AGENDA
City Council
Wednesday, June 5, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
BUDGET WORKSHOP
A. Discussion of Preliminary Fiscal Year 2024-25 Operating and Capital Improvement Program Budgets
RECOMMENDATION:
Discuss the Preliminary Fiscal Year 2024-25 Operating and Capital Improvement Program Budgets and provide feedback to staff.
Staff Report - Pdf
CLOSED SESSIONS
CONFERENCE WITH REAL PROPERTY NEGOTIATION
Property: APN: 131-130-026
City Negotiator: City Manager
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 126-050-002, 126-050-004 & 129-380-010
Agency negotiator: City Manager
Negotiating Parties: City of Norco
Under negotiation: Price and terms of payment
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code §54954.5
Agency designated representatives: City Manager Sassoon Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSIONS
City Council Agenda - June 5, 2024
PLEDGE OF ALLEGIANCE Mayor Bash
INVOCATION Pastor Rene Parish
Beacon Hill Assembly of God
PRESENTATION Life Saving Recognition
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
3.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of May 15, 2024.
Staff Report - Pdf
City Council Agenda - June 5, 2024
3.C. Increasing Revenue, Appropriation and Expenditure from the FY 2023 Emergency Management Performance Grant (EMPG) Program in the Amount of $17,892 for Emergency Operations Center (EOC) Upgrades And Establishing the Fire Chief as the Authorized Agent in Any Actions Necessary for the Purpose of Obtaining Federal Financial Assistance Provided by the Federal Department of Homeland Security through the Federal Emergency Management Agency and Sub-Granted through the State of California Office of Emergency Services
RECOMMENDATION:
Adopt Resolution No. 2024-34, accepting EMPG funds in amount of $8,946 and agreeing to match with a contribution of $8,946 for upgrades and enhancements to the EOC, and identifying the Fire Chief as the Authorized Agent to act on behalf of the City of Norco in any actions necessary for the purpose of obtaining Federal financial assistance provided by the Federal Department of Homeland Security through the Federal Emergency Management Agency and sub-granted through the California Office of Emergency Services.
Staff Report - Pdf
3.D. Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the North Drive & Grulla Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the North Drive & Grulla Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
Staff Report - Pdf
3.E. Acceptance of Tender Agreement, bid and award of Contract for the MDP Line N-4 Storm Drain Project
RECOMMENDATION:
Approve the Tender Agreement between the City and Gray Casualty & Surety Company; award a contract to Kirtley Construction, Inc. dba TK Construction for construction of the MDP Line N-4 Storm Drain Project in the amount of $2,041,230; approve the appropriation in the amount of $637,677; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount
Staff Report - Pdf
City Council Agenda - June 5, 2024
3.F. Acceptance of Proposals and Award of Multi-Year Contract for On-Call SCADA Integration Services
RECOMMENDATION:
Accept the proposal submitted for On-Call SCADA Integration Services, award a multi-year contract to CDM Smith dba CDM Constructors Inc. located in Rancho Cucamonga, California, and authorize the City Manager to issue a purchase order in an amount not-to-exceed $180,000 annually for Fiscal Years 2024-2025 through 2026-2027.
Staff Report - Pdf
3.G. Approval of List of Construction Firms to Provide Emergency On-Call Construction Services
RECOMMENDATION:
Approve the list of construction firms to provide emergency on-call construction services for fiscal years 2024-25 to 2026-27.
Staff Report - Pdf
3.H. Acceptance of Proposals and Award of Multi-Year Contract for Sanitary Sewer and Storm Drain Maintenance Services
RECOMMENDATION:
Accept proposals and award a multi-year Sanitary Sewer and Storm Drain Maintenance Services contract to Houston & Harris PCS, Inc. located in Grand Terrace, California, in an amount not-to-exceed $300,000 annually for Fiscal Years 2024-25 through 2026-27.
Staff Report - Pdf
3.I. Approving Multiple Vendors to Provide Waterworks Parts Supplies for Fiscal Year 2024-25
RECOMMENDATION:
Authorize the City Manager to issue open purchase orders for the waterworks parts supplies in a not-to-exceed cumulative amount of $250,000 for Fiscal Year 2024-25.
Staff Report - Pdf
City Council Agenda - June 5, 2024
3.J. Approval of Contract for Design Services for PFAS Treatment System for Groundwater Wells
RECOMMENDATION:
Approve a contract with NCS Engineers for design services to add Perand Polyfluoroalkyl Substances (PFAS) treatment system to the existing Bluff Groundwater Treatment Plant and authorize the City Manager to issue a purchase order in the amount not to exceed $669,027.
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.
5.A. Ordinance No. 1113: Second Reading, Approving Code Amendment 2024- 01 (City of Norco): A City Initiated Amendment To Title 15, Section
15.30.020 "Hours Of Construction Activity" And Title 9, Section 9.07.20 "Noise Regulations, Exemptions", To Clarify The Allowable Hours Of Construction For Building Projects In The City Of Norco.
RECOMMENDATION:
Adopt Ordinance No. 1113, Second Reading, Approving Code Amendment 2024-01 (City of Norco): A City Initiated Amendment To Title 15, Section
15.30.020 "Hours Of Construction Activity" And Title 9, Section 9.07.20 "Noise Regulations, Exemptions", To Clarify The Allowable Hours Of Construction For Building Projects In The City Of Norco.
Staff Report - Pdf
5.B. Ordinance No. 1115, Second Reading: Amending Norco Municipal Code Chapter 8.04 “Running at Large”. Code Amendment 2024-03 RECOMMENDATION:
Adopt Ordinance No. 1115, Second Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Chapter 8.04 “Running at Large” to modify fowl/poultry requirements, approve Code Amendment 2024-03.
Staff Report - Pdf
City Council Agenda - June 5, 2024
5.C. Second Reading: Ordinance No. 1116 Amending Norco Municipal Code Title 9, Chapter 9.07 - Noise Regulations with the amendment of the removal of Section 9.07.080, Subsection (D)
RECOMMENDATION:
Adopt Second Reading: Ordinance No. 1116 to Amend Norco Municipal Code Title 9, Chapter 9.07 - Noise Regulations with the amendment of the removal of Section 9.07.080, Subsection (D).
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 regarding a possible moratorium on New Drive-thru Lanes for Restaurants in the City's Commercial Zones
RECOMMENDATION:
Discuss and determine possible next steps.
Staff Report - Pdf
7. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
City Council Agenda - June 5, 2024
7.A. Ordering the Continuation of Landscape Maintenance Districts, Confirming a Diagram, Assessment, and Annual Assessment Levy for Districts No. 1 – Beazer, Tract 28765; No. 2 – Western Pacific, Tract 25779; No. 3 – Centex, Tract 28826; No. 4 – Norco Ridge Ranch, Tracts 29588 and 29589; and No. 5 – Hawk’s Crest, Tract 30230
RECOMMENDATION:
To open the Public Hearing, hear public testimony, and adopt Resolution No. 2024-35, LMD No.1 (Beazer); Resolution No. 2024-36, LMD No. 2 (Western Pacific); Resolution No. 2024-37, LMD No. 3 (Centex); Resolution 2024-38, LMD No. 4 (Norco Ridge Ranch); Resolution No. 2024-39, LMD No. 5 (Hawks Crest), providing for an Annual Assessment Levy necessary to maintain the Landscape Maintenance Districts.
