Agenda — Norco City Council, March 20, 2024 (part 1 of 2)

AGENDA
City Council
Wednesday, March 20, 2024
Norco City Hall
Joint Workshop - Conf. A and B
Regular Session - City Council Chamber
2870 and 2820 Clark Avenue, Norco, CA
92860
CALL TO ORDER - CONF. A AND B

CITY HALL
4:00 PM
ROLL CALL - CITY COUNCIL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member

ROLL CALL - PLANNING

COMMISSION
Jeff Shyu, Chair
Fia Sullivan, Vice Chair
Danny Azevedo, Member
Patricia Hedges, Member
Tara Young, Member
Henry Langlois, Youth Commissioner

JOINT WORKSHOP WITH PLANNING

COMMISSION
General Plan Workshop

CLOSED SESSION - CITY COUNCIL CHAMBER

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Fair Political Practices Commission v. City of Norco)

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Regional Water Quality Control Board v. City of Norco) §54954.5 Conference with Labor Negotiator
Agency designated representatives: City Manager Sassoon Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: MidManagement, Confidential, and Management Employees

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park
Agency negotiators: City Manager, Finance Director, Planning Director Negotiating parties: City of Norco and Balboa Management Group LLC.

Under negotiation: Price and Terms
City Council Agenda - March 20, 2024

RECONVENE PUBLIC SESSION - CITY

COUNCIL CHAMBER
7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Bash
INVOCATION Pastor Fred Griffin
Corona Church of the Open Door
PRESENTATIONS Women's History Month Proclamation
2023 City of Norco Accomplishments
Tech Bridge Update
Troy Clark, Navy

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.

3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 4 of the Agenda.

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf

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City Council Agenda - March 20, 2024

3.B. Approval of City Council Regular Meeting Minutes.

RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of March 6, 2024.

Staff Report - Pdf

3.C. Acceptance of the First Street Rehabilitation Project as Complete RECOMMENDATION:

Accept the First Street Rehabilitation Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

3.D. 2023 Housing Element Annual Progress Report (APR) for submittal to the California Department of Housing and Community Development (HCD) and to the Governor’s Office of Planning and Research (OPR).

RECOMMENDATION:

Receive and File.

Staff Report - Pdf

3.E. Acceptance of Bids and Award of Contract for the First Street Storm Drain Project
RECOMMENDATION:

Reject the bid submitted by Pacific West Underground and accept remaining bids and award a contract to the next responsible bidder, Kirtley Construction, Inc. dba TK Construction, for the First Street Storm Drain Project in the amount of $563,848 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

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City Council Agenda - March 20, 2024

3.F. Amendment of Fiscal Year 2024-2028 Capital Improvement Program (CIP) to include additional funding for the Western Avenue Waterline Replacement Project; and accept bids and award contract for the Western Avenue Waterline Replacement Project
RECOMMENDATION:

Appropriate additional funding for Fiscal Year (FY) 2024-2028 CIP water budget in the amount of $174,000 for the Western Avenue Waterline Replacement Project; accept bids, award a contract to MCC Equipment Rentals, Inc. for the Western Avenue Waterline Replacement Project in the amount of $1,025,700.61; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

Staff Report - Pdf

3.G. Cancelation of City Council Regular Meeting of July 3, 2024.

RECOMMENDATION:

Cancel July 3, 2024 City Council Regular Meeting.

Staff Report - Pdf

3.H. Recap of Actions Taken by the Planning Commission at its Meeting Held on March 13, 2024
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on March 13, 2024.

Staff Report - Pdf

3.I. Consideration of a resolution of the City Council of the City of Norco declaring Assessor Parcel Number (“APN”) 129-180-005 as exempt surplus land under the Surplus Land Act
RECOMMENDATION:

Adopt City Council Resolution No. 2024-10.

Staff Report - Pdf

4. ITEM(S) PULLED FROM CONSENT CALENDAR

5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed. If new substantial amendments are made to the Ordinance at this time, the Ordinance will require a "Third" reading and public comments will be allowed.

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City Council Agenda - March 20, 2024

5.A. Zone Code Amendment 2024-01 (City of Norco): Second reading and approval of Ordinance 1111 approving a City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with state ADU Law
RECOMMENDATION:

Adopt Ordinance No. 1111, approving Zone Code Amendment 2024-01.

Staff Report - Pdf

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

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

6.A. Discussion of Poultry/Fowl Laws
RECOMMENDATION:

Discuss current Norco Municipal Code as it pertains to poultry/fowl laws and provide staff feedback for possible future amendments.

Staff Report - Pdf

6.B. Discussion regarding Municipal Code Chapter 9.07 - Noise Regulations and enforcement options - Oral Report
RECOMMENDATION:

Discuss possible Ordinance updates and provide direction to staff.

Staff Report - Pdf

7. CITY COUNCIL / STAFF COMMUNICATIONS

8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.

Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

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City Council Agenda - March 20, 2024

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.A.

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

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.B.

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

Approval of City Council Regular Meeting Minutes.

RECOMMENDATION:

Approve the City Council Regular Meeting Minutes of March 6, 2024.

REVIEWED AND APPROVED BY:

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

City Council - Mar 06 2024 - DRAFT Minutes

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DRAFT - MINUTES
City Council
Wednesday, March 6, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER - CONF. A AND B

CITY HALL
4:50 PM
ROLL CALL - CITY COUNCIL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member

ROLL CALL - PLANNING

COMMISSION
Jeff Shyu, Chair
Fia Sullivan, Vice Chair
Danny Azevedo, Member
Patricia Hedges, Member
Tara Young, Member
ABSENT - PLANNING COMMISSION Henry Langlois, Youth Commissioner JOINT WORKSHOP General Plan Joint Workshop with Planning Commission
Civic Solutions Consultant Jean Ward discussed the purpose of the Workshop and introduced the team of consultants from STP, LWC and Fehr and Peers, that helped present the General Plan update; Dave Sargent, Juan Gomez Novy, Jason Pack, Baldwin Ngai, Peter VanderWal and David Bergman.

City Council and Planning Commission members discussed the General Plan report with the Consultants. No action was taken.

Mayor Bash Adjourned the Workshop at 7:05 PM.

CLOSED SESSION - CITY COUNCIL CHAMBER
Mayor Bash Adjourned to Closed Session at 7:16 PM.

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City Council Minutes - March 6, 2024
City Attorney Burns read the Closed Session Item into the record.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 Potential Case - Facts and Circumstances Unknown to Potential Plaintiffs)

RECONVENE PUBLIC SESSION - CITY

COUNCIL CHAMBER
7:31 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions in Closed Session.

PLEDGE OF ALLEGIANCE Council Member Hanna
INVOCATION Pastor Rene Parish
Beacon Hill Assembly of God

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

2. PUBLIC COMMENTS
Rebecca Mendoza spoke regarding rescinding Resolution 2024-03.

Greg Bowen thanked the Riverside County Sheriff's Office for their hard work around the City and for the community. He also commended the Fire Department for their hard work in the City.

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

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City Council Minutes - March 6, 2024
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

3.B. Approval of City Council Regular Meeting Minutes.

Action: Approved the City Council Regular Meeting Minutes of February 21, 2024.

3.C. Award of contract for 2023-24 Trail Fencing Installation Project Action: Accepted the base bid from Valley Cities Gonzales Fencing in the amount of $361,950 for the 2023-24 Trail Fencing Installation Project and authorized the City Manager to issue a change order for the bid additive in the amount of $101,460 for trail fence removals, issue a purchase order in the amount of $463,410 and include authority for a contingency up to 10% of the total purchase order.

3.D. Acceptance of proposals by Michael Baker International and Award of Contract for Professional Design Services for Sewer Lift Station Replacement Projects Nos. 7 & 9
Action: Accepted the two proposals by Michael Baker International for professional design services to replace River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations, award a design contract for River Road East (No. 9) and Old Hamner Road (No. 7) Sewer Lift Stations in the amount of $286,880; and authorized the City Manager to approve purchase orders in the amount of $143,956 and $142,924 respectively, and contract change orders up to 10 percent of the total contract amount for each project.

3.E. Consideration of a resolution of the City Council of the City of Norco declaring Assessor Parcel Numbers (“APN’s”) 125-160-006, 125-180-012, and 127-220- 041 exempt surplus land under the Surplus Land Act, and a resolution of the Housing Successor Agency to the former Community Redevelopment Agency of the City of Norco declaring Assessor Parcel Number (“APN”) 130-162-039 exempt surplus land under the Surplus Land Act

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City Council Minutes - March 6, 2024
Action: Adopted City Council Resolution No. 2024-09 and Successor Agency Resolution No. 2024-01.

4. ITEM(S) PULLED FROM CONSENT CALENDAR
No items were pulled from the Consent Calendar.

5. DISCUSSION / ACTION ITEM(S)

5.A. Resolution 2024-08 of the City Council of the City of Norco awarding a Franchise Agreement to USA Waste of California, Inc. (Waste Management) and authorizing maximum rates to be imposed and collected by USA Waste of California, Inc. for refuse and recyclable material collection and disposal services to be effective July 1, 2024, and determining that the City’s Franchise Fee and Vehicle Impact Fee are justified by the City’s costs of providing solid waste services, reasonable charges for the use of City property for solid waste services, and the costs of addressing the impacts of solid waste refuse vehicles.

Mayor Pro Tem Newton acknowledged all the hard work the consultants, the subcommittee, Public Works Director Blais, Council Member Grundmeyer and staff put towards the agreement.

Public Works Director Blais presented report and introduced R3 Consultant, Carrie Baxter.

Consultant Baxter presented information regarding the Trash Hauler Agreement and the history of the RFP process with the subcommittee.

Public Works Director Blais introduced Waste Management Area General Manager, Steve Kanow.

Waste Management Area General Manager Kanow presented key points of information from the agreement.

Public Works Director Blais clarified the proposal and review process and presented additional information on the agreement.

City Council Members had questions and concerns.

Public Works Director Blais and Waste Management Public Sector Manager, Glenda Chavez, answered questions and addressed concerns.

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City Council Minutes - March 6, 2024
Mayor Bash opened Public Comment.

Cathy Campagna spoke in support of the agreement and spoke highly of Waste Management staff for their service.

David Bisaha spoke in support of the agreement.

Hisam Bagai thanked City Council.

Kim Munday spoke in support of the agreement and her appreciation for Waste Management staff.

Greg Bowen thanked everyone for their work on the Waste Management agreement. He acknowledged staff members of Waste Management for both great customer service and areas of improvement.

Wast Management Public Sector Manager Chavez spoke highly of the agreement and her excitement for the programs available to the City and the opportunity to continue working alongside the City.

Waste Management Hauling District Manager, Dave Morri, thanked the City for the opportunity to serve the community and spoke regarding areas of improvement.

Bill Naylor spoke regarding Waste Management's customer service; trash can lids being broken and issues with bin replacement. He stated his support for the overall agreement and thanked City Council.

Geoff Kahan spoke regarding several points within the agreement including the 4% yearly cap, the cost of recycle bins beyond two and the transition of billing from the City to Waste Management.

Mayor Bash closed Public Comment.

Public Works Director Blais and Waste Management Public Sector Manager Chavez answered questions brought to staff's attention by public comments.

City Council Members spoke regarding the agreement and thanked staff for their hard work.

Following discussion, motion was made.

