, ULX®, ULX-D®, SLX®, and BLX® (BLX4R only) receivers. (470-952 MHz)" $573.33 $573.33
1 Netgear NET-GSM4230PX-100NAS M4250-26G4XF-POE+MANAGEDSWITCH $1,749.33 $1,749.33 1 Sunset Audio Visual Lift Rental $3,000.00 $3,000.00
1 Sunset Audio Visual Conduit & Related Materials $8,000.00 $8,000.00
IMAGE QTY DESCRIPTION PRICE PRICE EXT
PORTABLE VIDEO WALL
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Absen PL3.9 Pro LED Video Wall Kit 3.9mm Pixel Pitch, 8' Portable LED Video Wall includes controller, cases, truss and all hardware)
$37,024.11 $37,024.11
WIFI SYSTEM
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 AVT Technology JL357A#ABA ARUBA 2540 48G POE+ 4SFP+ SWITCH ARUBA 2 $4,076.48 $4,076.48 Confidential Proposal
Equipment prices include any required accessories. Labor 3 of 6 Version V3.1 June 14, 2023 prices include design, engineering, installation and
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2 Hewlett Packard Q9H63A Aruba AP-515 (US) Unified AP $1,089.69 $2,179.38 3 Hewlett Packard JZ183A Aruba AP-377 (US) Outdoor 11ac AP -O $2,277.75 $6,833.25 3 Hewlett Packard JW053A AP-270-MNT-V2 AP-270 Series Ou $129.68 $389.04 48 Belden BL-FTSLC900FS01 Belden FTSLC900FS01 FX Fusion OS2 LC Simplex 900 - FX Fusion Splice-On Connector - Blue
$14.04 $673.92
48 Belden BEL-RV6MJKUBLS1 REVConnect CAT6+ Modular Jack, $9.35 $448.80 2 Allen Tel GB324 FIBER RACK ENCL 3 PANELS $124.64 $249.28 4 Allen Tel GBLC-6SMDU FIB DPLX PNL W/ SM-LC 6PK $105.80 $423.20 5 BerkTek 6P4P24-BL-P-BER-AP-NS 10136226 $358.60 $1,793.00
IMAGE QTY DESCRIPTION PRICE PRICE EXT
HDMI & ETHERNET CONNECTIONS
IMAGE QTY DESCRIPTION PRICE PRICE EXT
2 BerkTek 6P4P24-BL-P-BER-AP-NS 10136226 $394.60 $789.20 1 Bose 41760 ControlSpace CC-64 Control Center $861.33 $861.33 1 ACE Backstage Custom Wall Panel Custom Wall panel for Control Surface- Made to Order $333.33 $333.33 1 Sunset Audio Visual Equipment Rack Wall Mounted Enclosure $533.33 $533.33 1 RDL RDL-DD-BTN44 RDL DD-BTN44 Wall-Mounted Bi-Directional Line-Level and Bluetooth Audio Dante Interface (White)
$923.99 $923.99
Confidential Proposal
Equipment prices include any required accessories. Labor 4 of 6 Version V3.1 June 14, 2023 prices include design, engineering, installation and
programming. Page 527 of 1376
SHIPPING $7,564.45
BARN TOTAL $158,853.42
1 RDL RDL-DDB-BN22 RDL DDB-BN22 Wall-Mounted Bi-Directional Mic/Line Dante Interface 2x2
$785.32 $785.32
IMAGE QTY DESCRIPTION PRICE PRICE EXT
INSTALL OF PHONE LINES
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Sunset Audio Visual Mic Connectors and Wire Necessary wire and connectors for system. $1,000.00 $1,000.00
PROGRAM, TESTING, WARRANTY
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Sunset Audio Visual Programming $0.00 $0.00
AS-BUILT DRAWINGS
IMAGE QTY DESCRIPTION PRICE PRICE EXT
1 Sunset Audio Visual Drawings $3,000.00 $3,000.00
Confidential Proposal
Equipment prices include any required accessories. Labor 5 of 6 Version V3.1 June 14, 2023 prices include design, engineering, installation and
programming. Page 528 of 1376
PAYMENT SCHEDULE
A deposit of the total equipment price is required at the start of the project.
EQUIPMENT TOTAL $151,288.97
SHIPPING TOTAL $0.00
ENGINEERING $0.00
INSTALLATION $33,275.00
MANAGEMENT $0.00
PROGRAMMING $5,720.00
LABOR TOTAL $38,995.00
SHIPPING $7,564.45
SUBTOTAL $197,848.42
TOTAL SALES TAX $12,392.53
PROJECT TOTAL $210,240.95
SIGNED DATE
PRINT NAME TITLE
SIGNED DATE
PRINT NAME TITLE
ACCEPTANCE
FINANCIAL
TERMS
I accept this proposal and hereby authorize Sunset Audio Visual to proceed with the installation of the included systems at the facilities of City of Norco constructing at 2870 Clark Ave. Norco, CA 92860 as described in the totality of this document. I further authorize Sunset Audio Visual to be granted the facility access that will be required to complete this project in a workmanlike and timely manner and for payment to be made to Sunset Audio Visual. In keeping with the Terms of Payment listed above: It has been made clear to me that there exist no understandings regarding this project with any relevant party unless and until City of Norco and Sunset Audio Visual agree to such additional or alternate understandings in writing. Project cost and pricing are dependent upon a continual flow of work without interruption or delays imposed by City of Norco or their staff, construction, other building trades or any other party, and additional costs may be incurred by City of Norco from Sunset Audio Visual. If such delays result in additional costs that are not covered by the pricing in this proposal: I agree that any additions to and/or deletions from the materials and labor to be provided by my acceptance of this proposal and any resulting change(s) in cost of this project shall only be by way of written change order(s) and shall be valid only after being signed by City of Norco and Sunset Audio Visual. This proposal is valid only if accepted in writing by City of Norco and deposit payment received no later than June 16, 2023.
ACCEPTANCE
CITY OF NORCO
SUNSET AUDIO VISUAL
Equipment prices include any required accessories. Labor 6 of 6 Version V3.1 June 14, 2023 prices include design, engineering, installation and
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City Council
STAFF REPORT
Date: June 21, 2023 Agenda Item:
2.L.
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 NA-6 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 NA-6 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 NA-6 Storm Drain Project located on Temescal Avenue, Corona Avenue and on private property (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, one hundred percent (100%) of costs associated with gas relocations, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-to-exceed contribution amount of $2,849,209.
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 NA-6 Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2020-21. Funds in the amount of $1,385,000 ($20,000 for design costs and $1,365,000 for construction were carried over to FY 2023-2027).
Due to unforeseen increased material and labor costs, the not-to-exceed Cooperative Funding Agreement amount has been increased to $2,849,209, which exceeds the CIP budgeted amount. The 2023-24 to 2026-27 CIP budget will be amended in a separate award of contract staff report for the June 21, 2023 council meeting to adjust the budget to correspond with the Cooperative Funding Agreement not-to-exceed amount (project number 4214.24; 129.935.43180 & 129.935.43180.30).
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the Norco MDP Line NA-6 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
*1?!