Staff Report - Pdf
7.B. Proposition 218 Public Protest Hearing and Resolution Adjusting Solid Waste Service Rates
RECOMMENDATION:
Conduct a Public Hearing under Proposition 218 to consider protests to proposed adjustments in Solid Waste Service Rates and if protests fail, consider and adopt Resolution 2024-40, approving adjustments to Solid Waste Service Rates and providing for future inflationary increases.
Staff Report - Pdf
7.C. Zone Code Amendment 2024-03 (City of Norco): A City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating/clarifying the provisions for parking, unit size, exterior non-habitable ADU areas, and cross references to state ADU law in response to recently passed state legislation RECOMMENDATION:
Adopt Ordinance 1117, approving Zone Code Amendment 2024-03.
Staff Report - Pdf
City Council Agenda - June 5, 2024
7.D. An Ordinance of the City Council of the City of Norco, California, Amending Norco Municipal Code Chapter 6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter 6.45 “City of Norco Manure Management and Disposal” Code Amendment 2024-06
RECOMMENDATION:
Introduce and approve a first reading of Ordinance No. 1118 Amending Norco Municipal Code Chapter 6.42 "Municipal Refuse, Manure, and Recycling Collection" and Chapter 6.45 "City of Norco Manure Management and Disposal".
Staff Report - Pdf
8. CITY COUNCIL / STAFF COMMUNICATIONS
9. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.
Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
A.
To: Honorable Mayor and City Council Members
From: Lisette Free, Finance Director
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Discussion of Preliminary Fiscal Year 2024-25 Operating and Capital Improvement Program Budgets
RECOMMENDATION:
Discuss the Preliminary Fiscal Year 2024-25 Operating and Capital Improvement Program Budgets and provide feedback to staff.
SUMMARY:
On May 1 and May 15, 2024, staff presented the Preliminary Fiscal Year 2024-25 Operating and Capital Improvement Program Budgets to City Council. Staff is requesting discussion and feedback.
BACKGROUND:
On May 1, 2024, staff presented the Preliminary Fiscal Year 2024-25 Operating and Capital Improvement Program Budgets to City Council. City Council had the following questions/ inquiries regarding the Preliminary Budgets:
Council inquired as to where the backyard trail maintenance is identified in the Budget.
The trail maintenance and repairs budget is in the Measure R operating line item totaling $650,000 - see attachment A. The $650,000 consists of the following:
$600,000 - trail maintenance
$30,000 - trail repairs
$20,000 - backyard trail maintenance
Council inquired about where the street sweeping savings from the new refuse agreement is located in the Operating Budget.
The street sweeping costs were originally budgeted in the NPDES Storm Drain Fund. The FY 2024-25 NPDES budget is $84,000 less than the FY 2023-24 NPDES budget due to the street sweeping services that will be performed by the new refuse hauler as part of the refuse agreement.
It is important to note that the FY 2023-24 NPDES Budget has an appropriation of $94,000 to cover the projected deficit. For FY 2024-25, the NPDES estimated ending fund balance has a deficit of $33,415 in which staff will monitor costs and determine at mid-year if a budget appropriation from the General Fund will be needed or if programs/costs will need to be cut to address the estimated deficit.
Council inquired about the Finance Department's efficiencies with the transfer of billing of refuse services to the new refuse hauler.
The Finance department's refuse billing is included as part of the City's utility billing process. Finance will continue to bill water and sewer services. Customer services calls will be lessened which will allow Finance to focus on City's other priorities.
For example, Finance will be focusing on working on strengthening the collection process which was put on hold during COVID. In addition, there are new GASB accounting standards and pronouncements that Finance will need to implement such as GASB 100 - Accounting Changes and Error Corrections which would require us to update our annual financial statement format, disclosures and notes. Upcoming GASB pronouncements such as GASB 101 - Compensated Absences which changes how the liability for compensated absences is calculated as well as their related disclosures. Furthermore, we will be working on the requirements of compliance and reporting of development impact fees as well as new auditing standards that will require auditors to focus on the City's Information Technology systems and its internal controls. Council inquired about fiscal impact of the Memorandum of Understanding between the City of Norco and the Utility Workers Union of America, Local 606.
Although there has not been an agreement between the City and the Utility Workers Union of America, Local 606. The FY 2024-25 Operating Budget is projected based on the projected step increases in employees' ranges, instead of top step for every employee; including an estimated 2% cost-of-living adjustment; and the additional $50 per month medical benefit increase. Council requested an itemized listing of the General Fund's contractual services account totaling $3,002,200. Staff compiled an itemized listing for review - see attachment B. In addition, staff compiled an itemized listing of the General
Fund's other professional services account totaling $198,000 - see attachment C.
On May 15, 2024, without formal motion, City Council requested a Budget Workshop for further discussion.
Council inquired about the specific designations for conferences and meetings.
Staff compiled an itemized listing for review - see attachment D.
FISCAL IMPACT:
Not applicable for this item. Discussion directions will be incorporated in the Proposed FY 2024-25 Operating and Capital Improvement Program Budgets for Council adoption at their June 5, 2024 meeting.