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City Council Minutes - March 6, 2024

M/S BASH/GRUNDMEYER

1. Find the proposed action is categorically exempt under the California Environmental Quality Act;

2. Award Agreement for the Provision of Integrated Waste Management Services to USA Waste of California, Inc. for residential and commercial garbage, recyclable materials, and organic waste collection services (including manure) for a 10-year base term beginning July 1, 2024, and ending June 30, 2034;

3. Direct City Manager to set a public hearing upon the Service Rates, Franchise Fee, and Vehicle Impact Fee proposed in franchise agreement and to prepare and mail the prescribed notices as required under Section 6 of Article XIII.D of the California Constitution; and

4. Adopt Resolution 2024-08 awarding a franchise agreement to USA Waste of California, Inc. and authorizing maximum rates collected by USA Waste of California, Inc. for Integrated Waste Management Services to be effective July 1, 2024, and determining that the City’s Franchise Fee and Vehicle Impact Fee are justified by the City’s costs of providing solid waste services, reasonable charges for the use of City property for solid waste services, and the costs of addressing the impacts of solid waste refuse vehicles. With Corrections to the Agreement as provided by the Public Works Director. The Motion was carried by the following roll call vote:

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

5.B. Feral Pigs Update - Oral Report
Community Services Director Anglin presented the Feral Pigs Update.

Mayor Bash requested copies of the photographs of the damage done by the feral pigs.

Community Services Director Anglin agreed to get photos to Mayor Bash and stated the Council will receive updates on the progress.

Following discussion and without formal motion, the Feral Pigs Update was received and filed.

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City Council Minutes - March 6, 2024

6. PUBLIC HEARING(S)

6.A. Zone Code Amendment 2024-01 (City of Norco): A City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with state ADU Law.

Community Development Director Robles presented report on Zone Code Amendment 2024-01.

City Council Members had questions and concerns.

Community Development Director Robles and City Manager Sassoon answered questions and addressed concerns.

Mayor Bash opened Public Comment.

Greg Bowen spoke regarding his concerns with ADU's and the traffic and parking issues that may be consequential.

Mayor Bash closed Public Comment.

Following discussion, motion was made.

M/S HANNA/NEWTON Adopt Ordinance No. 1111, approving Zone Code Amendment 2024-01. The Motion was carried by the following roll call vote:

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

7. CITY COUNCIL / STAFF COMMUNICATIONS
City Clerk Roa thanked the community for their participation in the March 5, 2024 Election and looks forward to working with the Registrar of Voters for the upcoming November Election.

Mayor Pro Tem Newton asked to agendize Resolution 2024-03 reconsideration.

Council Member Aleman had a question regarding the upcoming workshop for Resolution 2024-03 on March 13, 2024 and the discussion to rescind the resolution.

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City Council Minutes - March 6, 2024
Council Member Grundmeyer asked that an update be given for retirees who have and have not received their checks.

Following discussion, motion was made.

M/S ALEMAN/NEWTON Agendize a discussion on March 13, 2024 to reconsider Resolution 2024-03. The Motion was carried by the following roll call vote:

AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Bash expressed concerns regarding back yard trails and ADU's.

City Manager Sassoon stated a discussion item regarding back yard trails is in progress to be brought to City Council and will have the ADU information included.

Mayor Bash had a question regarding the IT equipment in the Council Chambers.

Facilities and Maintenance Director Hamilton answered questions and addressed concerns.

Mayor Bash asked to agendize a discussion to provide support regarding budgets for programs at Norco High School.

Council Member Aleman had questions and concerns.

Mayor Bash answered questions and clarified his request.

Following discussion, motion was made.

M/S BASH/GRUNDMEYER Agendize a discussion to provide support regarding budgets for programs at Norco High School. The Motion was carried by the following roll call vote:

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

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City Council Minutes - March 6, 2024
Mayor Bash asked to agendize a discussion on poultry laws and the current Municipal Code requirements.

Mayor Pro Tem Newton had questions and concerns.

City Manager Sassoon answered questions and addressed concerns.

Following discussion, motion was made.

M/S BASH/ALEMAN Agendize a discussion on Poultry Laws and Municipal Code requirements. The Motion was carried by the following roll call vote:

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

8. ADJOURNMENT
Mayor Bash adjourned the meeting with a moment of silence in honor of the anniversary of the passing of former Council Member Ted Hoffman and his Wife, Jean Hoffman. Meeting adjourned at 9:52 PM.
_________________________________
Dana Roa, CMC
City Clerk

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.C.

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

Acceptance of the First Street Rehabilitation Project as Complete RECOMMENDATION:

Accept the First Street Rehabilitation Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The First Street Rehabilitation Project consisted of new curb/gutter and widening improvements on First Street between Hillside Avenue and Temescal Avenue.

BACKGROUND:

On June 7, 2023, the City Council awarded a contract to Hillcrest Contracting, Inc. in the amount of $1,145,705 and authorized the City Manager to approve contract change orders up to 10% for the First Street Rehabilitation Project. The final contract amount paid to Hillcrest Contracting, Inc. was $1,165,105. The increase in the amount paid was primarily due to additional asphalt quantities and unforeseen fencing replacements.

Hillcrest Contracting, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

FISCAL IMPACT:

There is no fiscal impact for this item.

RELATIONSHIP TO STRATEGIC PLAN:

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The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.D.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
2023 Housing Element Annual Progress Report (APR) for submittal to the California Department of Housing and Community Development (HCD) and to the Governor’s Office of Planning and Research (OPR).

RECOMMENDATION:

Receive and File.

SUMMARY:

The State requires that each City prepare and provide a Housing Element Annual Progress Report (APR) regarding the implementation of the City’s Housing Element.

This reporting period is January 1, 2023 to December 31, 2023, and is being presented as information and for review by the City Council prior to submittal to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD) as required by state law. The report was submitted for information and review by the Planning Commission at its March 13, 2024 meeting. The annual deadline for filing is April 1, 2024.

BACKGROUND:

Government Code section 65400 requires that each city, county, including charter cities, prepare an Annual Progress Report (APR) on the status of the Housing Element of its General Plan and progress in its implementation, using forms/tables and definitions adopted by the HCD. The APR must be submitted to HCD and OPR on or before April 1 of each year. The APR provides information for the previous calendar year and must be submitted separately to both HCD and OPR (Gov. Code, § 65400). Below is a summary of the report:

HOUSING PRODUCTION
The table below shows the number of housing units permitted/finaled for 2023. Note that only ADUs are broken down by affordability level prescribed by SCAG guidelines.

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HOUSING PROGRAMS PROGRESS REPORT
Notable programs accomplished from the work program in the certified Housing Element in 2023:
 Removed Housing Development Overlay parking constraints by reducing parking requirements in the Objective Development Standards for studio and 1 bedroom units from 2 parking spaces to 1.5 parking spaces per unit.  Recorded covenant protecting 80 affordable residential units located at 2660- 2680 Clark Avenue until 2062.
 Established a Density Bonus Program to match current state regulations.  Amended City Code to prohibit minimum parking requirements for supportive housing within 1/2 mile of a public transit stop, per AB 2162.  Established an ADU legalization program and incentives.

A full list of Housing programs and their respective progress can be found in more detail under Table D of the Annual Progress Report.

LEAP GRANT
The City utilized Local Early Action Planning (LEAP) grant funds in 2023 to:
 Establish an Inclusionary Housing Ordinance and In-Lieu Fee  Update the Density Bonus Ordinance
 Begin the process of creating a Request for Proposal (RFP) for affordable Veteran's housing.

The full 2024 HCD Annual Progress Report can be found here:
https://www.dropbox.com/scl/fi/pjrd8juzwerkxk1zi5qps/Norco-APR-2023-ReportingYear-1.xlsm?rlkey=6vwnlg2ctx33rnbdijgyp43tv&dl=0 As noted, this information is being presented for receive and file information purposes only. Staff will be available to answer any questions pertaining to the City of Norco data at the scheduled meeting.

FISCAL IMPACT:

There is no financial impact.

RELATIONSHIP TO STRATEGIC PLAN:

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This item is consistent with Strategic Plan 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

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.E.

To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:

Acceptance of Bids and Award of Contract for the First Street Storm Drain Project RECOMMENDATION:

SUMMARY:

Bids for the First Street Storm Drain Project were opened on February 29, 2024, with Kirtley Construction, Inc. dba TK Construction of San Bernardino, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to TK Construction in the amount of $563,848 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the First Street Storm Drain Project were advertised on February 9, 2024 with a bid opening date of February 29, 2024. A total of fifteen (15) bids were received with proposals ranging in value from $463,199 to $1,596,832. The bid summary analysis has been attached for Council’s review (See Bid Summary). The First Street Storm Drain project entails the installation of 913 linear feet of new 18” RCP storm drain within First Street between Valley View Avenue and Corona Avenue (see Project Exhibit).

During the proposal review process staff determined that the lowest overall bid submitted by Pacific West Underground in the amount of $463,199 was an unbalanced bid that contained unit costs that significantly varied from the other bids (Bid Items #3, #6 & #16). Staff contacted Pacific West Underground to discuss their Bid Item #16

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(centerline re-stripe) which reflected a unit cost of $2,500 per linear foot resulting in an overall striping cost of $175,000. This value well exceeded the next highest striping cost of $55 per linear foot ($3,850 overall cost) proposed by another contractor. The City indicated to the contractor that the striping scope would be removed from the contract and asked Pacific West Underground if they could still perform the work minus the $175,000. Pacific West Underground indicated that they had made a clerical error on the bid proposal and could not perform the work and have formally submitted a bid withdrawal letter (See Bid Withdrawal).

Given the bid withdrawal request by Pacific West Underground, the next lowest responsible bidder is TK Construction in the amount of $563,848. Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the First Street Storm Drain Project. Therefore, Council is recommended to reject the apparent low bid from Pacific West Underground and award a contract to the next lowest bidder, TK Construction.

Funds for the project will be secured through a Funding Agreement with the Riverside County Flood Control & Water Conservation District (RCFC&WCD). Funding for the project includes 100% of the contract award amount, 100% of the design costs, 10% for design administration, 15% for construction contract administration and 10% for construction change orders.

FISCAL IMPACT:

The First Street Storm Drain Project was approved as a Capital Improvement Program project in the Storm Drain Fund in the Fiscal Year 2024-28 CIP. Funds in the amount of $870,000 ($60,000 for design and $810,000 for construction; Project No. 4214.33, Account No. 129.935.43180 & 129.935.43180.30) are available and sufficient to fund the lowest responsive bid amount of $563,848 including the 10% contingency.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the First Street Storm Drain Project is consistent with Strategic Direction #5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

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

BID SUMMARY

PROJECT EXHIBIT

BID PROPOSAL

BID WITHDRAWAL
Contract-TK CONSTRUCTION

Page 24 of 226 ends

Page 25 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty Unit Price Line Total Unit Price Line Total 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 $7,500.00 $7,500.00 $16,000.00 $16,000.00 2 Traffic Control, at LS 1 $6,688.00 $6,688.00 $3,000.00 $3,000.003 Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 $75.00 $68,475.00 $220.00 $200,860.00 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 $9,450.00 $28,350.00 $12,000.00 $36,000.00 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 $18,374.00 $55,122.00 $17,000.00 $51,000.00 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 $9,000.00 $9,000.00 $40,000.00 $40,000.00 7 Grade Basin to Drain, at EA 1 $5,000.00 $5,000.00 $12,000.00 $12,000.008 Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 $16,744.00 $16,744.00 $12,000.00 $12,000.00 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 $200.00 $4,800.00 $117.00 $2,808.00 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 $2,500.00 $2,500.00 $2,900.00 $2,900.00 11 Construct 6" Curb per City of Norco Std 200, at LF 4 $150.00 $600.00 $400.00 $1,600.0012 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 $16,445.00 $16,445.00 $55,000.00 $55,000.00 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 $3,500.00 $3,500.00 $2,300.00 $2,300.00 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 $3,500.00 $3,500.00 $3,400.00 $3,400.00 Pacific West Underground, Inc.