¥ PROJECT
SITE
5 VIC/NITYMAP
N.7'.5. 77-IDMASBROS. MAP
R/VERSIDECO. V. 2007
PAGE: 71.? G/?/£7"62
PAGE 715 GRID.’H2
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:
FUNDING AGREEMENT
Norco MDP Line NA-6
Project No. 2-0-10054
adjacent areas within the CITY; and
A. DISTRICT has budgeted for and CITY has prepared plans and speci?cations ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco MDP Line NA-6 ("LINE NA-6") to provide drainage improvements for the immediate B. These IMPROVEMENT PLANS generally consist of the following:
1. LINE NA-6: a stonn drain to provide ?ood protection to properties along Corona Avenue, 5”‘Street, and Temescal Avenue which will consist of an underground storm drain, approximately 2,700 lineal feet of 42-inch to 48-inch reinforced concrete pipe, within streets and private rights of way, located in Corona Avenue, 5”‘Street and Temescal Avenue to alleviate ?ooding on the private properties between Temescal Avenue and Corona Avenue; and
Certain inlets, catch basin and connector pipes associated with LINE NA—6which will be constructed to adequately collect and convey local ?ows within CITY-held easements or rights of way ("APPURTENANCES"); and
RECITALS
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D. CITY plans to advertise, award and administer a public works construction "PROJECT"; and
C. Together, LINE NA-6 and APPURTENANCES are hereinafter called and
F. Certain unavoidable SO CAL GAS RELOCATIONS shall be included E. CITY desires that DISTRICT include certain Southern California Gas ("SO CAL GAS RELOCATIONS") relocations as part of the DISTRICT's ?nancial contribution to construct PROJECT. SO CAL GAS RELOCATIONS is de?ned as (i) the unavoidable relocation of utilities not owned by CITY that (a) con?ict with the construction of PROJECT; and (b) cannot be relocated by others under CITY'S franchise authority. These certain unavoidable SO CAL GAS RELOCATIONS shall be included in the public works construction contract for PROJECT; H. DISTRICT wishes to support CITY'S efforts to construct PROJECT by providing a ?nancial 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 ?nancial 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 hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") detennination; preparation, application and acquisition of the environmental clearance and permits if required for the public works construction contract for PROJECT; and G. CITY desires that DISTRICT contribute funding towards the construction of PROJECT; and
contract for PROJECT during Fiscal Year 2022/2023; and
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4 Up to an additional ?fteen 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
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 . In the event that CITY chooses to hire an engineering consulting ?rm 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
. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount ("BID PRICE") for the
construction of PROJECT and the costs associated with S0 CAL CONTRIBUTION"); and
5. Up to an additional ten percent (10%) of BID PRICE for construction contract change orders ("CONSTRUCTION
CHANGE ORDERS CONTRIBUTION"); and
J. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, BID PRICE, CONTRACT ADMINISTRATION CONTRIBUTION, and CONSTRUCTION CHANGE GAS RELOCATIONS; and
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and
K. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of Two Million Eight Hundred Forty-Nine Thousand Two Hundred Nine Dollars ORDERS CONTRIBUTION are hereinafter called ("TOTAL DISTRICT CONTRIBUTION"); M. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
1. Pursuant to the CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for ??y percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. DISTRICT CONTRIBUTION shall not exceed a total sum of Two Million Eight Hundred Forty-Nine Thousand Two Hundred Nine Dollars ($2,849,209); for PROJECT.
3. Prepare or cause to be prepared improvement plans, in accordance with the applicable CITY standards. CITY shall make reasonable efforts during the preparation of
SECTION
CITY shall:
($2,849,209); and
L. DISTRICT wishes to provide only ?nancial assistance to CITY and have no other role; and
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RELOCATIONS.
4. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remainder of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN. DISTRICT CONTRIBUTION and DESIGN ADMIN shall not exceed a total sum of Two Million Eight Hundred Forty-Nine Thousand Two Hundred Nine Dollars improvement plans to avoid SO CAL GAS con?icts associated with S0 CAL GAS
7. Provide DISTRICT with written notice (Attention: Contract Services Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest
6. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, speci?cations, bid documents and any subsequent addenda thereto.
operate and maintain PROJECT.
5. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct,
9. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum
8. Order the relocation of all utilities within CITY rights of way which may responsible bid contract amount.
con?ict with the construction of PROJECT.
($2,849,209); for PROJECT.
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11. Construct or cause to be constructed PROJECT pursuant to a CITY administered public Works contract in accordance with IMPROVEMENT PLANS.
12. Inspect PROJECT construction or cause PROJECT‘s construction to be of Two Million Eight Hundred Forty-Nine Thousand Two Hundred Nine Dollars ($2,849,209); for PROJECT. BID PRICE shall be supported by a copy of CITY'S bid abstracts for PROJECT.
10. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certi?cate(s) of insurance and original certi?ed copies of endorsements and if requested, certi?ed original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certi?cate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, of?cers, Board of Supervisors, employees, elected or appointed of?cials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
13. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning con?ned space and maintain a safe working environment for all CITY and DISTRICT employees on the site.
14. Upon completion of PROJECT construction and CITY'S acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.
15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY'S Notice of Completion.
inspected by its construction manager.
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16. Keep an accurate accounting of all PROJECT costs along with CITY'S CONTRACT ADMINISTRATION CONTRIBUTION. The ?nal accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment Vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for DISTRICT and CITY approved 1 At the time of providing a Notice of Completion, invoice DISTRICT (Attention: Special Projects Section) for CITY'S CONTRACT ADMINISTRATION CONTRIBUTION and if applicable, CITY'S CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed, Two Million Eight Hundred Forty-Nine Thousand Two Hundred Nine Dollars ($2,849,209); for DISTRICT review.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for the MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid; or ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable project specific mitigation.
1. Within thirty (30) days after receipt of CITY'S invoices (i) pay all approved CITY'S invoices and (ii) review and approve associated documents as described in the Recital and Section I herein this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed, Two Million Eight Hundred Forty-Nine Thousand Two Hundred Nine Dollars ($2,849,209); for PROJECT.
SECTION II
DISTRICT shall:
IMPROVEMENT PLANS.
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1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Two Million Eight Hundred FortyNine Thousand Two Hundred Nine Dollars ($2,849,209); and shall be used by CITY solely for the purpose of constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modi?cations, extensions or
SECTION III
CONTRIBUTION for PROJECT
3. Not be responsible to pay any amounts that exceed the TOTAL DISTRICT repairs.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of
2. In the event the actual construction cost for PROJECT is less than the BID PRICE, CITY shall re?md the difference to DISTRICT within thirty (30) days of ?ling the Notice
4. CITY shall indenmify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, of?cers, Board of Supervisors, elected and appointed of?cials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY'S (including its of?cers, elected and appointed of?cials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily of Completion for PROJECT.
PROJECT
It is further mutually agreed:
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7. This Agreement is made and entered into for the sole protection and bene?t of the Parties hereto. No other person or entity shall have any right of action based upon the injury or death; (C) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the
8. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division
9. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or signi?cance. Any other party.
provisions of this Agreement.
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10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY ?om enforcing this Agreement.
uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its ?nal fonn.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's ?nancial contribution towards PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's noti?cation by CITY.