RELATIONSHIP TO STRATEGIC PLAN:
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 ATTACHMENT(S):
Attachment A
Attachment B
Attachment C
Attachment D
MEASURE R FUND 127/132
Operating, Maintenance and Capital Projects Division Various Object Code Line-Item Description
FY 2022-2023
Actual
FY 2023-2024
Amended
Budget
FY 2023-2024
Projected
Year-End
FY 2024-2025
Budget
Projection
30300 Conferences and Meetings $ - $ 1,400 $ 1,000 $ 1,400 34125 Accounting & Auditing Svc 6,150 10,000 10,000 10,000 Subtotal Operating Costs 6,150 11,400 11,000 11,400
32400 Trail Maintenance & Repairs 517,287 600,000 580,000 650,000 Subtotal Trail Maintenance 517,287 600,000 580,000 650,000 Various Capital Improvement Projects 5,193,727 16,582,527 10,400,000 17,926,000 Subtotal Capital Projects 5,193,727 16,582,527 10,400,000 17,926,000 TOTAL EXPENDITURES $ 5,717,164 $ 17,193,927 $ 10,991,000 $ 18,587,400 50151 Sales Tax - Measure R $ 8,129,336 $ 8,463,000 $ 8,300,000 $ 8,463,000 54200 Interest Income 229,888 175,000 425,000 250,000
TOTAL REVENUES $ 8,359,224 $ 8,638,000 $ 8,725,000 $ 8,713,000 Revenues Over (Under) Expenditures (2,266,000) $ $ (9,874,400) Estimated Beginning Fund Balance 12,607,576 10,341,576
Estimated Ending Fund Balance 10,341,576 $ $ 467,176
MEASURE R
18 Attachment A
Division
No. Division/Description Amount
Division
Total
704 City Clerk
Code Publishing - Municipal Code $ 4,600
Icompass Agenda Management System 15,100
Historic Room - Consulting Services 8,800
$ 28,500
705 City Attorney
City Attorney 200,000
200,000
706 Finance
HDL maintenance (Business License) 12,500
Stericycle Inc.- Shredding 1,000
New World Tyler Training -Onsite Financials 1,000
State Controller's Office - Annual Street Report 3,800
Avenu Insights & Analytics (statistics for ACFR) 2,000
20,300
707 Communications
FlashVote 10,000
10,000
720.10 George Ingalls Day
Flowers for Memorial 300
300
720.15 Christmas Festival & Parade of Lights
Candlelight Carolers; Performers 1,000
Jump N. Party; Inflateables 2,700
Michael Koval; Rockwall 2,000
ChooChoo Rental; Trackless Train 2,500
Great Pony Parties: Petting Zoo 3,800
Riverside County Health Department Permit 500
Dekra Light; Uplighting 5,000
Francis L. Dean Event Insurance 1,500
Balloon Lab; Décor 4,000
23,000
720.25 Day of the Cowboy
Alex Houser, Western Entertainment; Stock Contractor 18,500 Riverside County Health Department Permit 400
Public Saftey Services Inc., Security Company 3,000
AMR, Emergency Medical Response 1,000
Event Services Temporary Fencing 3,500
Haas & Wilkerson Insurance 4,100
Event Services; Portable Restrooms 3,500
34,000
720.34 National Night Out
Francis L. Dean Insurance 500
Health Permit 500
1,000
FY 24-25 General Fund Contractual Services
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
720.35 Concerts/Movies in the Park
Electric Vinyl- Band Peforming 7/12/24 1,800
Faultline- Band Performing 8/2/24 1,800
Trinity Sound Company- Concert Sound Summer 2024 3,000
SWANK Movie Licensing 2,000
Band; entertainment TBD 2025- 6/13/24 3,000
Band; entertainment TBD 2025- 6/27/24 3,000
Trinity Sound Company- Concert Sound Summer 2025 3,000
Riverside County Health Department Permit 800
Francis L. Dean Insurance 1,600
20,000
720.36 Wheel Chair Basketball
Deep Dive- Referees 3,000
Spectrum- Clean Floors 2,100
Public Saftey Security Inc. 500
Riverside County Health Department Permit 400
Balloon Lab; Balloon Décor 900
Insurnace 600
7,500
720.40 Fourth of July
The Storytellers; entertainment 1,900
Balloon Lab; Balloon Décor 1,000
Insurance 600
Riverside County Health Department Permit 400
Mike Koval Rockwall 1,100
5,000
720.41 Memorial Day
Wreaths, ADA Accessible Bathroom and Programs 1,200
1,200
720.42 Vietnam Veterans Day
Flowers for the Memorial 200
200
720.43 Veterans Day
Flowers, ADA Accessible Bathroom, Programs 1,200
1,200
720.45 Breakfast with Santa
Dale McCants- Santa 850
Public Saftey Security Inc. 450
Francis L. Dean & Associates Inc. Insurance 700
2,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
720.60 Easter Egg Hunt
Balloon Lab; Ballon Arch 500
Great Pony Parties Petting Zoo 800
Mini Express; Trackless Train 600
Artyloon Balloon Twisting and Face Painting 600
Riverside County Health Permit 300
Francis L. Dean & Associates Inc. Insurance 200
3,000
720.67 Dia de los Muertos
Balloon Lab 700
Riverside Health Department Permit 400
Francis L. Dean & Associates Inc. Insurance 400
1,500
720.68 Trunk-or-Treat
Balloon Lab; Balloon Décor 900
Francis L. Dean & Associates Inc. Insurance 200
Riverside County Health Department Permit 300
1,400
720.69 Gold Star Mother's & Family's Day
Flowers, ADA Accessible Bathroom, Programs 1,200
1,200
720.71 Kathy Azevedo Spirit of Norco
Flowers, Programs, Chairs, Artificial Turf 3,000
3,000
720.73 Flag Day 1,000
Wreaths, ADA Accessible Bathroom 1,000
724 Non-Departmental
NEOGOV aka Governmentjobs.com - Annual Insight Subscription 31,700 HDL PROPERTY TAX 8,600
HDL SALES TAX 32,000
Citywide: Stericycle/shred 1,100
HR: Counseling Team 12,000
HR: DOT Random Drug Testing Annual Fee 200
Foster & Foster (formerly Bartel) - GASB - Medical Pension 8,200 Add: City Council annual planning retreat 10,000
HR: P&A Group Admin Fee 1,800
Development Impact Fee & Quimby Reports 30,000
Placer Labs Agreement 30,000
HR: Liebert Cassidy Consortium Including Liebert Library Subscription 4,700 170,300
730 Recreation
Active Net 11,400
Volunteer Volgistics Program 1,800
SCMAF Insurance 7,800
21,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
731 Youth, Sports and Family
(Deep Dive Ref, LLC) Youth BB Summer Officials 4,500
(Deep Dive Ref, LLC) Youth BB Winter Officials 5,500
(BSN Sports) Backboard repairs 3,000
(BSN Sports) 12 Step Safety Inspection 2,000
15,000
733 Park Maintenance
Landscaping Services (Priority) 505,400
Weed Abatement in Parkland Wes.Cory 20,000
Light Service for Sports Fields 5,000
Park Light Service 5,000
Playground replacement repair 10,000
WM _ LL and Softball Snack Bars 15,000
AVL System Routine Service 10,000
Annual Tree Trimming (Parks)/plantings 50,000
620,400
735 Senior Center
Kiln Repairs 4,000
4,000
737 Ingalls Event Center
GIEEC Security 198,000
Electrical Contractors 3,000
Event Rental Services 3,000
Rental Facility Insurance 2,000
Extra Cleaning Services City Events 3,000
209,000
738 Facilities and Maitenance
Generator Service (Code required) 50,000
Air. Cond. City Buildings (FD,Gym, NWH, City Hall) 30,000 Roof Maint./City Buildings 20,000
Ice Machine Service/ICE NWH/FD 3,000
Alarm Service & Repair(Fire/Burglary) for City Buildings 91,000 Fire Extinguisher Service (Code Required) 1,000
Fire Stations #47 & #57 Air Compressors Exh. Sys Mtc. 10,000 Pest Control City Building (City Hall/CS/CC) 5,000
Backflow Cert. City Buildings (Code Required) (1K) 5,000 Janitorial Citywide Total 210,000
425,000
740 Inspection
Willdan & Z&K inspection services 150,000
150,000
745 Economic Development
Retail Strategies 50,000
50,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
750 Planning
CEQA Complliance 25,000
Contract Staff Planners for special projects 20,000
Legal Planning Services 25,000
70,000
751 Code Enforcement
Legal Code Enforcement 50,000
Abatement services 50,000
100,000
752 Building and Safety
Willdan - inspection and plan checks when needed 40,000 40,000
761A Fire
Station 47- Sparklettes 600
Window Cleaning (47) / Specturm Janitorial 600
3rd Party Plan Check / Provo Engineering 800
EMD Contract 48,000
50,000
765 Animal Control
Pressure Washer maintenance 400
Veternarian Services 4,200
Sharp's Container 400
Dead removal 13,000
Pig Depredation 25,000
43,000
772 Sheriff
Forensic Nurses, Bio-Tox and Dept of Justice fees 21,600 Fingerprints, DNA and Mugshot services 25,100
Forensic Rape exams 18,000
RMS California Law Enforcement Telecommunications System 41,500 Towing services 3,300
Crime Scene Clean-Up and Locksmith Services 8,800
Shred and bottled water services 6,500
Booking Services 15,200
Flock cameras 90,000
230,000
773 Crossing Guard
Crossing Guard 89,200
89,200
800 Engineering
RKA services 80,000
Palomino plan reviews 20,000
Hamner Bridge Sound Study 30,000
130,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
850 Parkway Maintenance
Cal Fire Crews Weed Clearing 5,000
Fifth/Dapplegray Landscaping 5,000
Tree Trimming Program (WCA) 210,000
220,000
. .