Kirtley Construction, Inc. dba
TK Construction

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Kirtley Construction, Inc. dba
TK Construction
15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 $55.00 $50,215.00 $120.00 $109,560.00 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 $2,500.00 $175,000.00 $20.00 $1,400.00 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 $3,500.00 $3,500.00 $4,200.00 $4,200.00 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 $55.00 $1,760.00 $185.00 $5,920.00 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 $1,500.00 $4,500.00 $1,300.00 $3,900.00 Subtotal $463,199.00 $563,848.00Total $463,199.00 $563,848.00

Page 27 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total Unit Price Line Total
$15,000.00 $15,000.00 $13,286.00 $13,286.00
$6,216.00 $6,216.00 $25,209.00 $25,209.00
$317.00 $289,421.00 $268.00 $244,684.00
$9,000.00 $27,000.00 $7,983.00 $23,949.00
$13,412.00 $40,236.00 $13,755.00 $41,265.00$24,518.00 $24,518.00 $22,172.00 $22,172.00 $7,462.00 $7,462.00 $3,558.00 $3,558.00
$11,969.00 $11,969.00 $12,388.00 $12,388.00
$135.00 $3,240.00 $71.00 $1,704.00$880.00 $880.00 $1,088.00 $1,088.00$135.00 $540.00 $234.00 $936.00 $27,758.00 $27,758.00 $25,916.00 $25,916.00
$5,856.00 $5,856.00 $2,194.00 $2,194.00$5,856.00 $5,856.00 $2,194.00 $2,194.00 Sol Construction, Inc.

Garrett J Gentry General
Engineering, Inc.

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City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total Unit Price Line Total
Sol Construction, Inc.

Garrett J Gentry General
Engineering, Inc.
$112.00 $102,256.00 $130.00 $118,690.00
$11.00 $770.00 $14.00 $980.00
$1,500.00 $1,500.00 $5,750.00 $5,750.00
$30.00 $960.00 $173.00 $5,536.00
$1,200.00 $3,600.00 $10,364.00 $31,092.00
$575,038.00 $582,591.00$575,038.00 $582,591.00

Page 29 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total Unit Price Line Total
$19,000.00 $19,000.00 $22,000.00 $22,000.00$30,000.00 $30,000.00 $12,500.00 $12,500.00 $415.00 $378,895.00 $299.00 $272,987.00
$12,500.00 $37,500.00 $18,300.00 $54,900.00$15,000.00 $45,000.00 $17,525.00 $52,575.00$20,000.00 $20,000.00 $33,000.00 $33,000.00 $5,000.00 $5,000.00 $17,200.00 $17,200.00
$15,000.00 $15,000.00 $33,000.00 $33,000.00
$81.00 $1,944.00 $434.00 $10,416.00
$5,000.00 $5,000.00 $1,213.00 $1,213.00
$85.00 $340.00 $472.00 $1,888.00
$20,000.00 $20,000.00 $64,000.00 $64,000.00$15,000.00 $15,000.00 $1,600.00 $1,600.00$10,000.00 $10,000.00 $1,600.00 $1,600.00 All Cities Engineering, Inc. GCI Construction, Inc.

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City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total Unit Price Line Total
All Cities Engineering, Inc. GCI Construction, Inc.
$18.00 $16,434.00 $96.00 $87,648.00$50.00 $3,500.00 $21.00 $1,470.00 $4,000.00 $4,000.00 $7,299.00 $7,299.00
$100.00 $3,200.00 $272.00 $8,704.00
$8,000.00 $24,000.00 $3,600.00 $10,800.00
$653,813.00 $694,800.00$653,813.00 $694,800.00

Page 31 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total Unit Price Line Total
$20,000.00 $20,000.00 $20,000.00 $20,000.00$35,000.00 $35,000.00 $29,988.00 $29,988.00 $330.00 $301,290.00 $398.00 $363,374.00
$16,000.00 $48,000.00 $11,356.00 $34,068.00$21,000.00 $63,000.00 $16,420.00 $49,260.00$44,500.00 $44,500.00 $28,214.00 $28,214.00$10,000.00 $10,000.00 $4,680.00 $4,680.00$28,500.00 $28,500.00 $12,248.00 $12,248.00 $225.00 $5,400.00 $124.00 $2,976.00
$2,400.00 $2,400.00 $2,466.00 $2,466.00
$325.00 $1,300.00 $105.00 $420.00
$57,500.00 $57,500.00 $28,150.00 $28,150.00
$8,000.00 $8,000.00 $1,020.00 $1,020.00$8,000.00 $8,000.00 $1,020.00 $1,020.00 CEM Construction Corp. J&E Construction Corp.

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City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total Unit Price Line Total
CEM Construction Corp. J&E Construction Corp.
$75.00 $68,475.00 $142.00 $129,646.00$50.00 $3,500.00 $15.00 $1,050.00 $9,200.00 $9,200.00 $4,035.00 $4,035.00
$150.00 $4,800.00 $244.00 $7,808.00$950.00 $2,850.00 $5,190.00 $15,570.00 $721,715.00 $735,993.00$721,715.00 $735,993.00

Page 33 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total Unit Price Line Total
$90,000.00 $90,000.00 $23,900.00 $23,900.00$60,000.00 $60,000.00 $64,013.00 $64,013.00 $225.00 $205,425.00 $200.00 $182,600.00
$15,000.00 $45,000.00 $13,000.00 $39,000.00$18,000.00 $54,000.00 $23,100.00 $69,300.00$50,000.00 $50,000.00 $31,000.00 $31,000.00$15,000.00 $15,000.00 $8,300.00 $8,300.00$30,000.00 $30,000.00 $17,000.00 $17,000.00 $100.00 $2,400.00 $240.00 $5,760.00
$3,000.00 $3,000.00 $1,300.00 $1,300.00
$300.00 $1,200.00 $613.00 $2,452.00
$10,000.00 $10,000.00 $46,000.00 $46,000.00$50,000.00 $50,000.00 $4,050.00 $4,050.00$50,000.00 $50,000.00 $4,050.00 $4,050.00 Aneen Construction, Inc. KEC Engineering

Page 34 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total Unit Price Line Total
Aneen Construction, Inc. KEC Engineering
$100.00 $91,300.00 $300.00 $273,900.00
$40.00 $2,800.00 $15.00 $1,050.00
$3,000.00 $3,000.00 $7,000.00 $7,000.00
$165.00 $5,280.00 $250.00 $8,000.00
$10,000.00 $30,000.00 $3,775.00 $11,325.00
$798,405.00 $800,000.00$798,405.00 $800,000.00

Page 35 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total Unit Price Line Total
$25,000.00 $25,000.00 $20,000.00 $20,000.00$20,000.00 $20,000.00 $20,000.00 $20,000.00 $300.00 $273,900.00 $550.00 $502,150.00
$20,000.00 $60,000.00 $15,000.00 $45,000.00$35,000.00 $105,000.00 $15,000.00 $45,000.00$60,000.00 $60,000.00 $50,000.00 $50,000.00$20,000.00 $20,000.00 $10,000.00 $10,000.00$40,000.00 $40,000.00 $20,000.00 $20,000.00 $250.00 $6,000.00 $200.00 $4,800.00
$1,000.00 $1,000.00 $15,000.00 $15,000.00
$350.00 $1,400.00 $1,000.00 $4,000.00
$60,000.00 $60,000.00 $60,000.00 $60,000.00$20,000.00 $20,000.00 $4,000.00 $4,000.00$20,000.00 $20,000.00 $6,000.00 $6,000.00 Dominguez General
Engineering, Inc.

Vido Artukovich & Son, Inc./
Vidmar Inc. A JV

Page 36 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total Unit Price Line Total
Dominguez General
Engineering, Inc.

Vido Artukovich & Son, Inc./
Vidmar Inc. A JV
$130.00 $118,690.00 $85.00 $77,605.00
$55.00 $3,850.00 $30.00 $2,100.00
$15,000.00 $15,000.00 $10,000.00 $10,000.00
$600.00 $19,200.00 $300.00 $9,600.00
$10,000.00 $30,000.00 $3,000.00 $9,000.00
$899,040.00 $914,255.00$899,040.00 $914,255.00

Page 37 of 226 ends

City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total Unit Price Line Total
$26,000.00 $26,000.00 $28,500.00 $28,500.00$22,000.00 $22,000.00 $28,500.00 $28,500.00 $440.00 $401,720.00 $570.00 $520,410.00
$35,000.00 $105,000.00 $19,000.00 $57,000.00$20,000.00 $60,000.00 $19,000.00 $57,000.00$50,000.00 $50,000.00 $19,000.00 $19,000.00$12,000.00 $12,000.00 $1,520.00 $1,520.00$25,000.00 $25,000.00 $19,000.00 $19,000.00 $2,000.00 $48,000.00 $190.00 $4,560.00$2,000.00 $2,000.00 $3,040.00 $3,040.00 $400.00 $1,600.00 $475.00 $1,900.00
$33,000.00 $33,000.00 $19,000.00 $19,000.00$10,000.00 $10,000.00 $3,800.00 $3,800.00 $5,000.00 $5,000.00 $3,800.00 $3,800.00
Creative Home dba CHI
Construction
Mike Bubalo Construction Co.,
Inc.

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City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total Unit Price Line Total
Creative Home dba CHI
Construction
Mike Bubalo Construction Co.,
Inc.
$65.00 $59,345.00 $209.00 $190,817.00$25.00 $1,750.00 $38.00 $2,660.00 $5,000.00 $5,000.00 $7,600.00 $7,600.00$1,000.00 $32,000.00 $380.00 $12,160.00$8,000.00 $24,000.00 $2,280.00 $6,840.00 $923,415.00 $987,107.00$923,415.00 $987,107.00

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City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Clearing and Grubbing, Mobilization, NPDES/SWPPP requirements, (Max 3% of total base bid) at LS 1 2 Traffic Control, at LS 13
Furnish and Install 18" R.C.P., including Bedding & Backfill per City of Norco STD. 155, at LF 913 4 Furnish and Install Manhole No. 1 per RCFC & WCD STD. DWG. MH251, at EA 3 5 Construct Catch Basin per RCFC STD. CB100 & Local Depressions per LD201 Case B, at EA 3 6 Relocate Existing 12" Water Line, (including Trench Bedding, Backfill and Asphalt Repair per City of Norco Std. No. 401) Per Detail "A" at LS 1 7 Grade Basin to Drain, at EA 18
Construct Modified Headwall and Wingwall per Caltrans Std Plan D89, at EA 1 9 Construct Rolled Curb to 6" Curb Transition per City of Norco Std 215, at LF 24 10 Install Thermoplastic Stop Legend and Limit Line per Caltrans Std Plan A24D and A24E, at EA 1 11 Construct 6" Curb per City of Norco Std 200, at LF 412 Construct Fully Restrained 14" CML&C Pipe w/ Trench Backfill, Bedding and Asphalt Repair per City of Norco Std No. 401, at LS 1 13 Cut and Remove Interfering Portions of Existing 12" CML&C Waterline at LS 1 14 Cut and Remove Interfering Portions of Existing 14"CML&C Waterline, at LS 1 Unit Price Line Total
$29,000.00 $29,000.00
$100,000.00 $100,000.00
$940.00 $858,220.00
$17,000.00 $51,000.00$19,000.00 $57,000.00$35,000.00 $35,000.00$17,000.00 $17,000.00$17,000.00 $17,000.00 $130.00 $3,120.00
$2,300.00 $2,300.00
$58.00 $232.00
$47,000.00 $47,000.00$14,000.00 $14,000.00$14,000.00 $14,000.00 Gentry General Engineering, Inc.