12. This Agreement is intended by the Parties hereto as a ?nal expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modi?ed only upon the written consent of the Parties hereto.
13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same -10-
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//
//
instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") (Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as de?ned in subdivision (i) of Section 1633.2 of the Civil 11 Code.
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IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement on By By
KRISTINE BELL-VALDEZ Deputy
Supervising Deputy County Counsel
(to be ?lled in by Clerk of the Board).
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By
JASON E. UHLEY KAREN SPIEGEL, Chair
General Manager-Chief Engineer Board of Supervisors, Riverside County Flood Control and Water Conservation
District
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel KIMBERLY RECTOR
Clerk of the Board
Funding Agreement with City of Norco
Norco MDP Line NA-6
Project No. 2-0-10054
06/05/23
LHM:MM:rlp
-12
(SEAL)
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RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
By _________
HARPERT & BURNS, LLC
City Attorney
Funding Agreement with City of Norco
Norco MDP Line NA-6
Project No. 2-0-10054
06/05/23
LHM:MM:rlp
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CITY OF NORCO
By ___________
ROBIN GRUNDMEYER
Mayor
ATTEST:
By:_________ DANA ROA, CMC
City Clerk
(SEAL)
- 13 -
Date: June 21, 2023
City Council
STAFF REPORT
Date: June 21, 2023 Agenda Item:
2.M.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
2022 General Plan Annual Progress Report (APR)
RECOMMENDATION:
Receive and File the 2022 General Plan Annual Progress Report (APR), for submittal to the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).
SUMMARY:
California Government Code Section 65400 mandates that Cities and Counties submit an APR on the General Plan to the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD). The attached document fulfills this mandate; it has been reviewed by the Planning Commission at its meeting on June 14, 2023.
BACKGROUND:
The year 2022 was a year of transition for the City, as pandemic era trends that limited public access and changes to City Hall operations as a result of health measures, came to an end. 2022 saw a slight uptick in Planning Commission cases and residential construction. Development projects processed by the Planning Department continue to grow more complex, as developers try to fill the market demand for housing.
There were several legislative planning activities that occurred, including an amendment of the City’s Zoning Code to follow new state housing laws related to Accessory Dwelling Units, the establishment of an Inclusionary Housing Program, and the adoption of the Objective Development Standards for multi-family and mixed-use development.
The attached report reflects the 2022 activities; the submittal to HCD will fulfill the City's reporting requirements.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
2022 General Plan Annual Progress Report
PLANNING NNUAL REPORT 2020
PAGE
2022 Planning Annual Report
PLANNING DIVISION
GENERAL PLAN
ANNUAL PROGRESS
REPORT
2022
2020 PLANNING NNUAL REPORT
PAGE 2
2022 Planning Annual Report
CITY COUNCIL
Greg Newton - Mayor (November 2022)
Robin Grundmeyer - Mayor ProTem Council Member (November 2024) Ted Hoffman - Council Member (November 2024)
Katherine Aleman - Council Member (November 2024)
Kevin Bash - Council Member (November 2022)
PLANNING COMMISSION
Patricia Hedges - Chair (June 2024)
Danny Azevedo - Vice Chair (June 2023)
Mark Askey - Commissioner (June 2022)
Jeff Shyu - Commissioner (June 2022)
Phil Jaffarian - Commissioner (June 2025)
CITY GOVERNMENT
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
For 2022, the City of Norco Planning Department had a total of four (4) persons assigned to the current and advanced planning tasks for the City.
STAFF
Alma Robles - Planning Director
Joshua Altopp - Senior Planner
Erika Woods-Diaz - Assistant Planner
Lacey David - Senior Permit Technician
PLANNING DIVISION
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
I. PLANNING DIVISION ACTIVITIES
Introduction …………………………….……………...…………………………………………………………5 Current Planning……………………………………………………………………………..…..………………6 Advanced Planning………………………………………………………………………..……..……………...7 II. PLANNING PROJECTS 2022
General Plan Update….……………………………………………………………………..…..………………8 Administrative Cases…………………………………………………………………..………..………………9 Planning Cases…………………………………………………………………………………..……………..10 General Plan/Specific Plan Amendments…………………………………………….……………………...11 Zone Code Amendments…………………………………………………...………………………………....12 Zone Changes………………………………………………………………….……………...……………….13 Staff Development………………..…………………………………………..…………….…………………..14 Norco Developments…………………………………………………………...………………………………14 III. BUILDING PERMIT ACTIVITY
Calendar Year Building Permit Activity……………………………………….………….…………………..15 IV. COMMUNITY TRENDS AND GROWTH
Commercial/Economic Development………………………………………………………………..……….16 Residential Development…………………………………………………………...……………….………...18 Industrial………………...…………………………………………………………..……………….………….18 Rural Atmosphere (Zoning Layout of the Land)……………………………………..………….…………..19 V. POPULATION
Census Data……………………………………………………………………….………………..…………..21 Housing Data……………………………………………………………………..………….………………….22 VI. WORK PROGRAM
Work Program for 2022……………………………………………………………..…………..……………..23
TABLE OF CONTENTS
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
INTRODUCTION
The City of Norco Planning Division’s Annual Progress Report (APR) outlines the activities of the Division from January 2022 through December 2022 consistent with State Law. Because the City became a Charter City in 2010, as defined by California State law and per Government Code Section 65700, annual reports were not required for Charter Cities. Because of the charter city exemption, Annual Progress Reports have not been provided by the City of Norco until the 2017 reporting year. With the implementation of the 2017 State Legislative Housing Package all cities, including Charter Cities, are required to submit an APR.
PLANNING DIVISION ACTIVITIES
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
CURRENT PLANNING
Current planning involves a great deal of interaction with the general public. Planning Division staff provide timely and efficient service to the development community and ensures that development in the City meets or exceeds the expectations of the community/regulations. In addition to responding to public information requests and zoning-related inquiries, the Planning Division staff also review development plans for commercial, industrial, and residential projects.
Duties Include:
• Processing planning applications and preparing reports for review by the Planning Commission and City Council;
• Administrating the City’s zoning ordinances, development regulations, sign codes, and planning policies;
• Environmental review of projects for compliance with the California Environmental Quality Act (CEQA) and Riverside County's Multi-Species Habitat Conservation Plan (MSHCP);
• Plan checking of ministerial building applications such patio covers, fences, swimming pools, walls, etc. as they relate to zoning and land use for compliance with the standards of the City’s Ordinances;
• Plan checking of new commercial development for compliance with zoning regulation and entitlement approvals;
• Responding to telephone calls and inquiries in writing, at the public counter, and via email regarding zoning and land use issues;
• Business license review for new and existing businesses in the City; • Managing all aspects of commercial vehicle exemption permits: issuance, tracking, renewal, and termination.
PLANNING DIVISION ACTIVITIES
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
ADVANCED PLANNING
Advanced planning deals with the future planning for the City of Norco. The activities of the advanced planning section include: research, data analysis, and report writing of federal, state and local mandated documents (i.e., general plan updates) required of city government for legislative review and compliance. These types of documents generally require a great deal of staff time and preparation before the final product is ready. In addition, some documents are required to be reviewed and updated on a yearly basis, such as the Housing Element Annual Report.