Grand Total $ 3,002,200 $ 3,002,200
Attachment B
Division
No. Division/Description Amount
Division
Total
724 Non-Departmental
Employment Legal Practices $ 35,000
Additional Legal Services - Misc and Norco Valley Square 45,000 Willdan Financial Services Reports, Disclosures, 15,000 Other Professional Services 50,000
Successor Agency Outside Services - Justify ROPS Admin Charges 50,000 $ 195,000
800 Engineering
Survey, Engineering, Legal Services 3,000
3,000
. .
Grand Total $ 198,000 $ 198,000
FY 24-25 General Fund Professional Services
Attachment C
Division
No. Division/Description Amount
Division
Total
701 City Council
League of CA Cities $ 12,000
Other Trainings/Webinars 3,000
$ 15,000
702 City Manager
GFOA 2,500
ICMA 2,500
League of CA Cities 2,500
Other Trainings/Webinars 1,500
9,000
703 Human Resources
PSHRA-SC 600
IPMA-HR 600
SoCal LERA Conference 600
CalPELRA 600
LCW Meetings/Conf 600
3,000
704 City Clerk
League of Ca Cities New Law Seminar Dec. 2024 1,600
City Clerks Assoc. of CA Annual Conference (2024) 1,300 Master Municipal Clerk Academy/ TTC (2024) 2,000
IIMC Annual Conference (2024) 1,400
City Clerk Assoc. of CA Division Meetings 800
Miscellaneous - Cont. Ed. 800
Historic Preservation Commission Stipends 2,100
10,000
706 Finance
Liebert Cassidy Meetings 600
Govt Tax Seminar (3) 1,800
CMRTA Mtgs/Conference (3) 7,700
GFOA Conference (2) 4,000
CSMFO Conference (4) 8,000
CPE Depot (2) 500
AICPA/ACFE mtgs/trainings 600
Other Trainings/Webinars 2,300
25,500
707 Communications
CAPIO Conference 3,400
Government Social Media Conference 1,000
MMASC Conference 1,100
Other Trainings/Webinars 1,500
7,000
724 Non-Departmental
Non-Safety Related Training/Not reimbursed by PERMA 2,000 Safety: First Aid/Mandated Reporting/Snake Awareness, OHSA, Etc. 3,000 City Council Meeting Meals 2,000
City Wide Trainings - LCW, etc. 6,000
13,000
FY 24-25 General Fund Conferences and Meetings
Attachment D
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Conferences and Meetings
730 Recreation
CPRS Conference (4) 8,800
Technical Trainings 500
CPRS Director's Academy 500
Cal Poly Pomona Supervisory Program 1,000
Commissioner Stipends 4,200
15,000
731 Youth, Sports and Family
CPRS Conference (4) 4,500
SCMAF Trainings 500
LCW Trainings 500
5,500
733 Park Maintenance
Park Ops (3) 1,000
Pesticide and Playground Safety classes 500
MSA 500
MMASC 500
APWA 500
League of California Cities 500
3,500
735 Senior Center
CPRS Conference (1) 1,800
Supervisory Trainings 200
Other Trainings/Webinars 1,000
3,000
737 Ingalls Event Center
League of Agricultural Equestrian Centers 3,000
Tree Pests/Diseases Trainings and Crowd Control, etc. 2,000 PRCA Convention/NFR 5,000
MSA - Class B Training 5,000
15,000
738 Facilities and Maintenance
APWA 500
MSA 500
Building Maintenance/ADA Training 500
MMASC 500
2,000
745 Economic Development
ICSC Conference 2,000
2,000
750 Planning
APA Conference 8,000
Planning Commission Academy 9,000
Planning Webinars 400
Commissioner Stipends 3,000
20,400
Attachment D
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Conferences and Meetings
751 Code Enforcement
Academy Module (3 Part) 4,000
Webinars 1,500
Memberships 300
5,800
752 Building and Safety
CALBO Classes 2,000
2,000
761A Fire
Trainings/Webinars 1,000
1,000
765 Animal Control
Animal Control Academy 900
Certification for RCB 400
LCW- manager courses 140
Instructor certification for RCB 450
Bee Classes 160
JPX certification 485
Snake Classes 500
Other Trainings/Webinars 765
3,800
772 Sheriff
Norco City Staff Specific Training 3,000
Advanced TCI training 2,100
California Narcotic Officers' Association (CNOA) Training 7,200 Interviewing for First Responders Training 600
12,900
774 Citizens on Patrol
Trainings/Webinars 400
400
800 Engineering
Commissioner Stipends 1,500
Other Trainings/Webinars 1,500
3,000
. .
Grand Total $ 177,800 $ 177,800
Attachment D
City Council
STAFF REPORT
Date: June 5, 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:
City Council
STAFF REPORT
Date: June 5, 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 May 15, 2024.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
City Council - May 15 2024 - DRAFT Minutes
DRAFT - MINUTES
City Council
Wednesday, May 15, 2024
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Kevin Bash, Mayor
Greg Newton, Mayor Pro Tem
Katherine Aleman, Council Member
Robin Grundmeyer, Council Member
Berwin Hanna, Council Member
CLOSED SESSION
Mayor Bash adjourned to Closed Session and City Attorney Burns read the Closed Session Items into the record.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code §54954.5
Agency designated representatives: City Manager Sassoon Employee organization: Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 Potential Case
CONFERENCE WITH REAL PROPERTY NEGOTIATION
Property: APN: 131-130-026 (4081 Sierra)
City Negotiator: City Manager
Under Negotiation: Price and Terms
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager
RECONVENE PUBLIC SESSION 7:09 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Council Minutes - May 15, 2024
City Attorney Burns stated that there were no reportable actions taken in Closed Session and that Conference with Real Property Negotiation and Public Employee Performance Evaluation was not heard but will be continued after the Regular Meeting.