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City of Norco
Bid Results for Project First Street Storm Drain Project (4214.33)Issued on 02/05/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 15 Remove and Replace Existing AC/AB per City of Norco Std 155, at LF 913 16 Re-Striping Centerline after Pavement Repair per Caltrans Std A20A, Detail 1, at LF 70 17 Remove 5 Feet of Existing Parkway Drain and Reconnect into back of Proposed Catch Basin, at EA 1 18 Remove and Replace Existing Horse Trail Fence per City of Norco Std Dwg 706, at LF 32 19 Relocate sewer lateral per SSPWC Std. 223-3 if in conflict. Contractor to verify, at EA 3 Unit Price Line Total
Gentry General Engineering, Inc.
$290.00 $264,770.00
$25.00 $1,750.00
$1,800.00 $1,800.00
$270.00 $8,640.00
$25,000.00 $75,000.00
$1,596,832.00$1,596,832.00

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Kirtley Construction, Inc. dba TK Construction
909-473-8739

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32147 DUNLAP BLVD., SUITE K - YUCAIPA, CA 92399
909-446-1020
LIC# 1025982 DIR 1000048770
Date: 3/7/2024
City of Norco
Sam Nelson, Deputy City Engineer &
Deputy Director of Public Works
2870 Clark Ave.

Norco, CA 92860
951-735-3900
Re: Withdrawal of Bid for First Street Storm Drain
Mr. Sam Nelson,
Pacific West Underground Inc is requesting to withdraw our bid from the First Street Storm Drain project due to a clerical error.

Respectfully,
David Durenberger
President
707-776-7659

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CITY OF NORCO

FIRST STREET STORM DRAIN PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 20th day of March, 2024 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 Kirtly Construction, Inc. dba TK Construction, a corporation with its principal place of business at PO Box 9608, San Bernardino, CA 92427 (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 First Street Storm Drain Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing storm drain improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the First Street Storm Drain Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project.

The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 60 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this

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Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

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

3.2.5 Contractor’s Representative. Contractor hereby designates Troy Kirtley – 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

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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 $1000.00 per working day:

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

3.2.9 Insurance.

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

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations,

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and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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

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

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any 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 completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured.

All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

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

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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

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all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Bonds.

3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.11.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.

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

3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3 Fees and Payments.

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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.

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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:

TK Construction
PO Box 9608
San Bernardino, CA 92427
Attention: Troy Kirtley - President
City:

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

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

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

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

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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.

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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 selfinsurance 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.

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3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Name of Contractor: TK Construction
*By:
________________________________________________
Signature
________________________________________________
Troy Kirtley - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney

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EXHIBIT A
Scope of First Street Storm Drain Project
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project.

The general items of work to be done hereunder consist of approximately 913 linear feet of 18” RCP storm drain pipe along with lateral pipes, manholes, and catch basins. The storm drain will be located within First Street, Valley View Avenue, and will connect to an existing drainage outlet.

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EXHIBIT B
Proposal Document

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

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

FIRST STREET STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

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

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or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2024.

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

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

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

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

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

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

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

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

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

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

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

FIRST STREET STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of approximately 913 linear feet of 18” RCP storm drain pipe along with lateral pipes, manholes, and catch basins. The storm drain will be located within First Street, Valley View Avenue, and will connect to an existing drainage outlet. (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.

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used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 20__.

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact

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

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

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 _______________________________ _______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On ______________________, before me, __________________________________, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Signature (SEAL)
NOTE:

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

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GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

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

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

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

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

7. Coverage is equivalent to:

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

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

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9. Description of Project:

FIRST STREET STORM DRAIN PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of approximately 913 linear feet of 18” RCP storm drain pipe along with lateral pipes, manholes, and catch basins. The storm drain will be located within First Street, Valley View Avenue, and will connect to an existing drainage outlet.

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.

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

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

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

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

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

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

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

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AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

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

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

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

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

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

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded

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

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

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

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

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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

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

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

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

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.F.

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

Amendment of Fiscal Year 2024-2028 Measure R Fund to include additional funding for the Western Avenue Waterline Replacement Project; and accept bids and award contract for the Western Avenue Waterline Replacement Project RECOMMENDATION:

Appropriate additional funding for Fiscal Year (FY) 2024-2028 Measure R CIP budget in the amount of $174,000 for the Western Avenue Waterline Replacement Project; accept bids, award a contract to MCC Equipment Rentals, Inc. for the Western Avenue Waterline Replacement Project in the amount of $1,025,700.61; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

SUMMARY:

Bids for the Western Avenue Waterline Replacement Project were opened on February 29, 2024, with MCC Equipment Rentals, Inc. of Yucaipa, California being the lowest responsible bidder. Therefore, it is recommended that a contract be awarded to MCC Equipment Rentals in the amount of $1,025,700.61 and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount.

BACKGROUND:

Plans and specifications for the Western Avenue Waterline Replacement Project were advertised on February 9, 2024, with a bid opening date of February 29, 2024. A total of eighteen (18) bids were received with proposals ranging in value from $1,025,700.61 to $2,107,644. The bid summary analysis has been attached for Council’s review. The Western Avenue Waterline Replacement Project includes the installation of new 16" waterline within Western Avenue between 5th Street and Bluff Street (See Project Exhibit).

Staff has reviewed all the bids submitted and determined that MCC Equipment Rentals of Yucaipa, California as being the lowest responsible bidder in the amount of

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$1,025,700.61 (See Bid Proposal). Staff has reviewed the references of the lowest bidder and bid documents submitted and determined the bid is responsive to all requirements and the contractor has the experience to complete the required construction activities for the Western Avenue Waterline Replacement Project.

During the review of the lowest bid proposal staff determined that there were minor errors in the bid tabulation between the scanned copy of the bid proposal and the information entered into the bid portal system (Planet Bids). The total contract amount indicated by the scanned bid was less than the bid total entered into the bid portal system ($1,025,695.17 vs. $1,025,700.61). The City reviewed both the scanned bid and bid portal bid and determined that the contractor had made a math error in tabulating the total bid amount for the scanned bid in the amount of $5.44. The bid amount entered into the bid portal system ($1,025,700.61) is the correct amount.

The Western Avenue Waterline Replacement Project has an approved design and construction budget of $1,050,000 (Fund 144 - Project No. 4706.4; Account No. 144.950.43210 & 144.950.43210.30) which is insufficient to fund the low bid amount ($1,025,701), contingency ($103,000), design ($62,000) and inspection ($30,000).

Therefore, staff is recommending approval to amend the FY 2024-2028 CIP Budget to increase the project design budget to $92,000 to cover design and inspection services for the project and $1,131,701 for construction and contingency budget to ensure sufficient funding for the total project cost of $1,223,701.

FISCAL IMPACT:

The Western Avenue Waterline Replacement Project was approved as a Capital Improvement Program project in the Water Fund in Fiscal Year 2024-2028. Funds in the amount of $50,000 for design/inspection services and $1,000,000 for construction costs (Project Number 4706.4; Account Number 144.950.43210 & 144.950.43210.30) are not sufficient to fund the lowest bidder bid amount including the 10% contingency, design and inspection. Staff is requesting the appropriation of additional funding for design and inspection services in the amount of $42,000 and $132,000 to ensure sufficient funding for the total project construction cost of $1,025,700.61 plus a 10% contingency resulting in an overall additional funding request amount of $174,000.

RELATIONSHIP TO STRATEGIC PLAN:

Construction of the Western Avenue Waterline Replacement 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: Daphne Liu, Accounting Manager Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

BID SUMMARY

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PROJECT EXHIBIT

BID PROPOSAL
Contract-MCC EQUIPMENT

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City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty Unit Price Line Total Unit Price Line Total 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 $42,338.77 $42,338.77 $30,000.00 $30,000.00 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 $7,430.29 $7,430.29 $4,500.00 $4,500.00 3 Water Pollution Control Compliance at LS 1 $5,130.29 $5,130.29 $4,500.00 $4,500.004 Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 $16,701.04 $16,701.04 $13,500.00 $13,500.00 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 $266.95 $360,382.50 $295.00 $398,250.00 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 $217.55 $354,171.40 $270.00 $439,560.00 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 $8,707.34 $8,707.34 $10,000.00 $10,000.00 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 $18,599.93 $18,599.93 $11,000.00 $11,000.00 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 $8,849.77 $17,699.54 $3,500.00 $7,000.00 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 $8,019.95 $16,039.90 $8,500.00 $17,000.00 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 $13,699.56 $13,699.56 $9,400.00 $9,400.00 12 Remove existing air release valve and bollard at EA 1 $3,298.38 $3,298.38 $2,500.00 $2,500.0013 Remove and backfill existing blow-off valve at EA 1 $2,295.26 $2,295.26 $2,500.00 $2,500.0014 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 $11,167.96 $11,167.96 $8,368.00 $8,368.00 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 1 $4,754.40 $4,754.40 $2,200.00 $2,200.0016 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 $3,269.50 $9,808.50 $2,000.00 $6,000.00 MCC Equipment Rentals, Inc. El-Co Contractors, Inc.

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City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty Unit Price Line Total Unit Price Line Total MCC Equipment Rentals, Inc. El-Co Contractors, Inc.
17 Construct Thrust Block per C.O.N Std. plan 445 EA 6 $1,078.38 $6,470.28 $500.00 $3,000.0018 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 $5,022.46 $15,067.38 $1,310.00 $3,930.00 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 $12,149.16 $36,447.48 $6,034.00 $18,102.00 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 $11,592.03 $11,592.03 $4,107.00 $4,107.00 21 Construct 12" DI Spool (Field Measure Special) at EA 1 $5,168.76 $5,168.76 $2,500.00 $2,500.0022 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 2956 $8.58 $25,362.48 $9.00 $26,604.0023 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 $7,640.14 $7,640.14 $4,500.00 $4,500.00 24 Remove Existing 16" Butterfly Valve at EA 1 $6,766.14 $6,766.14 $2,500.00 $2,500.0025 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 1 $5,085.88 $5,085.88 $2,026.00 $2,026.0026 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 $3,632.16 $3,632.16 $10,000.00 $10,000.00 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 1 $6,217.82 $6,217.82 $10,000.00 $10,000.0028 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 $4,025.00 $4,025.00 $4,800.00 $4,800.00 Subtotal $1,025,700.61 $1,058,347.00Total $1,025,700.61 $1,058,347.00

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City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$33,000.00 $33,000.00 $31,000.00 $31,000.00
$700.00 $700.00 $14,503.00 $14,503.00$500.00 $500.00 $5,428.00 $5,428.00 $27,000.00 $27,000.00 $50,500.00 $50,500.00
$337.00 $454,950.00 $316.00 $426,600.00$256.00 $416,768.00 $265.00 $431,420.00 $12,800.00 $12,800.00 $21,846.00 $21,846.00$30,000.00 $30,000.00 $15,056.00 $15,056.00$20,000.00 $40,000.00 $9,759.00 $19,518.00 $7,600.00 $15,200.00 $11,164.00 $22,328.00
$10,400.00 $10,400.00 $12,792.00 $12,792.00
$2,000.00 $2,000.00 $1,357.00 $1,357.00$2,000.00 $2,000.00 $1,357.00 $1,357.00$9,200.00 $9,200.00 $13,195.00 $13,195.00$2,300.00 $2,300.00 $3,307.00 $3,307.00$7,800.00 $23,400.00 $3,500.00 $10,500.00 Kirtley Construction, Inc.
dba TK Construction Big Ben, Inc.