In addition, the Planning Division also works in preparing, amending, and updating the City’s Zoning Code and General Plan. The Planning Division is also responsible for the California Environmental Quality Act (CEQA) review of projects processed/ prepared under advanced planning, such as Annexations, Specific Plans, and Specific Plan Amendments.
In some cases, Advanced Planning requires community input and interaction. In these circumstances, the Planning Division is responsible for organizing and handling community involvement.
PLANNING DIVISION ACTIVITIES
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
GENERAL PLAN UPDATE
The City of Norco works to update elements of its General Plan on an as-needed and required basis. In 2022, the City focused on getting the Housing Element for the 8th cycle (2021-2029) certified by the State’s Department of Housing and Community Development (HCD). The City will be kicking off a comprehensive General Plan update in 2023. The update and maintenance of the General Plan is crucial if the City is to adequately accommodate the long term vision of the city for all land uses (i.e. commercial and residential) while preserving an animal keeping/small plot agricultural lifestyle.
UPDATES:
The following is a list of the elements will be updated as part of the comprehensive General Plan in 2023, as well as their most recent update completion year:
1. Circulation (completed 2000)
2. Housing (adopted 2021, certified 2022)
3. Land Use (completed 2009)
4. Conservation (completed 2014)
5. Noise (completed 2003)
6. Safety (completed 2013)
7. Open Space/Parks and Recreation (completed 1989)
PLANNING PROJECTS IN 2022
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
ADMINISTRATIVE CASES
The following table indicates the number of applications requiring administrative review by staff. Generally, administrative cases are not reviewed by the Planning Commission or City Council unless appealed, or under special circumstances.
The processing of administrative cases plays a major role in the daily activities of the Planning Division. Building Permit review continues to be at the top of administrative cases reviewed by the Division. Building permits for new commercial development and accessory buildings (after review and approval by the Planning Commission or City Council), new homes, accessory dwelling units (ADUs), room additions, residential pools, fencing etc., are reviewed for zoning compliance, and consistency with the Planning Commission conditions of approval, as applicable.
Administrative Cases
CASES 2020 2021 2022
Special Event Permits 32 59 30
Building Permit Reviews 879 1102 808
Certificate of Occupancy 19 1 9
Sign Reviews 21 33 22
Planning Information
Letters
7 15 5
Landscape Reviews 1 7 5
Architectural/
Photometric Lighting
Reviews
0 4 3
TOTAL 959 1,221 882
PLANNING PROJECTS IN 2022
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
PLANNING CASES
The Planning Division received a total of 42 Planning Commission cases for 2022. Items that are heard by the Planning Commission included Appeals, Conditional Use Permits, General Plan Amendments, Site Plan Reviews, Zone Changes, and Zone Code Amendments.
Planning Commission Cases
* Includes review of detached accessory buildings for non-habitable use.
Cases 2020 2021 2022
Appeals 1 1 1
Conditional Use Permits (new) 10 10 12
General Plan Amendments 0 2 2
Site Plan Reviews* (new) 15 15 14
Specific Plans 0 0 0
Specific Plan Amendments 1 1 0
Tentative Parcel Maps 1 1 1
Tentative Tract Maps 0 1 1
Variance 6 1 5
Zone Changes 1 2 1
Zoning Code Amendment 4 4 5
Annexations 0 0 0
TOTAL 39 38 42
PLANNING PROJECTS IN 2022
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
Legislative actions such a General Plan Amendments, Specific Plans/Amendments, Zone Code Amendments, and Zone Changes are typically processed to reflect new legislation and to establish and/or update provisions and requirements for certain land uses and development standards. The following is a brief description of all land use legislative actions taken by the City in 2022:
GENERAL PLAN AMENDMENTS
General Plan Amendment 2022-01 (City of Norco): Amended Section 3.3.2 of the Land Use Element of the City of Norco General Plan, to include a description of the existing Commercial Community (CC) Land Use designation for the purpose of clarification and consistency within the General Plan.
General Plan Amendment 2022-02 (TACRD Investments): A request to change the General Plan Designation for a portion of a 38.92-acre site at the northeast corner of Bluff Road and River Road from Residential Agricultural (RA) to Residential Low (RL) to allow for the development of 68 single-family homes. This General Plan Amendment is still in process.
SPECIFIC PLANS/AMENDMENTS
There were no new Specific Plan or Specific Plan Amendments in 2022.
PLANNING PROJECTS IN 2022
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
ZONE CODE AMENDMENTS
There were five (5) Zone Code Amendments processed in 2022:
1. Zone Code Amendment 2021-04 (City of Norco): Amended the Municipal Code to establish Objective Development Standards (ODS) used to evaluate multi-family residential and mixed-use development applications. Began and 2021 and adopted in March 2022.
2. Zone Code Amendment 2022-01 (City of Norco): Amended the Municipal Code to remove provisions relating to temporary second units for the elderly. Second units (which can also house the elderly) continue to be allowed on a now permanent basis under the provision for Accessory Dwelling Units (ADUs) per Section 18.30.46 of the Municipal Code.
3. Zone Code Amendment 2022-03 (City of Norco): Established an Inclusionary Housing Program requiring a certain percentage of units of a proposed residential housing development be affordable, and allow developers the option of an in-lieu fee to the City rather than providing affordable units as part of their project.
4. Zone Code Amendment 2022-04 (City of Norco): Created development standards and requirements for residential lighting to limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals, and wildlife in rural residential zones.
5. Zone Code Amendment 2022-05 (City of Norco): Updated the Municipal Code to conform to state law revising Government Code Section 65852.2 and 65852.22 and new state housing laws, AB 2221 and SB 897 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Final approval of this Zone Code Amendment occurred in 2023.
PLANNING PROJECTS IN 2022
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
ZONE CHANGES
There was one (1) Zone Code Change processed in 2022:
Zone Change 2022-01 (TACRD Investments): A request to change the Zoning Designation for a portion of a 38.92-acre site at the northeast corner of Bluff Road and River Road from A-1-20 (Agricultural - Low Density) to R-1 (Residential - Single Family) to allow for the development of 68 single-family homes. This zone change is still in process.
PLANNING PROJECTS IN 2022
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
STAFF DEVELOPMENT
Staff stayed current with new laws and regulations with updates provided through the American Planning Association, the Southern California Association of Governments, the Western Riverside Council of Governments, and the League of California Cities.
Although no conferences were attended in 2022, staff development is a priority for 2023.
NORCO DEVELOPMENTS
Site Plan 2022-05 (Doug Mock): Approval to allow the construction of a two-story, 6,398 square-foot office and retail showroom/warehouse building for a glass sales operation at 756 Sixth Street.
Conditional Use Permit 2022-08 (Freddy’s Restaurant): Approval to allow the construction of a 2,446 square-foot drive-thru restaurant at APN: 131-230-028, located along the east side of Hamner Avenue, south of Brunk’s Butchery and north of Bob’s Big Boy.
Conditional Use Permit 2022-09 (Dutch Bros Coffee Shop): Approval to allow the construction of a 950 square-foot drive-thru coffee shop at APN: 131-230-027, located along the east side of Hamner Avenue, south of Brunk’s Butchery and north of Bob’s Big Boy.