PLEDGE OF ALLEGIANCE Council Member Hanna
INVOCATION Pastor Daniel Kitheka
Beacon Hill Assembly of God
PRESENTATIONS
Asian American, Native Hawaiian and Pacific Islander Heritage Month Proclamation
Mayor Bash presented the Asian American, Native Hawaiian and Pacific Islander Heritage Month Proclamation and Noelani's Halau O Hula Mo'olelo performed a traditional dance.
National Preservation Month Proclamation
Mayor Bash presented the National Preservation Month Proclamation and Heritage Room Administrative Aide Wheeler thanked City Council and spoke on the opening of the Heritage Room on June 1, 2024, as part of the annual Ranch Tour.
WRCOG - Demographics and Development Trends
WRCOG Deputy Executive Director, Chris Gray, presented the report on Demographics and Development Trends.
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
Donald Mitchell spoke regarding an issue with water drainage on his property.
Bonnie Slager spoke regarding construction taking place on Valley View Avenue and Corona Avenue with no signs stating the horse trails were closed.
Greg Bowen thanked City Council and City Staff for the Waste Management Town Hall Meeting that took place on May 6, 2024.
Bill Naylor complimented Public Works Director Blais and Facilities and Maintenance Superintendent Shank and thanked them both for their hard work.
City Council Minutes - May 15, 2024
Judy Bonham spoke regarding her concerns for the General Plan and the Sixth Street proposals.
3. CONSENT CALENDAR
Approval of the Consent Calendar as Presented.
Mayor Bash pulled item 3.H. for discussion.
M/S NEWTON/ALEMAN Approve the Consent Calendar as Presented. The Motion was carried by the following roll call vote:
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 May 1, 2024.
3.C. Ratification of Fiscal Year 2024-25 Western Riverside County Regional Wastewater Authority Budget
Action: Adopted Resolution No. 2024-33, approving the Fiscal Year 2024-25 Western Riverside County Regional Wastewater Authority Budget, establishing rates to be charged for conveyance, treatment and disposal of wastewater.
3.D. Approve Licensing Agreement with Saddle Sore Saloon for the use of the Parking Lot at California Avenue and Sixth Street
Action: Approved Licensing Agreement with Saddle Sore Saloon for the use of the parking lot at California Avenue and Sixth Street.
City Council Minutes - May 15, 2024
3.E. Approve Additional Design Services with Plump Engineering for the City Hall Lobby Project
Action: Approved Additional Design Services with Plump Engineering for the City Hall Lobby Project in the amount of $17,800.
3.F. Acceptance of Proposals and Award Contract to Design West Engineering for Design Services for the Fire Station 47 HVAC Replacement Project Action: Accepted proposals and awarded contract to Design West Engineering for design and services for the Fire Station 47 HVAC Replacement Project in the amount of $57,732 and authorized the City Manager to approve contract change orders up to 10% of the original contract.
3.G. Order of Procedure and Approve Resolutions Necessary for the Annual Assessment Levy Continuing Landscape Maintenance Districts No. 1 – Beazer, Tract 28765; No. 2 – Western Pacific, Tract 25779; No. 3 – Centex, Tract 28826; No. 4 – Norco Ridge Ranch, Tracts 29588 and 29589; and No. 5 – Hawk’s Crest, Tract 30230
Action: Adopted the following Resolutions approving the Preliminary Engineer’s Reports and the additional Resolutions providing for an Annual Levy of Assessments and setting the Public Hearing date for June 5, 2024, for each District.
Resolution No. 2024-23, LMD No. 1 (Beazer); Resolution No. 2024-24, LMD No. 2 (Western Pacific); Resolution No. 2024-25, LMD No. 3 (Centex); Resolution No. 2024-26, LMD No. 4 (Norco Ridge Ranch); Resolution No. 2024-27, LMD No. 5 (Hawk’s Crest), approving the Engineer’s Preliminary Report for the Annual Levy of Assessments for the Fiscal Year 2024-2025 in said Districts; Resolution No. 2024-28, LMD No. 1 (Beazer); Resolution No. 2024-29, LMD No. 2 (Western Pacific); Resolution No. 2024-30, LMD No. 3 (Centex); Resolution No. 2024-31, LMD No. 4 (Norco Ridge Ranch); Resolution No. 2024-32, LMD No. 5 (Hawk’s Crest), Declaring City’s Intention to Provide for an Annual Levy and Collection of Assessments for Certain Maintenance in an Existing District, and Setting a Time and Place for the Public Hearing.
3.I. Recap of Actions Taken by the Planning Commission at its Meeting Held on May 8, 2024
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on May 8, 2024.
City Council Minutes - May 15, 2024
3.J. Amend Existing Agreement with Flock Group Inc. for Flock Safety Automated License Plate Reader (ALPR)
Action: Authorized the City Manager to increase contract by $5,000 for the annual cost associated with the Flock Safety ALPR fixed cameras.
4. ITEM(S) PULLED FROM CONSENT CALENDAR
3.H. Riverside County Sheriff's Contract Renewal
Mayor Bash thanked the Riverside County Sheriff's Office and all the deputies for their hard work and made a motion to approve the agreement.
M/S BASH/ALEMAN Approve the agreement for Law Enforcement Services through June 30, 2029. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. DISCUSSION / ACTION ITEM(S)
5.A. Review Options and Consider Staff Recommendation for the Replacement of the Pikes Peak Park Playground Replacement Project
Facilities and Maintenance Director Hamilton presented the report, recommending Option 5 for the replacement of the playground.
Great Western Recreation Consultant, Myles Harvey, presented additional information on the playground.
Facilities and Maintenance Director Hamilton and Consultant Harvey answered questions and addressed concerns from Council Members.
Mayor Bash opened Public Comment.
Judy Bonham had a question regarding the reasoning for the replacement of the playground and had concerns for the pricing of the recommended option.
City Council Minutes - May 15, 2024
Facilities and Maintenance Director Hamilton answered the question and addressed her concerns.
Greg Bowen spoke regarding his concern for the horseshoe pits and not wanting them removed. He spoke in support of the recommended option and would even like to see a playground for horses.
Facilities and Maintenance Director Hamilton confirmed the horseshoe pits would not be removed.
Mayor Bash closed Public Comment.
Mayor Bash and Council Members spoke regarding their support for the recommended option to replace the Pikes Peak Park Playground.
Following discussion, motion was made.
M/S BASH/ALEMAN Approve Staff Recommendation of Option 5 for the Pikes Peak Park Playground Replacement Project. 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. Resolution Revising the Enforcement Provisions of the City's Code of Ethics.
City Attorney Burns presented the report on the City's Code of Ethics.
City Manager Sassoon answered questions and addressed concerns from Council Member Grundmeyer.
Mayor Bash opened Public Comment.
Larry Eckhoff spoke regarding his concerns for the Code of Ethics and his concern that free speech is being stifled.
Geoff Kahan spoke regarding his concerns for the Code of Ethics and his concern for the First Amendment.
Mayor Bash closed Public Comment.
City Council Minutes - May 15, 2024
City Attorney Burns answered questions and addressed concerns from the Council Members.