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City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
Kirtley Construction, Inc.
dba TK Construction Big Ben, Inc.
$1,000.00 $6,000.00 $1,357.00 $8,142.00$2,200.00 $6,600.00 $2,678.00 $8,034.00$7,100.00 $21,300.00 $9,679.00 $29,037.00$4,300.00 $4,300.00 $5,650.00 $5,650.00$2,800.00 $2,800.00 $3,747.00 $3,747.00 $16.30 $48,182.80 $11.00 $32,516.00
$3,500.00 $3,500.00 $7,508.00 $7,508.00$1,000.00 $1,000.00 $2,714.00 $2,714.00$3,900.00 $3,900.00 $3,336.00 $3,336.00$7,400.00 $7,400.00 $8,512.00 $8,512.00 $17,600.00 $17,600.00 $8,512.00 $8,512.00
$3,100.00 $3,100.00 $4,256.00 $4,256.00
$1,205,900.80 $1,202,671.00$1,205,900.80 $1,202,671.00

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City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$6,037.00 $6,037.00 $36,000.00 $36,000.00
$500.00 $500.00 $11,375.00 $11,375.00$500.00 $500.00 $5,500.00 $5,500.00 $5,500.00 $5,500.00 $15,000.00 $15,000.00
$350.00 $472,500.00 $363.00 $490,050.00$300.00 $488,400.00 $270.00 $439,560.00 $42,000.00 $42,000.00 $15,500.00 $15,500.00$22,000.00 $22,000.00 $14,500.00 $14,500.00 $7,500.00 $15,000.00 $7,500.00 $15,000.00
$12,000.00 $24,000.00 $10,150.00 $20,300.00$11,000.00 $11,000.00 $13,000.00 $13,000.00 $1,500.00 $1,500.00 $5,500.00 $5,500.00$3,400.00 $3,400.00 $2,750.00 $2,750.00 $10,000.00 $10,000.00 $12,500.00 $12,500.00
$2,500.00 $2,500.00 $5,000.00 $5,000.00$3,100.00 $9,300.00 $5,000.00 $15,000.00 Stephen Doreck Equipment
Borden Excavating, Inc. Rentals, Inc.

Page 117 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
Stephen Doreck Equipment
Borden Excavating, Inc. Rentals, Inc.
$1,500.00 $9,000.00 $950.00 $5,700.00$2,000.00 $6,000.00 $3,500.00 $10,500.00$8,500.00 $25,500.00 $7,500.00 $22,500.00$8,800.00 $8,800.00 $5,000.00 $5,000.00$2,000.00 $2,000.00 $2,500.00 $2,500.00 $13.00 $38,428.00 $10.00 $29,560.00
$850.00 $850.00 $5,000.00 $5,000.00
$1,000.00 $1,000.00 $850.00 $850.00$2,500.00 $2,500.00 $3,500.00 $3,500.00$4,000.00 $4,000.00 $8,650.00 $8,650.00$6,000.00 $6,000.00 $10,000.00 $10,000.00$4,500.00 $4,500.00 $7,500.00 $7,500.00 $1,222,715.00 $1,227,795.00$1,222,715.00 $1,227,795.00

Page 118 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$25,000.00 $25,000.00 $35,000.00 $35,000.00$31,650.00 $31,650.00 $32,000.00 $32,000.00 $4,500.00 $4,500.00 $5,032.00 $5,032.00
$21,665.00 $21,665.00 $13,000.00 $13,000.00
$300.00 $405,000.00 $426.00 $575,100.00$350.00 $569,800.00 $275.00 $447,700.00 $13,665.00 $13,665.00 $14,000.00 $14,000.00$17,500.00 $17,500.00 $20,000.00 $20,000.00$22,488.00 $44,976.00 $20,000.00 $40,000.00 $9,369.00 $18,738.00 $11,000.00 $22,000.00$7,800.00 $7,800.00 $14,000.00 $14,000.00$4,500.00 $4,500.00 $1,200.00 $1,200.00$5,000.00 $5,000.00 $1,200.00 $1,200.00$7,900.00 $7,900.00 $7,000.00 $7,000.00$2,500.00 $2,500.00 $3,000.00 $3,000.00$3,000.00 $9,000.00 $2,600.00 $7,800.00 Pacific West Underground, Inc. Weka, Inc.

Page 119 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
Pacific West Underground, Inc. Weka, Inc.
$1,250.00 $7,500.00 $800.00 $4,800.00$5,600.00 $16,800.00 $1,800.00 $5,400.00$8,250.00 $24,750.00 $8,500.00 $25,500.00$6,500.00 $6,500.00 $5,000.00 $5,000.00$2,100.00 $2,100.00 $2,600.00 $2,600.00 $13.50 $39,906.00 $8.00 $23,648.00
$5,500.00 $5,500.00 $10,000.00 $10,000.00$3,500.00 $3,500.00 $1,200.00 $1,200.00$2,200.00 $2,200.00 $2,200.00 $2,200.00$6,500.00 $6,500.00 $5,956.00 $5,956.00$5,500.00 $5,500.00 $8,934.00 $8,934.00$3,000.00 $3,000.00 $3,200.00 $3,200.00 $1,312,950.00 $1,336,470.00$1,312,950.00 $1,336,470.00

Page 120 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$30,000.00 $30,000.00 $43,000.00 $43,000.00
$7,500.00 $7,500.00 $40,000.00 $40,000.00$7,500.00 $7,500.00 $25,000.00 $25,000.00$4,500.00 $4,500.00 $50,000.00 $50,000.00 $375.00 $506,250.00 $300.00 $405,000.00$375.00 $610,500.00 $300.00 $488,400.00 $7,500.00 $7,500.00 $20,000.00 $20,000.00$7,400.00 $7,400.00 $26,100.00 $26,100.00$6,250.00 $12,500.00 $26,415.00 $52,830.00 $10,975.00 $21,950.00 $15,041.00 $30,082.00
$8,450.00 $8,450.00 $7,000.00 $7,000.00$3,500.00 $3,500.00 $2,000.00 $2,000.00$3,250.00 $3,250.00 $2,200.00 $2,200.00$9,500.00 $9,500.00 $7,500.00 $7,500.00$4,895.00 $4,895.00 $2,500.00 $2,500.00$3,950.00 $11,850.00 $1,700.00 $5,100.00 American Pipeline Services All Cities Engineering, Inc.

Page 121 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
American Pipeline Services All Cities Engineering, Inc. $2,350.00 $14,100.00 $900.00 $5,400.00$5,382.00 $16,146.00 $1,600.00 $4,800.00$8,274.00 $24,822.00 $7,000.00 $21,000.00$5,726.00 $5,726.00 $4,000.00 $4,000.00$1,875.00 $1,875.00 $1,500.00 $1,500.00 $14.00 $41,384.00 $50.00 $147,800.00
$1,800.00 $1,800.00 $5,000.00 $5,000.00$1,200.00 $1,200.00 $2,500.00 $2,500.00$1,675.00 $1,675.00 $3,000.00 $3,000.00$7,500.00 $7,500.00 $15,000.00 $15,000.00 $12,500.00 $12,500.00 $40,000.00 $40,000.00
$3,950.00 $3,950.00 $20,000.00 $20,000.00
$1,389,723.00 $1,476,712.00$1,389,723.00 $1,476,712.00

Page 122 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$45,000.00 $45,000.00 $30,000.00 $30,000.00$20,000.00 $20,000.00 $20,000.00 $20,000.00$10,000.00 $10,000.00 $10,000.00 $10,000.00$92,000.00 $92,000.00 $20,000.00 $20,000.00 $395.00 $533,250.00 $390.00 $526,500.00$250.00 $407,000.00 $350.00 $569,800.00 $25,000.00 $25,000.00 $10,000.00 $10,000.00$30,000.00 $30,000.00 $20,000.00 $20,000.00$20,000.00 $40,000.00 $20,000.00 $40,000.00$20,000.00 $40,000.00 $15,000.00 $30,000.00$25,000.00 $25,000.00 $20,000.00 $20,000.00$10,000.00 $10,000.00 $2,000.00 $2,000.00$10,000.00 $10,000.00 $3,000.00 $3,000.00$28,000.00 $28,000.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00$2,500.00 $7,500.00 $5,000.00 $15,000.00 Mike Bubalo Construction Co.,
Inc.

Dominguez General Engineering,
Inc.

Page 123 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
Mike Bubalo Construction Co.,
Inc.

Dominguez General Engineering,
Inc.
$1,000.00 $6,000.00 $3,000.00 $18,000.00$4,500.00 $13,500.00 $5,000.00 $15,000.00$8,000.00 $24,000.00 $10,000.00 $30,000.00$5,000.00 $5,000.00 $6,000.00 $6,000.00$2,500.00 $2,500.00 $5,000.00 $5,000.00 $20.00 $59,120.00 $15.00 $44,340.00
$25,000.00 $25,000.00 $10,000.00 $10,000.00
$4,000.00 $4,000.00 $3,000.00 $3,000.00$3,000.00 $3,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00$20,000.00 $20,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00
$1,512,370.00 $1,512,640.00$1,512,370.00 $1,512,640.00

Page 124 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$45,100.00 $45,100.00 $46,000.00 $46,000.00$23,100.00 $23,100.00 $155,000.00 $155,000.00$19,800.00 $19,800.00 $22,000.00 $22,000.00$34,804.00 $34,804.00 $106,000.00 $106,000.00 $462.00 $623,700.00 $295.00 $398,250.00$330.00 $537,240.00 $315.00 $512,820.00 $55,000.00 $55,000.00 $45,000.00 $45,000.00$24,420.00 $24,420.00 $1,950.00 $1,950.00 $5,528.00 $11,056.00 $1,980.00 $3,960.00
$11,000.00 $22,000.00 $13,700.00 $27,400.00$13,750.00 $13,750.00 $14,600.00 $14,600.00 $1,430.00 $1,430.00 $2,100.00 $2,100.00$1,430.00 $1,430.00 $2,100.00 $2,100.00 $11,770.00 $11,770.00 $12,000.00 $12,000.00
$2,860.00 $2,860.00 $1,600.00 $1,600.00$2,878.00 $8,634.00 $1,700.00 $5,100.00 Hemet Manufacturing Company,
Inc. dba Genesis Construction
Teichert Energy & Utilities Group,
Inc.