PLANNING PROJECTS IN 2022
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
CALENDAR YEAR 2022 BUILDING PERMIT ACTIVITY
The following table indicates the number and value of building permits issued for new construction (not including additions and remodels) from 2020-2023. The Building Division tracks activity based on a calendar year format.
Summary of New Construction 2020-2022
* Includes Accessory Dwelling Units (ADUs)
BUILDING PERMIT ACTIVITY
Year
Residential Commercial/Industrial Total Permits
Amount Value Amount Value Amount Value
2020 2 $485,560 0 0 2 $485,560
2021 5* $809,186 11 $56,144,621 16 $56,953,807
2022 20* $2,205,422 21 $10,970,015 41 $13,175,437
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2022 Planning Annual Report
COMMERCIAL & ECONOMIC DEVELOPMENT
The City of Norco has neighborhood, general, and heavy commercial/light industrial development throughout the City. However, the majority of commercial land is located on Hamner Avenue and Sixth Street.
HAMNER AVENUE
Hamner Avenue is the main commercial strip in the City. The Gateway Town Center, located on the west side of Hamner Avenue between First Street and Mountain Avenue, and the Norco Auto Mall, located on both sides of Hamner Avenue between Second and Third Streets, are two of the examples of large commercial developments along Hamner Avenue.
Hamner Avenue has experienced major infrastructure and right-of-way improvements.
New development has surfaced along this commercial corridor within the last eight years. As with any other city, new businesses in the area are important as they provide services to the community and generate additional tax base.
The City of Norco has a limited supply of large and vacant commercially-zoned properties along Hamner Avenue. Additionally, the City’s sphere of influence does not include much more area than what is already within city limits, so most of the land available for development consists of infill properties in commercial zones.
COMMUNITY TRENDS & GROWTH
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
COMMERCIAL & ECONOMIC DEVELOPMENT CONTINUED
The SilverLakes Equestrian and Sports Park, which opened in 2017, is a regional draw, attracting thousands of visitors from Los Angeles, Orange, Riverside, and San Bernardino Counties annually. In an effort to work with existing conditions and to continue establishing a stable tax base for the community, the City is working to promote a hospitality development zone along Hamner Avenue and Sixth Street. This hospitality development zone is expected to leverage the economic benefit that the SilverLakes Equestrian and Sports Park provide to the City.
In addition to the aforementioned regional facility, the City-owned George Ingalls Equestrian Event Center has become a premier regional attraction for equestrian shows, rodeos, dog shows which attract more than 150,000 visitors and participants annually. The event center is the eastern anchor to Sixth Street, the historic commercial center for Norco.
SIXTH STREET
The commercial corridor along Sixth Street extends from the I-15 Freeway east to the George Ingalls Equestrian Event Center. This commercial corridor has undergone several changes throughout the years facilitating new development while maintaining an “Old Town,” western-themed neighborhood commercial corridor that includes a strong presence of animal keeping services and retail opportunities. Zoning along Sixth Street has been upgraded and expanded to include a broad list of uses ranging from entertainment/recreational businesses such as brewpubs, national retail chains, and hospitality-related uses such as hotels and inns.
COMMUNITY TRENDS & GROWTH
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
RESIDENTIAL DEVELOPMENT
The City of Norco's residential zoning districts are primarily built-out, such that for the last several years all residential development has consisted of single lot infill development, resulting in only a few new units per year.
To promote residential development consistent with the City's certified Housing Element present and past, there are housing developments on specific commercial lots that allow 20-30 dwelling units per acre on at least half of the acreage of a project site, which is achieved in the form of a housing overlay zone. In 2022, the City received a development application for a project consistent with the allowed density intended for the overlay zone noted above. This application is currently still in the review process. Furthermore, the City has been actively facilitating the development of ADUs in compliance with state law and the approved Housing Element.
INDUSTRIAL DEVELOPMENT
Most of the industrial development in the City lies within the Gateway Specific Plan Area/Industrial District located along Parkridge Avenue and Mountain Avenue. Two smaller industrial districts lie west of Hamner Avenue, one at Industrial Avenue, and the other at Horseless Carriage Drive and Fifth Street. As of 2022, these small areas are largely built out.
A moratorium on new industrial development was enacted in 2022 in order to allow the City to develop updated industrial standards for both the Gateway Industrial District and the M-1 Zone. These updated industrial standards will allow for better regulation of industrial development in order to safeguard the health, safety, and welfare of Norco residents.
COMMUNITY TRENDS & GROWTH
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
RURAL ATMOSPHERE (ZONING LAYOUT OF THE LAND)
Locations and types of land uses for commercial, residential, or industrial are based on the zoning designation. The majority of land in Norco is zoned for residential development. The amount of land zoned for residential uses allows Norco the ability to maintain its rural atmosphere. See page 20 for a complete breakdown of zoning within the City. Additionally, the pie chart below shows the zoning breakdown of land zoned residential, as compared to other zones in the City.
Zoning Breakdown Pie Chart
COMMUNITY TRENDS & GROWTH
2020 PLANNING NNUAL REPORT
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2022 Planning Annual Report
Zoning Distribution Table
Zoning District Acreage % Total
HS (Hillside) 336 4.1
A-E (Agricultural Estates) 143 1.8
A-1-40 (Agricultural Low Density) 125 1.5
A-1-20 (Agricultural Low Density) 3,438 42.1
A-1-10 (Agricultural Low Density) 23 0.3
R-1-10 (Residential Single Family) 158 1.9
Norco Hills SP (Residential Single Family) 238 2.9
Norco Ridge Ranch SP (Residential Single Family) 874 4.8 Residential Total 5,335 59.4
C-0 12 0.1
C-G 294 3.6
C-4 94 1.1
Gateway SP (Commercial) 240 1
Gateway SP (Office Park) 26 <1
Auto Mall SP (Commercial) 89 1.1
Norco Hills SP (Commercial) 4 <1
Commercial Total 759 8.5
M-1 (Light Manufacturing) 93 1.1
M-2 (Heavy Manufacturing) 355 4,3
Gateway SP (Industrial) 112 1.2
Auto Mall SP (Industrial) 19 <1
Industrial Total 579 6.5
OS (Open Space) 1081 10.8
LD (limited Development) 459 4.9
Streets and Freeways 754 8.1
North Ridge Ranch SP (open Space) 2 <1
Norco Hills SP (open space) 1 <1
Other Total 2,297 25.6
Total Area 8,970 100
COMMUNITY TRENDS & GROWTH
PLANNING NNUAL REPORT 2020
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2022 Planning Annual Report
CENSUS DATA
The 2020 U.S. Census calculated that Norco had a population of 27,063. Since the 2010 census, the City has grown by an estimated 548 persons, an increase of approximately 2 percent. Inmates at the California Rehabilitation Center, which was estimated by the State Department of Finance to be 3,812 in 2020 are included in the population figures. Table 5 below illustrate the City’s population changes.