Mayor Bash and Council Members discussed their concerns for the Code of Ethics.
Following discussion, motion was made.
M/S ALEMAN/GRUNDMEYER Adopt a Resolution Revising the Enforcement Provisions of the City’s Code of Ethics. The Motion was DEFEATED. by the following roll call vote:
AYES: ALEMAN AND GRUNDMEYER
NOES: BASH, NEWTON, AND HANNA
ABSENT: NONE
ABSTAIN: NONE
Following motion to repeal Resolution 2021-12.
M/S ALEMAN/GRUNDMEYER Repeal Resolution 2021-12. The Motion was carried by the following roll call vote:
AYES: BASH, ALEMAN, AND GRUNDMEYER
NOES: NEWTON AND HANNA
ABSENT: NONE
ABSTAIN: NONE
5.C. Discussion of Preliminary Fiscal Year 2024-25 Operating and Capital Operating Budgets
City Manager Sassoon introduced the continuation of the budget discussion.
City Manager Sassoon and Finance Director Free answered questions and addressed concerns.
Mayor Bash and Council Members discussed the need for more time to review and discuss the budget in an additional workshop.
Following discussion and without formal motion, a Budget Workshop is to be added to a future Meeting Agenda.
City Council Minutes - May 15, 2024
Mayor Bash called for a brief recess at 9:01 PM.
Mayor Bash readjourned the meeting at 9:08 PM.
6. PUBLIC HEARING(S)
6.A. Ordinance No. 1113: First Reading, Approving Code Amendment 2024-01 (City of Norco): A City Initiated Amendment To Title 15, Section 15.30.020 "Hours Of Construction Activity" And Title 9, Section 9.07.20 "Noise Regulations, Exemptions", To Clarify The Allowable Hours Of Construction For Building Projects In The City Of Norco.
Community Development Director Robles introduced the item.
Building Official Raney presented the report on Ordinance No. 1113.
Building Official Raney answered questions and addressed concerns from Council Members.
Mayor Bash opened Public Comment.
Bill Naylor spoke regarding his concerns for homeowners having the ability to do work on the weekends.
Greg Bowen spoke regarding his concerns for homeowners having the ability to do work on the weekends as many work during the week.
Mayor Bash closed Public Comment.
Community Development Director Robles and Building Official Raney answered questions and addressed concerns from the Council Members.
Following discussion, motion was made.
M/S BASH/NEWTON Adopt Ordinance No. 1113, First Reading, Approving Code Amendment 2024-01 (City of Norco): A City Initiated Amendment To Title 15, Section 15.30.020 "Hours Of Construction Activity" And Title 9, Section 9.07.20 "Noise Regulations, Exemptions", To Clarify The Allowable Hours Of Construction For Building Projects In The City Of Norco. The Motion was carried by the following roll call vote:
City Council Minutes - May 15, 2024
AYES: BASH, NEWTON, ALEMAN, AND GRUNDMEYER
NOES: HANNA
ABSENT: NONE
ABSTAIN: NONE
6.B. First Reading: Ordinance No. 1116 Amending Norco Municipal Code Title 9, Chapter 9.07 - Noise Regulations
City Attorney Burns presented the report on Ordinance No. 1116.
Lieutenant Hall answered questions and addressed concerns from Mayor Pro Tem Newton and Council Member Hanna.
City Attorney Burns and City Manager Sassoon answered questions and addressed concerns from Council Member Grundmeyer regarding Section
9.07.080, Subsection (D).
Mayor Bash opened Public Comment.
There were no public comments at this time.
Mayor Bash closed Public Comment.
City Manager Sassoon and Lieutenant Hall answered questions and addressed concerns from the Council Members.
Council Member Hanna made a motion to approve the Ordinance as presented but withdrew the motion to allow Council Member Grundmeyer to make the addition of the removal of Section 9.07.080, Subsection (D).
Council Member Grundmeyer read Section 9.07.080, Subsection (D) and made a motion.
M/S GRUNDMEYER/NEWTON Adopt First Reading: Ordinance No. 1116 to Amend Norco Municipal Code Title 9, Chapter 9.07 - Noise Regulations with Section
9.07.080, Subsection (D) to be removed from the Municipal Code. The Motion was carried by the following roll call vote:
AYES: BASH, NEWTON, ALEMAN, GRUNDMEYER, AND HANNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - May 15, 2024
6.C. Ordinance No. 1115, First Reading: Amending Norco Municipal Code Chapter
8.04 “Running at Large”. Code Amendment 2024-03
Animal Services Superintendent Sparks III presented the report on Ordinance No. 1115.
Animal Services Superintendent Sparks III answered questions and addressed concerns from the Council Members.
Mayor Bash opened Public Comment.
Greg Bowen spoke regarding his concerns for the Ordinance and that poultry/fowl should be able to roam freely.
Mayor Bash closed Public Comment.
Mayor Bash spoke regarding the history of the Municipal Code regarding poultry/fowl running at large.
City Attorney Burns made a recommendation to adjust the language to clarify Section 8.04.010, Subsection (B).
Following discussion, motion was made.
M/S BASH/GRUNDMEYER Adopt Ordinance No. 1115, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Chapter 8.04 “Running at Large” to modify fowl/poultry requirements, approve Code Amendment 2024-03, and schedule Second Reading on June 5, 2024, with the amendment to clarify language in Section 8.04.010, Subsection (B) as stated by City Attorney. 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
Council Member Hanna wanted to recognize the passing of community member, Jim Brooks, and spoke of the accomplishments throughout his lifetime.
Mayor Bash adjourned to Closed Session at 10:13 PM in honor of Jim Brooks.
City Council Minutes - May 15, 2024
8. ADJOURNMENT
Mayor Bash adjourned Closed Session at 10:28 PM.
City Attorney Burns stated there were no reportable actions.
Mayor Bash adjourned the meeting at 10:29 PM.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
3.C.
To: Honorable Mayor and City Council Members
From: William Otterman, Fire Chief
Prepared By: Sarah Muro, Emergency Services Assistant
Department: Fire
SUBJECT:
Increasing Revenue, Appropriation and Expenditure from the FY 2023 Emergency Management Performance Grant (EMPG) Program in the Amount of $17,892 for Emergency Operations Center (EOC) Upgrades And Establishing the Fire Chief as the Authorized Agent in Any Actions Necessary for the Purpose of Obtaining Federal Financial Assistance Provided by the Federal Department of Homeland Security through the Federal Emergency Management Agency and Sub-Granted through the State of California Office of Emergency Services
RECOMMENDATION:
Adopt Resolution No. 2024-34, accepting EMPG funds in amount of $8,946 and agreeing to match with a contribution of $8,946 for upgrades and enhancements to the EOC, and identifying the Fire Chief as the Authorized Agent to act on behalf of the City of Norco in any actions necessary for the purpose of obtaining Federal financial assistance provided by the Federal Department of Homeland Security through the Federal Emergency Management Agency and sub-granted through the California Office of Emergency Services.