Page 125 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
Hemet Manufacturing Company,
Inc. dba Genesis Construction
Teichert Energy & Utilities Group,
Inc.
$1,375.00 $8,250.00 $1,900.00 $11,400.00$1,577.00 $4,731.00 $2,900.00 $8,700.00$6,343.00 $19,029.00 $10,500.00 $31,500.00$4,290.00 $4,290.00 $8,900.00 $8,900.00$3,630.00 $3,630.00 $2,300.00 $2,300.00 $10.00 $29,560.00 $10.00 $29,560.00
$1,430.00 $1,430.00 $2,600.00 $2,600.00$1,430.00 $1,430.00 $3,800.00 $3,800.00$4,180.00 $4,180.00 $1,900.00 $1,900.00$6,270.00 $6,270.00 $65,000.00 $65,000.00$2,200.00 $2,200.00 $70,000.00 $70,000.00$3,538.00 $3,538.00 $5,000.00 $5,000.00 $1,524,632.00 $1,596,540.00$1,524,632.00 $1,596,540.00

Page 126 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$45,000.00 $45,000.00 $55,000.00 $55,000.00$40,000.00 $40,000.00 $35,000.00 $35,000.00$10,000.00 $10,000.00 $25,000.00 $25,000.00$25,000.00 $25,000.00 $110,000.00 $110,000.00 $490.00 $661,500.00 $500.00 $675,000.00$475.00 $773,300.00 $400.00 $651,200.00 $15,000.00 $15,000.00 $8,000.00 $8,000.00
$9,500.00 $9,500.00 $37,500.00 $37,500.00$9,250.00 $18,500.00 $32,000.00 $64,000.00 $14,500.00 $29,000.00 $16,500.00 $33,000.00$12,500.00 $12,500.00 $20,000.00 $20,000.00 $2,000.00 $2,000.00 $15,000.00 $15,000.00$2,500.00 $2,500.00 $5,000.00 $5,000.00 $12,500.00 $12,500.00 $16,000.00 $16,000.00
$3,500.00 $3,500.00 $4,000.00 $4,000.00$3,250.00 $9,750.00 $3,650.00 $10,950.00 CEM Construction Corp. GCI Construction, Inc.

Page 127 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
CEM Construction Corp. GCI Construction, Inc.
$2,000.00 $12,000.00 $750.00 $4,500.00$6,500.00 $19,500.00 $1,800.00 $5,400.00 $15,500.00 $46,500.00 $11,000.00 $33,000.00
$8,500.00 $8,500.00 $6,000.00 $6,000.00$3,750.00 $3,750.00 $6,000.00 $6,000.00 $14.75 $43,601.00 $11.00 $32,516.00
$15,000.00 $15,000.00 $10,000.00 $10,000.00
$5,000.00 $5,000.00 $1,800.00 $1,800.00$1,500.00 $1,500.00 $3,200.00 $3,200.00$7,500.00 $7,500.00 $8,400.00 $8,400.00 $28,500.00 $28,500.00 $21,000.00 $21,000.00
$4,500.00 $4,500.00 $5,000.00 $5,000.00
$1,865,401.00 $1,901,466.00$1,865,401.00 $1,901,466.00

Page 128 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 1 Mobilization for Project in accordance with Specifications at 3% max of total base bid LS 1 2 Traffic Control Plans & Const. Devices (Includes Engineered Traffic Control Plan) at LS 1 3 Water Pollution Control Compliance at LS 14
Clearing, grubbing, removals, relocations, and abandonments, No separate payment will be made for grading, disposal of excess materials and all other appurtenant items for which separate payment is not specifically provided in the bid., at LS 1 5 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) & surface repair per C.O.N. STD DWG NO. 401 LF 1350 6 Install 16" DIP Class 350 Waterline per plans (including trench street cut, excavation, bedding & backfill) (modified with native backfill in street structural section) C.O.N. STD DWG NO. 401 at LF 1628 7 Pothole all utility crossings and field locate exist. Facilities per Specifications section BI-9 at LS 1 8 Construct 16"x16"x12" DI cut-in-tee w. (M.J. x M.J. x M.J.) mortar lined per C.O.N. spec. section 4.02 at EA 1 9 Construct 16"x16"x12" DI tee (M.J.xM.J.xM.J.) mortar lined per C.O.N. spec. section 4.02 at EA 2 10 Construct 2" Combination Air Release Valve assembly and install bollards per C.O.N. Std. 442 at EA 2 11 Install New 4" sand blowoff per C.O.N. Std. 441 at EA 1 12 Remove existing air release valve and bollard at EA 113 Remove and backfill existing blow-off valve at EA 114 Install new 2" water service lateral per C.O.N. Std. plan 412 per detail on sheet 2, (including trench street cut, excavation, bedding & backfill) and surface repair per C.O.N. Std. 401 at EA 1 15 Install 90 degree D.I. Fitting (size per plan) Class 350 at EA 116 Install 45 degree D.I. Fitting (size per plan) Class 350 at EA 3 Unit Price Line Total Unit Price Line Total
$59,000.00 $59,000.00 $59,400.00 $59,400.00$62,000.00 $62,000.00 $41,250.00 $41,250.00$19,000.00 $19,000.00 $16,500.00 $16,500.00$56,000.00 $56,000.00 $115,500.00 $115,500.00 $405.00 $546,750.00 $429.00 $579,150.00$505.00 $822,140.00 $462.00 $752,136.00 $19,000.00 $19,000.00 $49,500.00 $49,500.00$14,000.00 $14,000.00 $33,000.00 $33,000.00$15,000.00 $30,000.00 $33,000.00 $66,000.00$22,250.00 $44,500.00 $26,400.00 $52,800.00$11,250.00 $11,250.00 $16,500.00 $16,500.00 $4,000.00 $4,000.00 $9,900.00 $9,900.00$4,000.00 $4,000.00 $8,250.00 $8,250.00 $10,500.00 $10,500.00 $16,500.00 $16,500.00
$7,250.00 $7,250.00 $3,630.00 $3,630.00$6,750.00 $20,250.00 $3,300.00 $9,900.00 Creative Home dba
KEC Engineering CHI Construction

Page 129 of 226 ends

City of Norco
Bid Results for Project Western Avenue Waterline Replacement Project (4706.4)Issued on 02/06/2024Bid Due on February 29, 2024 12:00 PM (PST)Exported on 02/29/2024Line Totals (Unit Price * Quantity)Item Description Unit Qty 17 Construct Thrust Block per C.O.N Std. plan 445 EA 618 Construct Flanged Coupling Adapter per C.O.N. Std. spec section 4-02 at EA 3 19 Install 16" Butterfly valve w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 3 20 Install 12" gate valve (size per plan) w/ standard valve box assembly per C.O.N. Std. plan 470 at EA 1 21 Construct 12" DI Spool (Field Measure Special) at EA 122 Abandon in Place Existing 16" Waterline per C.O.N. Std. spec. section 5-09 LF 295623 Remove interfering portions of Existing 16" Abandoned Waterline and Existing 16" Active Waterline to Facilitate new construction at EA 1 24 Remove Existing 16" Butterfly Valve at EA 125 Install 5-5/8 degree D.I. fitting (16") class 350 at EA 126 Conduct all pipeline hydrostatic testing incl. all appurtenances, testing plates, blow offs, ports, etc. Per Std. specs at LS 1 27 Conduct all pipeline chlorination testing and flushing per Std. specs at LS 128 Install 8' tall (STOP) word marking per Caltrans STD Plan A24D, with stop bar and limit line per Caltrans STD Plan A24G. Install yellow center line per Caltrans STD Plan A20A, detail 2 and double yellow line near 5th St per Caltrans STD Plan A20A, detail 22 at LS 1 Unit Price Line Total Unit Price Line Total
Creative Home dba
KEC Engineering CHI Construction
$2,250.00 $13,500.00 $1,155.00 $6,930.00$6,500.00 $19,500.00 $2,640.00 $7,920.00 $12,750.00 $38,250.00 $19,800.00 $59,400.00
$9,000.00 $9,000.00 $16,500.00 $16,500.00$2,750.00 $2,750.00 $8,250.00 $8,250.00 $21.00 $62,076.00 $33.00 $97,548.00
$32,500.00 $32,500.00 $16,500.00 $16,500.00
$5,250.00 $5,250.00 $1,980.00 $1,980.00$6,250.00 $6,250.00 $4,950.00 $4,950.00 $25,250.00 $25,250.00 $8,250.00 $8,250.00$29,000.00 $29,000.00 $26,400.00 $26,400.00 $4,000.00 $4,000.00 $23,100.00 $23,100.00
$1,976,966.00 $2,107,644.00$1,976,966.00 $2,107,644.00

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CA-1

CITY OF NORCO

WESTERN AVENUE WATERLINE REPLACEMENT PROJECT

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 20th day of March, 2024 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 MCC Equipment Rentals, Inc., a corporation with its principal place of business at PO Box 1730, Yucaipa, CA 92399 (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 Western Avenue Waterline Replacement Project on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in constructing waterline improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Project.

The City desires to engage the Contractor to render such services for the Western Avenue Waterline Replacement Project (“Project”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.2 Responsibilities of Contractor.

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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.

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

3.2.5 Contractor’s Representative. Contractor hereby designates Kenneth Munoz – 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.

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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.

3.2.9 Insurance.

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$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which
shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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

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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.

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(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.

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

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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.

3.3 Fees and Payments.

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

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

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.4 Accounting Records.

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

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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.

Contractor:

MCC Equipment Rentals, Inc.

PO Box 1730
Yucaipa, CA 92399
Attention: Kenneth Munoz - President
City:

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,

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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.

This section shall survive termination or expiration of this Agreement.

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.

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

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

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.6 Subcontracting.

Name of Contractor: MCC Equipment Rentals, Inc.
*By:
________________________________________________
Signature
________________________________________________
Kenneth Munoz - President
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Harper & Burns, LLP, City Attorney

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EXHIBIT A
Scope of Western Avenue Waterline Replacement Project
Project includes furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 2978 linear feet of new 16” Ductile Iron (DI) waterline within WESTERN AVENUE between Bluff St. extension and 5Th St. This proposed waterline will replace the existing 16” water main within this reach on WESTERN AVENUE.

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EXHIBIT B
Proposal Document

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

WESTERN AVENUE WATERLINE REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

Project includes furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of installing approximately 2978 linear feet of new 16” Ductile Iron (DI) waterline within WESTERN AVENUE between Bluff St. extension and 5Th St. This proposed waterline will replace the existing 16” water main within this reach on WESTERN AVENUE.

Construction of waterline shall include the water main, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances. Street trenching including removal of asphalt pavement, sawcutting of all trench lines, trench restoration bedding, backfill, compaction, and abandonment of existing water mains and all appurtenant related work to the satisfaction and acceptance of the City Engineer. Project shall also include disinfection, chlorination, testing, and abandonment of existing lines per contract documents. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and
WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

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Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2024.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:

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_________________________________
By: ______________________________
Attorney-in-Fact
The rate of premium on this bond is _________________________ per thousand.

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

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STATE OF CALIFORNIA )
) ss.

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

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

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

WESTERN AVENUE WATERLINE REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

Construction of waterline shall include the water main, service connections, mainline interconnects, bends, valves, blow-offs, air-vacs and any other necessary appurtenances. Street trenching including removal of asphalt pavement, sawcutting of all trench lines, trench restoration bedding, backfill, compaction, and abandonment of existing water mains and all appurtenant related work to the satisfaction and acceptance of the City Engineer. Project shall also include disinfection, chlorination, testing, and abandonment of existing lines per contract documents. (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

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($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 20__.

PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________

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SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.

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

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

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Signature (SEAL)
NOTE:

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

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GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

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

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

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

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

7. Coverage is equivalent to:

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9. Description of Project:

WESTERN AVENUE WATERLINE REPLACEMENT PROJECT
The general items of work to be done hereunder consist of:

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contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

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

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_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

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

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

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

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded

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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.

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

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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

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

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

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

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.G.

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

Cancelation of City Council Regular Meeting of July 3, 2024.