Ten Year Population Increase
1990 Census 2000 Census 2010 Census 2020 Census
Population 23,302 24,157 27,063 27,611
# increase 3,570 855 2,906 548
% increase 18 3.7 12 1.9
Dwelling Units 5,785 6,277 7,322 7,329
# increase 402 492 1,045 7
% increase 7 9 17 0
Household
Population 18,593 19,330 22,666 23,777
# increase 362 737 3,336 1,111
% increase 2 4 17 4
POPULATION
2020 PLANNING NNUAL REPORT
PAGE 22
2022 Planning Annual Report
NORCO HOUSING STATISTICS
According to the 2020 Census, the total number of housing units in the City for the year 2020 is 7,329. This is a zero percent increase from the last census conducted in 2010, which counted 7,322 housing units. Data with regards to the City’s housing statistics are presented in the table below:
Housing Statistics
2000 2010 2020
Total Housing Units 6,220 7,322 7,329
Percent change N/A 15 0
Owner Occupied 4,630 5,702 5,883
Percent change N/A 18 3
Renter Occupied 1,590 1,620 1,269
Percent change N/A 1 22
Vacant 141 299 177
Percent Change N/A 52 41
POPULATION
PLANNING NNUAL REPORT 2020
PAGE 23
2022 Planning Annual Report
WORK PROGRAM
The Planning Department staff has prepared the following work program for 2023:
• Initiate the City’s comprehensive General Plan update, which will include updates to the Circulation, Land Use, Conservation, Noise, Open Space/Parks, and Safety elements of the General Plan. The comprehensive General Plan update will also address Economic Development and Environmental Justice within the mandated elements.
• Adopt an updated version of the City’s density bonus ordinance, in compliance with State law.
• Continue the implementation of the City’s housing plan programs included in the certified 2021-2029 Housing Element.
• Complete the Bluff Street Annexation toward the westerly portion of the City (Annexation #27) annexing properties on the north side of Bluff Street west of River Road.
• In coordination with Economic Development and the comprehensive General Plan update, continue efforts, including zoning changes as warranted, to attract needed transient-oriented hotel and restaurant projects to the City. • Complete the development code update related to the City’s industrial standards.
WORK PROGRAM
City Council
STAFF REPORT
Date: June 21, 2023 Agenda Item:
2.N.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Approval of 5-Year Tree Trimming, Removal, and Planting Contract with West Coast Arborists, Inc.
RECOMMENDATION:
Accept the proposal from West Coast Arborist, Inc. and award a five-year Tree Trimming, Removal, and Planting Contract in an amount not to exceed amount of $250,000 annually.
SUMMARY:
Staff solicited proposals for annual tree maintenance service to maintain the community tree canopy. The City received three proposals and based on the review of the proposals, staff selected West Coast Arborists (WCA) as the most qualified firm to maintain the City's urban forest. Staff is recommending approval of a five-year agreement with WCA.
BACKGROUND:
The City utilizes contract tree trimming and tree maintenance services to perform scheduled and emergency trimming and removal of the City's estimated 8,700 trees and to provide other on-call services. Maintaining a community tree canopy is a key component in preserving safety, aesthetics, addressing liability and in promoting a beautiful community with tree line trails and parkways adding to the quality of life for residents and visitors to Horsetown USA. The majority of the over 8,700 trees in inventory are situated along residential and equestrian trails, parks and parkways.
WCA has been the contract maintenance service provider for the City for the last 17 years.
During the current contract the City successfully implemented a five-year tree-grid trimming maintenance program which divides the City boundaries into five tree maintenance zones; typically, one zone per year is trimmed. During the year, minor additional maintenance in the other zones may/may not occur based on need and budget allocations. Using the zone method allows for all trees to be inspected and judiciously
pruned once every five years. However, the current maintenance agreement is set to expire June 30, 2023.
A request for proposals (RFP) was developed in effort to see the level of services and rates being offered in the marketplace. On April 3, 2023, the City posted an official RFP on the PlanetBids website for Tree Trimming, Removal and Planting Contract Services.
On April 26, 2023, the City received three proposals: West Coast Arborists, Mariposa Tree Management Inc., and Golden West Arbor Services.
Staff reviewed the proposals by evaluating each company’s experience, credentials, completeness, accuracy, firm history, location, services offered, years in business and familiarity with the City and total aggregate costs. As part of the process in evaluating the proposals, staff looked at two primary factors: (1) the overall pricing proposed by the firm for individual services and (2) the quality and response capability of the firm. Please note Golden West Arbor Services only provided hourly rates and therefore the proposal is not being considered. After a thorough review of the remaining two proposals, it was determined WCA offered more competitive pricing and services. WCA's proposal (see attached Proposal) outlines the rates provided in year one (1) and two (2) will remain the same before an increase begins in year three (3). In addition, WCA's current awareness of the City's needs, familiarity with the community (working around horses), and overall positive performance during the current contract will allow the City to continue our high level of service to the community. Staff prepared a summary sheet of the services that are comparable between the two proposals to allow for comparison (see Fee Schedules).
The agreement does allow for two one (1)-year extensions approved by mutual agreement.
FISCAL IMPACT:
The funding for contract tree maintenance services in the amount of $250,000 is traditionally funded from Gas Tax Fund and the General Fund. However, for fiscal year 2023-24 the Gas Tax Fund is anticipated to have insufficient funds to cover all the various services funded annually, therefore, during budgeted workshop staff proposed Council approve the use of Measure R funds for the upcoming fiscal year. The Council ultimately elected to not use Measure R funds and instead directed staff to use General Fund balance. General Funds will be allocated in the amount of $40,000 to Parks Contractual Service (121-733-34100) and $210,000 to Parkway Contractual Services (133-850- 34100) to cover the full budget of $250,000 for tree trimming services for FY 2023-24.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of the multi-year tree maintenance contract 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
ATTACHMENT(S):
Proposal
Fee Schedule
Contract
City of Norco
RFP/Q – Tree Trimming, Removal and Planting Contract Services
Client Name / RFP Name
2 Setting the Gold Standard
Table of Contents
LETTER OF OFFER ............................................................................................................................. 3 COMPANY QUALIFICATIONS ......................................................................................................... 4 Company Introduction ........................................................................................................... 4 SCOPE OF SERVICES ....................................................................................................................... 6 TEAM QUALIFICATIONS .................................................................................................................. 9 PROJECT APPROACH AND MANAGEMENT............................................................................... 12 Workflow Timelines ................................................................................................................. 14 CLIENT REFERENCES ...................................................................................................................... 15 TEAM MEMBER RESUMES .............................................................................................................. 16 APPENDICES .................................................................................................................................. 18
Client Name / RFP Name
4 Setting the Gold Standard
COMPANY QUALIFICATIONS
Company Introduction
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,100 full-time employees providing tree maintenance and management services. We are proudly serving over 3300
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona.
OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.
COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:
LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
CORPORATE OFFICE
2200 E. Via Burton St.
Anaheim, CA 92806
REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA
CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
FIELD MANAGEMENT
Martin Cortez, Area Manager
Riverside Office
21718 Walnut Ave.
Grand Terrace, CA 92313
Phone (909) 783-6544
Fax (909) 783-6515
Email: [email protected]
EMERGENCY RESPONSE 24/7
1 800 LIMB DOWN
Client Name / RFP Name
5 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest. disqualified, removed, or otherwise prevented from bidding on, or completing any contract for tree maintenance services.