SUMMARY:
The major focus of the Emergency Management Performance Grant (EMPG) Program is to improve and enhance the ability of local cities and governing bodies to respond to disasters. The Emergency Operations Center (EOC) allows the City to properly respond to emergency incidents within the City. This grant will allow the City to continue with technological purchases to update and make the EOC easily accessible during disasters. A requirement of the Emergency Management Performance Grant Program is the identification of the Fire Chief by City Council as the Authorized Agent to act on behalf of the City pertaining to any actions necessary for the purpose of obtaining Federal Emergency Management Agency Funds.
BACKGROUND:
The purpose of the Emergency Management Performance Grant (EMPG) Program is to provide federal funds to States to assist State, local, and tribal governments in preparing for all hazards. Funds provided under the EMPG must be used to support activities that contribute to the Operational Area’s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made.
Previous grants have been received by the City of Norco that provided the ability to update and maintain the Emergency Operations Center (EOC). The EOC allows the City to organize emergency events or incidents and properly assign resources and/or ask for assistance from the County’s Operational Area. This grant will allow the City to continue to make upgrades to technology, such as installing an updated network switch, a Smart Board, wireless access points, and upgrading laptops.
All applicants of the Homeland Security Grant Program and the Emergency Management Performance Grant Program are required to provide this resolution.
FISCAL IMPACT:
Acceptance of the grant requires a dollar-for-dollar matching fund requirement. The total amount granted to the City was $8,946. The matching amount will be funded from the City’s Information Technology Fund. The grant and match funding has been appropriated in the FY 24-25 Operating Budget.
RELATIONSHIP TO STRATEGIC PLAN:
Appropriation of matching funds for the Emergency Management Performance Grant is consistent with Strategic Direction #5 “Improve the quality of life by enhancing public safety services; Action Plan #5 “Complete all actions necessary to update City Emergency Operations Plan including training, development of checklist, communication protocols with residents and staff.”
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Norco FY23 EMPG Award Letter
FY23 Standard Assurances
Resolution 2024-34 FY2023 EMPG
450 E. ALESSANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
April 9, 2024
City of Norco
William Otterman, Division Chief
RE: FY23 Emergency Management Performance Grant Program (EMPG) Award - $8,946 Grant # 2023-0006 CFDA#: 97.042
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY23 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests.
The performance period of this grant is April 9, 2024 – May 31, 2025. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.
This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.
The Riverside County Operational Area (OA) may reduce, suspend, or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.
Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Any changes to the Financial Management Forms Workbook requires approval from the OA prior to conducting activities and incurring costs.
Your organization’s Financial Management Forms Workbook is being provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form (if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to [email protected] by July 9, 2024. Requests will not be processed without the acceptance documents on file.
450 E. ALESSANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.
For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.
Sincerely,
Louis Le
Senior Administrative Services Analyst
County of Riverside Emergency Management Department
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 1 of 15 Initials
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 2 of 15 Initials
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 3 of 15 Initials
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.
The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department oragency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 4 of 15 Initials
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of governmentcontractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic riverssystem.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a ceaseand-desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. The Applicant is required to report to Riverside County Operational Area (Riverside County OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
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4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction
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and acquisition is $10,000 ormore;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistanceawards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
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awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
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31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
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37. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005.
Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.
Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or
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through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if Riverside County OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as notedabove.
Riverside County OA may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
a) Failure to submit required reports.
b) Failure to expend funding.
c) Failure to expend at least 90% or $5,000 (whichever is greater) of the award could affect future funding.
d) Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
e) Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
f) Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process
g) Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
h) Failure to follow grant agreement requirements or special conditions. i) False certification in the application or document.
j) Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
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All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County OA, Cal OES, or public scrutiny upon request.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
RESOLUTION NO. 2024-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA INCREASING REVENUE IN THE AMOUNT $8,946 FROM THE EMERGENCY MANAGEMENT PERFORMANCE GRANT; AND
INCREASING APPROPRIATION IN THE AMOUNT OF $8,946 AND
IDENTIFYING THE FIRE CHIEF AS THE AUTHORIZED AGENT TO ACT
ON BEHALF OF THE CITY OF NORCO IN ANY ACTIONS NECESSARY
FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL
ASSISTANCE PROVIDED BY THE FEDERAL DEPARTEMENT OF
HOMELAND SECURITY THROUGH THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) AND SUBGRANTED THROUGH THE
STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES
WHEREAS, the City of Norco desires to participate with State and local governmental agencies in improving responses to natural or man-made disasters through the EOC; and
WHEREAS, the City of Norco will receive, and accepts, an Emergency Management Performance Grant (EMPG) from the Governor’s Office of Homeland Security for Fiscal Year 2023 in the amount of $8,946 and agrees to match with a contribution of $8,946, funded from the City’s Information Technology Fund, for upgrades and to enhance the operation of the City of Norco Emergency Operation Center (EOC).
WHEREAS, the City of Norco is a California public entity and warrants and represents that it is eligible to receive federal financial assistance provided by the Federal Department of Homeland Security through the Federal Emergency Management Agency (FEMA) and sub-granted through the State of California Office of Emergency Services; and
WHEREAS, the Norco City Council identifies the Fire Chief as the Authorized Agent to execute for and on behalf of the City of Norco any actions necessary for the purpose of obtaining federal financial assistance from the Homeland Security Grant Program and Emergency Management Grant Program; and
NOW, THEREFORE, be it resolved that the City Council of the City of Norco, California, does hereby increase revenue in the amount of $8,946 from the emergency management performance grant; and increasing appropriation in the amount of $17,892 in the Information Technology Fund, and hereby resolves as follows:
SECTION 1: The Fire Chief is hereby designated as the Authorized Agent to execute for and on behalf of the City of Norco, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the Federal Department of Homeland Security through
Resolution No. 2024-34
June 5, 2024
the Federal Emergency Management Agency (FEMA) and sub-awarded through the State of California Department of Emergency Services.
PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on June 5, 2024.
_________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting held on June 5, 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 June 5, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
3.D.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Sam Nelson, Deputy City Engineer
Department: Public Works
SUBJECT:
Cooperative Funding Agreement between the City of Norco and the Riverside County Flood Control & Water Conservation District for the North Drive & Grulla Storm Drain Project
RECOMMENDATION:
Approve the Cooperative Funding Agreement between the City of Norco and Riverside County Flood Control & Water Conservation District (RCFC&WCD) to design and construct the North Drive & Grulla Storm Drain Project, subject to non-substantive changes and approval by the Riverside County Board of Supervisors; and authorize the Mayor to execute the agreement.
SUMMARY:
The City of Norco is preparing plans and specifications for the construction of the North Drive and Grulla Storm Drain Project located on North Drive, Viceroy Avenue, Pinto Place and Grulla Court (See Project Exhibit). RCFC&WCD has agreed to enter into a Cooperative Funding Agreement for design and construction of the proposed drainage facilities.
BACKGROUND:
The purpose of the Cooperative Funding Agreement is to memorialize the mutual understanding between both parties with respect to construction, ownership, operation and maintenance, including the funding contribution.