RECOMMENDATION:

Cancel July 3, 2024 City Council Regular Meeting.

SUMMARY:

It is being proposed to the City Council that the July 3, 2024 regular meeting be cancelled due to the Independence Day holiday celebration taking place the same week.

BACKGROUND:

The City Council is being recommended to cancel its regular meeting scheduled for Wednesday, July 3, 2024. The City Council has cancelled its meetings near the Independence Day holiday in past years to accommodate vacations.

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

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction No. 4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

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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

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.H.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Sophia Thompson, Deputy City Clerk
Department: Planning
SUBJECT:

Recap of Actions Taken by the Planning Commission at its Meeting Held on March 13, 2024
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on March 13, 2024.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Planning Commission - Mar 13 2024 - DRAFT Minutes

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DRAFT - MINUTES
Planning Commission
Wednesday, March 13, 2024
Conference Room A and B - Norco City
Hall – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Jeff Shyu, Chair
Fia Sullivan, Vice Chair
Danny Azevedo, Member
Patricia Hedges, Member
Tara Young, Member
Henry Langlois, Youth Commissioner
PLEDGE OF ALLEGIANCE Vice Chair Sullivan
Community Development Director Robles read the Appeal Notice into the record.

APPEAL NOTICE: In the event that you disagree with the action taken by the Planning Commission in regards to your application, or with any condition for approval of the application which is not a specific requirement of the Norco Municipal Code, you are entitled to appeal such determination or conditions to the Norco City Council, provided that such appeal is filed with the Norco City Clerk within ten calendar days after the requirements for appeals, inclusive of payment of an appeal fee.

1. PUBLIC COMMENTS
There were no public comments at this time.

2. CONSENT CALENDAR
Approval of Consent Calendar as presented.

M/S HEDGES/SULLIVAN Approve Consent Calendar as presented. The Motion was carried by the following roll call vote:

AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
YOUTH COMMISSIONER LANGLOIS: AYE

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Planning Commission Minutes - March 13, 2024

2.A. Approval of Planning Commission Regular Meeting Minutes Action: Approved the Planning Commission Meeting Minutes of February 14, 2024.

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

4. DISCUSSION / ACTION ITEM(S)

4.A. 2023 Housing Element Annual Progress Report (APR) for submittal to the California Department of Housing and Community Development (HCD) and to the Governor’s Office of Planning and Research (OPR).

Senior Planner Acuna presented report on 2023 Housing Element Annual Progress Report (APR).

Chair Shyu had questions and concerns.

Senior Planner Acuna answered questions and addressed concerns.

Chair Shyu opened Public Comment.

There were no public comments.

Chair Shyu closed Public Comment.

Without formal motion, the report was received and filed.

5. PUBLIC HEARING(S)

5.A. Variance 2023-06 (Mutka): A request for a Variance from the side and rear yard setback requirement of the Norco Municipal Code, Section 18.13.16(B)1 and Section 18.13.16(C) to allow a 933 square-foot addition and remodeling of an existing home located at 951 Fifth Street within the A-1 (Agricultural LowDensity) Zone. APN (131-350-015).

Associate Planner Woods-Diaz presented report on Variance 2023-06.

Member Azevedo had questions and concerns.

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Planning Commission Minutes - March 13, 2024
Associate Planner Woods-Diaz and Community Development Director Robles answered questions and addressed concerns.

Chair Shyu and Vice Chair Sullivan had questions and concerns.

Associate Planner Woods-Diaz answered questions and concerns.

Member Azevedo had questions.

Associate Planner Woods-Diaz answered questions.

Chair Shyu offered the Applicant time to speak.

Applicant Mutka spoke regarding the plans submitted and addressed some of the questions and concerns discussed by Commission Members.

Chair Shyu opened Public Comment.

Bill Naylor spoke in agreement with the Planning Commission in regards to some of the concerns and is opposed to approving the variance. He would rather see the existing structure be torn down and something else be done to the property.

He is concerned with state requirements in relation to the small size of the lot.

Chair Shyu closed Public Comment.

Chair Shyu spoke regarding his concerns and requested that more information be presented to make a better decision on the variance.

Member Hedges spoke regarding her concerns and agreed with Chair Shyu to have more information brought back to the Commission for further discussion.

Member Young spoke regarding her concerns and commented on being ok with delaying decision making until more information is presented.

Vice Chair Sillivan also spoke regarding wanting more information on the property and existing structure.

Member Azevedo agreed with having more information brought back before making a decision.

Youth Commissioner Langlois agreed with the concerns of the rest of the Commission Members and requested more information be brought to the Commission.

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Planning Commission Minutes - March 13, 2024
Following discussion, motion was made.

M/S HEDGES/SHYU Approve to have Variance 2023-06 with Conditions of Approval in Resolution 2024-05 brought back to Planning Commission on April 10, 2024 with additional information on the existing structure for further discussion. The Motion was carried by the following roll call vote:

AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
YOUTH COMMISSIONER LANGLOIS: AYE

5.B. Zone Code Amendment 2024-02 (City of Norco): A City initiated amendment to Title 18, Chapter 18.13 (A-1 Zone Agricultural Low Density), and Title 18, Chapter 18.30 (General Provisions – Miscellaneous) adding Farmworker Housing as a permitted use and establishing Farmworker Housing development standards as required in the City’s certified Housing Element.

Community Development Director Robles presented report on Zone Code Amendment 2024-02.

Member Hedges and Member Azevedo had questions and concerns.

Community Development Director Robles and Deputy Attorney Halfman answered questions and addressed concerns.

Chair Shyu had questions and concerns.

Community Development Director Robles and Deputy Attorney Halfman answered questions and addressed concerns.

Chair Shyu opened Public Comment.

Bill Naylor spoke in agreement with Planning Commissions concerns and the requirements for a property to be qualified to apply for the program.

Chair Shyu closed Public Comment.

Chair Chyu, Vice Chair Sullivan and Member Azevedo had questions and concerns.

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Planning Commission Minutes - March 13, 2024
Community Development Director Robles answered questions and addressed concerns.

Following discussion, motion was made.

M/S YOUNG/HEDGES Adopt Resolution 2024-03, recommending approval of Zone Code Amendment 2024-02 to the City Council. The Motion was carried by the following roll call vote:

AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
YOUTH COMMISSIONER LANGLOIS: AYE

6. COMMISSION / STAFF COMMUNICATIONS
Vice Chair Sullivan and Member Young gave a report on their recent attendance at the Planning Commission Conference.

Associate Planner Woods-Diaz spoke regarding the Planning Commission Conference and that she enjoyed the information that was presented to them.

Chair Shyu requested that information about fencing in relation to the PAKA be added to the future discussion on Animal Keeping Areas.

Community Development Robles agreed to have the information added to the report.

Chair Shyu requested that staff add information to the staff reports that state if a property is involved in any Code Enforcement violations.

Deputy Attorney Halfman spoke on the extent of what information can be disclosed regarding Code Enforcement violations.

Community Development Robles agreed to have the information added to staff reports.

7. ADJOURNMENT
Chair Shyu adjourned the meeting at 8:01PM.

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Planning Commission Minutes - March 13, 2024

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

3.I.

To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:

Consideration of a resolution of the City Council of the City of Norco declaring Assessor Parcel Number (“APN”) 129-180-005 as exempt surplus land under the Surplus Land Act
RECOMMENDATION:

Adopt City Council Resolution No. 2024-10.

SUMMARY:

This action will declare one (1) parcel owned by the City as exempt surplus land pursuant to the state's Surplus Land Act. Adoption of the resolution is the first step in the eventual sale/conveyance of this surplus parcel.

BACKGROUND:

A number of months ago, it was brought to staff's attention by members of the City Council that a number of parcels had been acquired over the years for potential use by the Housing Successor Agency and/or the City during the days of redevelopment, but with redevelopment dissolution in 2012, these properties have not be utilized. The services of Kosmont & Associates were retained to assist the City in reviewing these properties and determining the route to compliance with the Surplus Lands Act and disposal of these parcels. At the Council meeting of March 6, 2024, Resolutions were adopted to initiate the surplus process for four parcels. This action is to initiate the same process for one additional parcel.

The City of Norco (“City”) currently owns a parcel located at the southeast corner of Second Street and Parkridge Avenue (APN 129-180-005) consisting of approximately .41 acres. The parcel is currently titled in the name of the Norco Community Service District, which was absorbed by the City of Norco a number of years ago. This parcel is undeveloped.

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On October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486. AB 1486, which amended the Surplus Land Act (“SLA”), effective January 1, 2020, changed the existing, long-standing definition of “surplus land”, and now providing that land no longer necessary for a local agency’s use shall be declared either “surplus land” or “exempt surplus land” before taking any action to sell or lease the land. To that end, AB 1486 also added a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development,” or “property disposed of for the sole purpose of investment or generation or revenue.” AB 1486 further prohibits the City from negotiation of any disposition of the City Properties and Housing Successor Agency Property prior to compliance with the procedural requirements of the SLA. AB 480 and SB 747, which became effective on January 1, 2024, further clarified the definition of exempt surplus land. Section 54221(f)(1)(B) states that exempt surplus land shall include property that “is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes.” Since the City property is less one-half acre in area, it is staff's belief that it qualifies for this statutory exemption under the SLA.

As indicated above, the SLA, Government Code sections 54220 et seq., require that a public agency first declare land "surplus land" or "exempt surplus land" before it can negotiate any disposition of the land, either for sale or for lease. By adoption of the proposed Resolution, the City is providing the required notice, in accordance with the SLA, of its intent to declare certain property owned by the City as “exempt” surplus property.

It has been determined that there is no further governmental use for the City Property, and it is recommended that the City Council declare it as “exempt surplus land” and authorize the surplus property disposition process in accordance with the SLA. Once a local agency that determines that a property is exempt from the SLA, the agency shall provide a copy of the Resolution declaring the property as exempt surplus land to the California Housing and Community Development Department (“HCD”) for review and approval. Subsequent to HCD’s
approval, the City can proceed with the sale and disposition of the properties identified herein.

FISCAL IMPACT:

Direct costs for facilitating the sale of the City Properties and Housing Successor Agency Property involve an appraisal and traditional real estate broker services, which will be offset by any proceeds received from the sale of the Properties. When sales occur, net proceeds from those transactions will either return to the General Fund, or potentially to other funds, depending upon what funds were used for their original acquisitions. At this time, research is underway to determine which funds will be appropriate.

RELATIONSHIP TO STRATEGIC PLAN:

This action supports Strategic Direction 5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

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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):

Norco_City draft Resolution_SLA (129-180-005)_2024-10

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RESOLUTION NO. 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO DECLARING ASSESSOR’S PARCEL NUMBER 129-180-005 IN THE CITY OF NORCO (PARKRIDGE AVE AND SECOND ST) EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220 ET SEQ.) WHEREAS, the City of Norco (“CITY”) is the owner in fee simple of certain real property located at Parkridge Ave and Second St (APN 129-180-005) consisting of approximately .41 acres (the “Property”);
WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill (“AB”) 1486. AB 1486 significantly amended the Surplus Land Act effective January 1, 2020.