• In business continuously and actively since 1972
• Contractor’s License C61/D49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,100+ employees
• 330+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $140 million annually
• Fleet of approximately 1,600 pieces of equipment
Active Memberships:
Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
Client Name / RFP Name
6 Setting the Gold Standard
SCOPE OF SERVICES
Grid Tree Pruning
Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium and large-sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time.
Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City’s Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time.
Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City’s primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA.
Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.
Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement
Client Name / RFP Name
7 Setting the Gold Standard
Root Pruning
We strongly recommend against any root pruning, however, should the City elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate.
Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage.
Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract.
Tree Watering
Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs. WCA currently provides tree watering in the cities of Culver City, Santa Clarita and Santa Monica as part of their regular tree maintenance services.
Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree-related condition safe until the following workday.
Tree Planting
We can replace trees that have been removed and plant new trees in accordance with the City’s specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree.
Client Name / RFP Name
8 Setting the Gold Standard
Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis.
WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.
Plant Health Care
Tim Crothers, Plant Health Care Manager
ISA Board Certified Master Arborist WE-7655 BUM
DPR Qualified Pest Control Applicator #145321, QAL Category B & D Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest
Client Name / RFP Name
9 Setting the Gold Standard
TEAM QUALIFICATIONS
Introduction
West Coast Arborist’s (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering, and forestry.
Work Force
WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for “Tree Maintenance (Laborer).” Certification
WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company’s commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers.
Crew Evaluation
WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria-based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified.
Staff members have diverse
educational backgrounds
including accounting,
business administration,
engineering, and forestry.
Client Name / RFP Name
10 Setting the Gold Standard
Client Name / RFP Name
11 Setting the Gold Standard
WCA’s ISA Certified Arborists
ADAN BALTAZAR REYNAGA WE-7786AT HERMINIO PADILLA WE-7552AUTM JOSE MANUEL PEREZ WE-0818AT REBECCA A. MEJIA WE-2355A ANDREW JOSEPH PINEDA WE-12738A HUGO ANGEL RINCON WE-8710AT JOSEPH NICK ALAGO WE-4396AU RENE ROSALES WE-7941AT ANDREW R. TROTTER WE-0642AU IGNACIO LOPEZ WE-7329AU JOSEPH BARTOLO WE-2034AU RICHARD R. MAHONEY WE-1171A ANDREW JOSEPH ONDREJECH WE-13817A ISAAC GARZA, JR. WE-8689A JUAN ORTIZ WE-8514AT ROBERT EDWARD KNIGHT WE-11564AT BENJAMIN EUGENE BORDSON WE-10777A ISAAC ONTIVEROS WE-8567A JUAN P. LAIJA, JR. WE-13425A ROBERT D. THOMPSON WE-0915AU BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT JULIO C. GARCIA VAZQUEZ WE-11175AT ROBERT A. WRIGHTSON WE-10411A BRIAN M. KOCH WE-0341A ISIDRO ESTRADA BARBOZA WE-11685A JUSTIN LEE MENZEL WE-11756A ROSE M. EPPERSON WE-1045A CALVIN F. HAUPT WE-7634A J. ALONSO GARCIA-LOPEZ WE-8499A KANAMI MARIE OTANI WE-13275A RYAN R. COLBERT WE-13154A DANE JENSEN WE-12014A JAIME ROGELIO HERNANDEZ WE-5297AT KELLY ANN PARKINS WE-13868A SAMUEL JIMENEZ WE-11109AT DANIEL CHAVARRIA WE-10292AT JAMES PAUL SPECK II WE-10858AT KRIS BURBIDGE WE-9566AUM SEAN PATRICK SULLIVAN WE-10050AT DANIEL MAHONEY WE-10434A JASON ROSS DAVLIN WE-7628A LEONARDO RAMOS WE-11264AT SHAWN A. GUZIK WE-3182AU DANIEL RIVAS WE-10850AT JASON PINEGAR WE-2039AU LEONEL CORTEZ WE-8625AT STEFAN B. KALLENBERG WE-10730AT DANIEL WILLIAM VILLA, II WE-13609AT JEREMY PAUL PIERCE WE-12566A LORENZO PEREZ WE-7443AT STEPHEN GLENN DAVIS, JR. WE-10894AUTM DAVID GLYN EVANS WE-1588A JERRY A. ROWLAND WE-6353A MANUEL BRIANO WE-8791AT STEVE B. HUNT WE-1044AT DEBORAH DEPASQUALE WE-3812A JOEL LOPEZ WE-10871AT MARCO A. PADILLA JIMENEZ WE-8621AT TIMOTHY R. PATTERSON WE-12037A EDIBERTO SERNA SALAZAR WE-11051AT JOHN LEE PINEDA WE-10367AUT MARIO A. GONZALEZ WE-13119A TYLER KEASBEY LEHMANN WE-13460A EDUARDO VARGAS WE-11058AT JORGE MAGANA WE-3460A MATEO ARVIZU WE-10151AT VICTOR M. GONZALEZ WE-7175AM ERNESTO J.F. MACIAS WE-7120AUM JOSE LUIS ABALOS WE-8734A MICHAEL ALAN DA SILVA II) WE-12483A WALLACE BURCH WE-0713AT FELIX HERNANDEZ WE-2037AT JOSE M. CORTEZ TORRES WE-8539AUT MICHAEL LOUIS YOUNG WE-11687AT WILLIAM STEVE PONCE WE-6461A FRANCIS LEO MALABUYOC WE-12279AT JOSE MANUEL JIMENEZ URQUIZO WE-11111AT MICHAEL ANTHONY NUNES WE-12943A GENARO VICENTE CORONEL WE-12740A JOSE INEZ MANCILLA WE-10983AT MITCHELL ANDREW OWENS WE-12619AT GERARDO MARTINEZ GARCIA WE-11358A JOSE M. CHAVARRIA MANZO WE-11210AT NESTOR M. CABRERA MORA WE-13613AT GERARDO PEREZ WE-9131AT JOSE A. ALVAREZ WE-10908AT NESTOR VALENCIA WE-11359A GONZALO REGALADO WE-9952AT JOSE ALFREDO GONZALEZ WE-6475AT OSCAR GUTIERREZ WE-12783AT HECTOR MONTES WE-8079AUT JOSE LUIS DELREAL WE-11231AT PATRICK O. MAHONEY WE-1172A WCA’s ISA Certified Tree Worker/Climbers