These amendments included, among others, changing the previous, long-standing definitions of “surplus land” and “exempt surplus land”; providing that properties shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to dispose of it; and adding a new limitation providing that an “agency’s use” “shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development” or “properties disposed of for the sole purpose of investment or generation or revenue”; WHEREAS, on October 11, 2023, the Governor signed Assembly Bill 480 (“AB 480”) and Senate Bill 747 (“SB 747”) into law, which further clarify provisions of the Surplus Land Act. AB 480 and SB 747 became effective on January 1, 2024, and generally provide some increased flexibility as it pertains to the lease of public agency land, expands the definition of exempt surplus land, and clarifies the assessment of penalties for non-compliance;
WHEREAS, AB 480 and SB 747, further state that exempt surplus land shall include property that “is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes;” WHEREAS, the subject Property is less one-half acre in area and not contiguous to land owned by a state or local agency that is used for open-space or lowand moderate-income housing purposes and would qualify as exempt surplus property under the SLA;
WHEREAS, under the Surplus Land Act, Government Code section 54220 et seq., surplus land is land owned in fee simple by the City for which the City takes formal action in a regular public meeting declaring the land is surplus or exempt surplus land and not necessary for the City’s use; and
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development (HCD) to interpret and implement the Surplus Land Act, the City's determination that the Property is exempt surplus land must be provided to HCD for its review at least 30 days prior to disposition.

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Resolution No. 2024-10

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March 20, 2024

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORCO that:

1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council; and

2. For purposes of compliance with the amended Surplus Land Act, parcel number 129-180-005 in the City of NORCO, is hereby declared “exempt” surplus land.

The City Manager, or his designee, is directed to proceed with the notification and negotiation requirements of the Surplus Land Act, to facilitate the possible disposition of the Property.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on March 20, 2024. _______________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:

Dana Roa, CMC, City Clerk
City of Norco, California

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Resolution No. 2024-10

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March 20, 2024
I, Dana Roa, City Clerk of the City of Norco, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California at a regular meeting thereof held on March 20, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 20, 2024.

Dana Roa, CMC, City Clerk
City of Norco, California

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Resolution No. 2024-10

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March 20, 2024
ATTACHMENT A – PROJECT AREA MAP
City of Norco Parcel - APN 129-180-005

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City Council

STAFF REPORT
Date: March 20, 2024 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:

Zone Code Amendment 2024-01 (City of Norco): Second reading and approval of Ordinance 1111 approving a City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with state ADU Law
RECOMMENDATION:

Adopt Ordinance No. 1111, approving Zone Code Amendment 2024-01.

SUMMARY:

Zone Code Amendment 2024-01 is a city-initiated amendment updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with State ADU Law.

BACKGROUND:

The California Department of Housing and Community Development (HCD) reviewed Norco’s ADU ordinance and provided a letter to the City of Norco on October 3, 2023, stating that although the City’s ordinance meets many of the state’s statuary requirements, it does not fully comply with state ADU law (Exhibit A). The HCD letter requested that the City take action to amend its ADU ordinance in order to comply with all provisions of state ADU law.

Below are the five proposed changes to Title 18, Section 18.30.46 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Norco Municipal Code (NMC), to comply with state ADU law:

Separate Sale: The NMC currently prohibits the separate sale of ADUs/JADUs with no exceptions. However, California Government Code section 65852.26 provides a narrow exception allowing the separate sale of an ADU to a qualified buyer if the property was

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built or developed by a qualified nonprofit corporation or needs to be preserved as affordable housing for a certain number of years. NMC Section 18.30.46(C) is proposed to be amended to meet this state requirement (change/additions is red):

C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days., but Furthermore, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Section 65852.26.

Bedrooms: The NMC currently restricts an attached ADU to 2 bedrooms, provided that they meet a certain size criteria. However, California Government Code section 65852.2 allows for an ADU to have more than 2 bedrooms. NMC Section 18.30.46 (E)(1)(a) is proposed to be amended to meet this state requirement (change/additions is red):
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two or more bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation.

Number of Accessory Dwellings Per Lot: The NMC currently allows one ADU and one JADU per single-family lot. However, California Government Code section 65852.2 permits a homeowner who meets certain requirements to create one converted ADU; one detached, new construction ADU; and one JADU. NMC Section 18.30.46(E)(5)(a) is proposed to be amended as follows in order meet this state requirement (change/additions is red):
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit. a. For lots with proposed or existing single-family residence, one of each of the following:
i. one new construction detached accessory dwelling unit or one new construction accessory dwelling unit attached to the main residence, ii. one junior accessory dwelling unit, and
iii. one accessory dwelling unit within the proposed or existing space of a singlefamily residence, or the space of an existing detached accessory structure.

Government Code Citation: The NMC currently contains a typo when citing a California Health and Safety Code. NMC Section 18.30.46(E)(17) is proposed to be amended as follows to correct this typo: (change/additions is red):

17. Subject to the requirements of Health and Safety Code Section 17980.12 17890.12 this section shall not validate any existing illegal unit.

JADU Entry: The NMC currently requires a separate, interior entry into the primary dwelling’s main living area for all JADUs. However, Government Code section 65852.22(a)(5)(B), requires a separate interior entry (independent from an exterior

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entrance) only if the JADU shares a bathroom with the primary residence. NMC Section

18.30.46(F)(6) is proposed to be amended as follows in order meet this state requirement (change/additions is red):

6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. If the junior accessory dwelling unit shares a bathroom with the main residence, a junior accessory dwelling unit shall have an interior entry to the primary dwelling’s main living area shall be required, independent of an exterior entrance of the junior accessory and primary dwelling.

IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): In accordance with the California Environmental Quality Act (“CEQA”), the proposed Zone Code Amendment has been deemed exempt from environmental review as there is no possibility that the proposed changes would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment. Staff is recommending that a Notice of Exemption be prepared and be filed in accordance with CEQA Guidelines.

PLANNING COMMISSION INPUT: The proposed Zone Code Amendment was brought before the Planning Commission during its regular meeting on February 14, 2024. The Planning Commission voted unanimously to adopt Resolution 2024-02, recommending that the City Council approve the proposed Zone Code Amendment in compliance with state ADU law.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

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):

Exhbiit A - HCD Letter dated October 3, 2023
CC Ordinance 1111 for Zone Code Amendment 2024-01

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 3, 2023
Alma Robles, Director of Community Development
Planning Department
City of Norco
2870 Clark Ave
Norco, CA 92860
Dear Alma Robles:

RE: Review of Norco’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Norco (City) accessory dwelling unit (ADU) Ordinance No. 1093 (Ordinance), adopted February 15, 2023, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 65852.2, subdivision (h). HCD finds that the Ordinance does not comply with section 65852.2 in the manner noted below. Under that statute, the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than November 2, 2023.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respects:
• 18.30.46 (C) – Separate Sale – The Ordinance states, “Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units …may not be sold or otherwise conveyed separate from the primary residence.” However, Government Code section 65852.26 provides a narrow exception for separate sale of an ADU to a qualified buyer if the property was built or developed by a qualified nonprofit corporation, among other things. The City should amend the Ordinance accordingly.
• 18.30.46 (E)(1)(a) – Bedrooms – The Ordinance creates maximum sizes for attached ADUs “with zero to one bedroom, 850 square feet; two bedrooms, 1,000 square feet.” Government Code section 65852.2 states that a local agency may set a maximum square footage of not less than “1,000 square feet for an accessory dwelling unit that provides more than one bedroom.” Thus, the statute allows for an ADU to have more than two bedrooms ADU. The City must amend the Ordinance to clarify that an ADU with “more than one bedroom” is allowed.

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Alma Robles, Director of Community Development

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• 18.30.46 (E)(5) – Number of Units – The Ordinance allows “[f]or lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to the accessory dwelling unit.” The Ordinance allows for a maximum of one ADU and one junior accessory dwelling unit (JADU) on a lot with an existing or proposed single-family dwelling. The Ordinance states that multifamily dwellings may either create ADUs from existing non-livable space or build two new detached units. The Ordinance does not make both options available to the applicant.

However, Government Code section 65852.2, subdivision (e)(1), states, “Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure.” Subparagraph (B) permits “[o]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks.” The use of the term “any” followed by an enumeration of by right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single-family dwellings.

This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the application, nor deny a permit for a JADU under this section.

HCD notes that the Legislature, in creating the list, did not use “or” or “one of” to indicate only one or another would be applicable to the exclusion of the other. This subdivision applies equally to ADUs created pursuant to Government Code section 65852.2, subdivisions (e)(1)(C) and (D), on lots with proposed or existing multifamily dwellings. Limiting single-family lots to one ADU would prevent property owners from creating ADUs by right under subdivision (e)(1). Therefore, the City must amend the Ordinance to comply with State ADU Law.
• 18.30.46 (E)(17) – Unknown Citation – The Ordinance states, “Subject to the requirements of the Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.” It appears that this citation is intended to refer to section 17980.12. The City should review and cite the correct statute.

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Alma Robles, Director of Community Development

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• 18.30.46 (F)(6) – JADU and Entry – The Ordinance states, “A junior accessory dwelling unit shall have an interior entry to the primary dwelling's main living area, independent of an exterior entrance of the junior accessory and primary dwelling.” However, Government Code section 65852.22, subdivision (a)(5)(B), states, “If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.” The City may not require an interior entry if a JADU does not share a bathroom with the primary dwelling. Therefore, the City must amend the Ordinance to comply with State ADU Law.

In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.

Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.

HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please contact Mike Van Gorder, of our staff, at (916) 776-7541 or at [email protected] if you have any questions or would like HCD’s technical assistance in these matters.

Sincerely,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability

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ORDINANCE NO. 1111

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2024-01: A CITY INITIATED AMENDMENT TO TITLE 18, SECTION 18.30.46 – ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS,

UPDATING PROVISIONS RELATED TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) TO
COMPLY WITH STATE ADU LAW.

WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2024-01, a proposal to amend Section 18.30.46 of the Norco Municipal Code Title 18 (Accessory Dwelling Units and Junior Accessory Dwelling Units); and WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on February 14, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-02, recommending approval of Zone Code Amendment 2024-01 to the City Council; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on March 6, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATIONS:

I. FINDINGS:

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Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024

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A. The proposed Zone Code Amendment is necessary as it updates the City’s Accessory Dwelling Unit ordinance in compliance with state law.

B. The proposed Zone Code Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. The amendments do not conflict with current General Plan policies, objectives or programs of the General Plan.

C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City, as the amendments ensure that the city’s zoning code are consistent with state law thus ensuring the uniform application of the state’s Accessory Dwelling law across all eligible properties within city.

D. This project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendments will have a significant effect on the environment.

II. DETERMINATION:

NOW THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:

SECTION 1:

Title 18 (Zoning) of the Norco Municipal Code, Section 18.30.46 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby amendment to read as follows:

Section 18.30.46(C):

C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days. Furthermore, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Section 65852.26.

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Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024

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Section 18.30.46 (E)(1)(a):
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two or more bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation.

Section 18.30.46(E)(5)(a):
a. For lots with proposed or existing single-family residence, one of each of the following:
i. one new construction detached accessory dwelling unit or one new construction accessory dwelling unit attached to the main residence, ii. one junior accessory dwelling unit, and
iii. one accessory dwelling unit within the proposed or existing space of a singlefamily residence, or the space of an existing detached accessory structure.

Section 18.30.46(E)(17):

17. Subject to the requirements of Health and Safety Code Section 17980.12, this section shall not validate any existing illegal unit.

Section 18.30.46(F)(6):

6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. If the junior accessory dwelling unit shares a bathroom with the main residence, an interior entry to the primary dwelling’s main living area shall be required, independent of an exterior entrance of the junior accessory and primary dwelling.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

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Norco City CouncilMarch 20, 2024

Norco City Council
March 20, 2024