AN BALTAZAR REYNAGA WE-7786AT GABRIEL GAMINO WE-11167T JOSE M. MUNIZ GARCIA WE-11686T SALUSTIO SANCHEZ ARROYO WE-11462T ADAN RODRIGUEZ WE-11281T GABRIEL MERCADO RUIZ WE-11568T JOSE MANUEL PEREZ WE-0818AT SAMUEL JIMENEZ WE-11109AT ADOLFO S. RUIZ WE-11294T GAMALIEL MANZANO CORONA WE-12280T JUAN AMADOR ARCE WE-11480T SANTOS MACIAS LEMUS WE-10980T ADRIAN MUNOZ WE-13987T GEORGE HERNANDEZ PEREZ WE-12269T JUAN BECERRA WE-10932T SEAN PATRICK SULLIVAN WE-10050AT ALFREDO ANGEL LOPEZ WE-11334T GERARDO MARTINEZ GARCIA WE-10997T JUAN C. LOPEZ GARCIA WE-12918T SERGIO LOPEZ-RIVERA WE-10957T ANDRES ROMAN WE-11285T GERARDO PEREZ WE-9131AT JUAN MARQUEZ WE-10987T SERGIO MACIAS-PEREZ WE-10920T ANDREW JOSEPH ONDREJECH WE-13817AT GERARDO PEREZ BADILLO WE-13986T JUAN ORTIZ WE-8514AT STEFAN B. KALLENBERG WE-10730AT ANTHONY DOUGLAS FONG II WE-12051T GERARDO A. ORDUNO WE-11036T JUAN C. PENA-ARIAS WE-11327T STEPHEN GLENN DAVIS, JR. WE-10894AUTM ANTONIO CASTELLANOS WE-11203T GONZALO REGALADO WE-9952AT JUAN TELLEZ TAPIA WE-11137T STEVE B. HUNT WE-1044AT ANTONIO GARCIA CONTRERAS WE-11173T HARLEY THOMAS DAVIS WE-13430T JUAN C. TORRES-COVARRUBIAS WE-12343T TRISTON JAMES POWERS WE-12211T ARIEL ALONSO WE-10906T HECTOR MONTES WE-8079AUT JULIO C. GARCIA VAZQUEZ WE-11175T TYLER KEASBEY LEHMANN WE-13460AT ARMANDO O. LOPEZ WE-10953T HERIBERTO CORONEL WENCESLAO WE-11218T LEONARDO RAMOS WE-11264T VENTURA GOMEZ WE-11180T ARMANDO SOTO WE-11131T HERMINIO PADILLA WE-7552AUTM LEONEL CORTEZ WE-8625AT WALLACE BURCH WE-0713AT AURELIO PAZ-GUZMAN WE-11084T HUGO ANGEL RINCON WE-8710AT LETUSA MUAAU, JR. WE-11021T BENJAMIN EUGENE BORDSON WE-10777AT HUMBERTO CHAVARRIA WE-11207T LORENZO ARREOLA-MURILLO WE-13612T BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT LORENZO PEREZ WE-7443AT BRIAN NORTON WE-12678T ISRAEL A. RAMIREZ WE-11567T LUIS P. PEREZ WE-11245T CANDELARIO PRIEGO WE-12781T J. SOCORRO GARCIA WE-11172T LUIS A. MUNOZ RAMIREZ WE-11023T CARLOS IXTA WE-11106T JAIME ROGELIO HERNANDEZ WE-5297AT MANUEL BARRAGAN WE-10925T CARLOS LEYVA BARAJAS WE-12620T JAMES PAUL SPECK II WE-10858AT MANUEL BRIANO WE-8791AT CARLOS RAMOS WE-11263T JESUS M. SARABIA PENA WE-11450T MARCO A. CASTILLO REYES WE-13429T CELEDONIO R. MANZANO OLEA(E WE-10984T JESUS A. MONTES( WE-11014T MARCO A. PADILLA JIMENEZ WE-8621AT CELESTINO PEREZ WE-11243T JESUS E. GARCIA ARCE WE-13723T MARCOS RICHARD-MARTINEZ WE-10989T CESAR GUADALUPE VALENZUELA REYES WE-11076T JOEL LOPEZ WE-10871AT MATEO ARVIZU WE-10151AT CESAR WENCESLAO WE-10968T JOEL MARTINEZ WE-10992T MELCHOR LEMUS WE-11237T CUAUHTEMOC AMEZCUA QUEZADA WE-14058T JOEL ORTIZ WE-11039T MICHAEL ALAN DA SILVA II WE-12207T DANIEL CHAVARRIA WE-10292AT JOEL M. RIVERA WE-11273T MICHAEL LOUIS YOUNG WE-11687AT DANIEL ELIZARRARAS WE-13611T JOHN LEE PINEDA WE-10367AUT MIGUEL AYALA WE-10924T DANIEL RIVAS WE-10850T JONATHAN GARCIA HERNANDEZ WE-13989T MIGUEL MACIAS WE-10978T DANIEL WILLIAM VILLA, II WE-13609T JORGE ARREOLA-HERNANDEZ WE-11321T MIGUEL A. VALERIO AJAL WE-13848T DELFINO AGUILAR-MORALES WE-10900T JORGE DUENAS WE-11144T MITCHELL ANDREW OWENS WE-12619T DEMETRIO LIRA WE-11323T JORGE JIMENEZ WE-11110T NELSON R. AGUIRRE WE-10901T DEMETRIO OSEGUERA WE-11043T JOSAFAT MONTOYA WE-11015T NESTOR M. CABRERA MORA WE-13613T EDIBERTO SERNA SALAZAR WE-11051T JOSE AGUAYO WE-10899T NICOLAS GODINA WE-11907T EDUARDO AVILA WE-10812T JOSE ABEL CANCINO WE-11192T OSCAR GUTIERREZ WE-12783T EDUARDO HERNANDEZ WE-12917T JOSE AGUSTIN CARRILLO WE-11200T PEDRO CUEVAS WE-11765T EDUARDO VARGAS WE-11058AT JOSE M. CORTEZ TORRES WE-8539AUT PEDRO GARCIA WE-11168T EDWIN ANTONIO FUENTES WE-12777T JOSE R. GRANADOS WE-11186T PEDRO ADALBERTO HERNANDEZ
ALTAMIRANO
WE-11095T
FAUSTO GUZMAN WE-11083T JOSE JIMENEZ WE-11108T PEDRO SANDOVAL WE-11301T FELIX GARCIA WE-11170T JOSE JIMENEZ HERNANDEZ WE-11113T RAMON ZUNIGA GOMEZ WE-10977T FELIX HERNANDEZ WE-2037AT JOSE MANUEL JIMENEZ URQUIZO WE-11111T RANULFO PERALTA CASTANEDA WE-11202T FRANCIS LEO MALABUYOC WE-12279AT JOSE INEZ MANCILLA WE-10983T RAUL JIMENEZ DURAN WE-13865T FRANCISCO URENA JIMENEZ WE-11075T JOSE M. CHAVARRIA MANZO WE-11210AT RAUL MANZO HERNANDEZ WE-10985T FRANCISCO LOPEZ WE-10952T JOSE RODRIGUEZ WE-11277T RAUL TELLEZ TAPIA WE-11138T FRANCISCO RAMIREZ WE-11259T JOSE ALEJANDRO VALENZUELA WE-11674T RENE ROSALES WE-7941AT FRANCISCO VILLANUEVA WE-10965T JOSE A. ALVAREZ WE-10908T ROBERT EDWARD KNIGHT WE-11564T FRANCISCO F. WENCESLAO BARAJAS WE-10969T JOSE ALFREDO GONZALEZ WE-6475AT ROMUALDO GAETA LUNA WE-11165T FRED LOPEZ-PASTOR WE-13988T JOSE LUIS DELREAL WE-11231AT SALOMON SILVA WE-11053T