RCFC&WCD has agreed to contribute one hundred percent (100%) funding of the design contract bid price, ten percent (10%) for administration of the design, one hundred percent (100%) of costs associated with construction, one hundred percent (100%) of costs associated with utility relocations, ten percent (10%) for change order costs and fifteen percent (15%) for construction administration resulting in a not-toexceed contribution amount of $1,790,000.
Per the agreement, the City is responsible to prepare the design, specifications, plans, bid advertisement, inspection and project management during construction.
The project will be separated into two phases. Phase 1 will construct the downstream portion of the proposed storm drain from the pipe outlet to the California Avenue/Grulla Court knuckle, while Phase 2 will construct the remainder of the upstream storm drain.
The phasing is necessary in order to construct the new Grulla Lift Station project which is in close proximity to the new storm drain.
FISCAL IMPACT:
The North Drive & Grulla Storm Drain Project was approved as a Capital Improvement Project (CIP) for Fiscal Year 2023-24. Funds in the amount of $1,790,000 ($90,000 for design costs and $1,700,000 for construction costs; Project No. 4214.39, Account Nos. 129.935.43180 & 129.935.43180.30) have been budgeted for the project.
Per the Funding Agreement RCFC&WCD will reimburse the City for the project in the maximum amount of $1,790,000.
RELATIONSHIP TO STRATEGIC PLAN:
Execution of the Cooperative Funding Agreement for the North Drive & Grulla Storm Drain Project is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
PROJECT EXHIBIT
Funding AG - Norco N. Drive & Grulla SD
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
LEGEND
NORTH DRIVE AND GRULLA STORM DRAIN
PHASE 1
PHASE 2
NORTH DRIVE AND GRULLA STORM DRAIN
.
EXHIBIT A
Grulla Ct.
Pinto Pl.
Viceroy Ave.
Crestview Dr.
California Ave.
FUNDING AGREEMENT
PROJECT NO. 2-6-10038 2-0-10038
North Dr. Arlington Ave.
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FUNDING AGREEMENT
Norco North Drive and Grulla Storm Drain
Project No. 2-0-10038
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT") and the CITY OF NORCO, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". The Parties hereby agree as follows:
RECITALS
A. DISTRICT has budgeted for, and CITY has prepared plans and specifications ("IMPROVEMENT PLANS") for the construction, operation and maintenance of Norco North Drive and Grulla Storm Drain ("NORTH AND GRULLA STORM DRAIN") to provide drainage improvements for the immediate adjacent areas within CITY; and B. These IMPROVEMENT PLANS generally consist of the following:
1. NORTH AND GRULLA STORM DRAIN: approximately 2,800
lineal feet of underground storm drain system to reduce street and community flooding. The proposed storm drain pipe will collect flows from intersection of Crestview Drive and North Drive conveying them northwesterly into the Sana Ana River, as shown in blue on Exhibit "A" attached hereto and made a part hereof; and
2. Certain inlets, catch basin and connector pipes associated with NORTH AND GRULLA STORM DRAIN which will be constructed
to adequately collect and convey local flows within CITY-held easements or rights of way ("APPURTENANCES"); and
C. Together, NORTH AND GRULLA STORM DRAIN and
APPURTENANCES are hereinafter called "PROJECT"; and
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D. CITY plans to construct PROJECT in two phases:
1. "PHASE 1", which consists of the portion of PROJECT from the Santa Ana River to the intersection of Grulla Court and California Avenue.
2. "PHASE 2", which consists of the portion of PROJECT from the intersection of Grulla Court and California Avenue to the intersection of Crestview Drive and North Drive. PHASE 1 and PHASE 2 may be referred to individually as a "PHASE" or collectively as the "PHASES"; and
E. CITY plans to advertise, award and administer a public works construction contract for PHASE 1 and PHASE 2 during Fiscal Year 2024/2025; and F. CITY is willing to assume the lead role for PROJECT and, therefore, will provide the administrative, technical, managerial and support services necessary to plan, design and construct PROJECT; and
G. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority. UTILITY RELOCATIONS shall be included in the public works construction contract for each PHASE; and
H. CITY desires that DISTRICT contribute funding towards the construction of PROJECT; and
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I. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's construction along with associated administrative and ancillary costs subject to the not to exceed amount in RECITAL K; and J. DISTRICT's financial contributions shall be as follows:
1. One hundred percent (100%) of design proposal cost to offset CITY's costs associated with engineering design; hydrology and hydraulics; geotechnical analysis; potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA")
determination; preparation, application, and acquisition of the environmental clearance and permits if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN
CONTRIBUTION shall not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and
2. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
3. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PHASE 1 and the costs associated with UTILITY RELOCATIONS ("PHASE 1 BID PRICE"). In addition, any remaining funds may be used for PHASE 2 as defined below; and
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4. Up to one hundred percent (100%) of the lowest responsive and responsible bid contract amount for the construction of PHASE 2 and the costs associated with UTILITY RELOCATIONS ("PHASE 2 BID PRICE").
5. Up to an additional fifteen percent (15%) of PHASE 1 BID PRICE to offset CITY's administrative costs associated with construction, contract administration and other typical ancillary costs related to the delivery of PROJECT ("PHASE 1 CONSTRUCTION
ADMINISTRATION CONTRIBUTION"); and
6. Up to an additional fifteen percent (15%) of PHASE 2 BID PRICE to offset CITY's administrative costs associated with construction, contract administration and other typical ancillary costs related to the delivery of PROJECT ("PHASE 2 CONSTRUCTION
ADMINISTRATION CONTRIBUTION"); and
7. Up to an additional ten percent (10%) of PHASE 1 BID PRICE for construction contract change orders ("PHASE 1 CONSTRUCTION CHANGE ORDERS CONTRIBUTION"); and
8. Up to an additional ten percent (10%) of PHASE 2 BID PRICE for construction contract change orders ("PHASE 2 CONSTRUCTION CHANGE ORDERS CONTRIBUTION"); and
K. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN, PHASE 1 BID PRICE, PHASE 2 BID PRICE, PHASE 1 CONSTRUCTION ADMINISTRATION CONTRIBUTION, PHASE 2 CONSTRUCTION ADMINISTRATION CONTRIBUTION, PHASE 1 CONSTRUCTION CHANGE ORDERS CONTRIBUTION, and PHASE 2
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CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION"; and
L. TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total sum of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000); and M. DISTRICT wishes to provide only financial assistance to CITY and have no other role in PROJECT; and
N. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
CITY shall:
1. Pursuant to CEQA, act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.
2. Invoice DISTRICT (Attention: Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION upon execution of this Agreement. TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000) for PROJECT.
3. Prepare or cause to be prepared IMPROVEMENT PLANS for PHASE 1 and PHASE 2, in accordance with the applicable CITY standards.
4. CITY shall make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.
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5. Following the signing of IMPROVEMENT PLANS, invoice DISTRICT (Attention: Special Projects Section) for the (i) remaining fifty percent (50%) of DESIGN CONTRIBUTION and (ii) DESIGN ADMIN, and DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000).
6. Prior to advertising PROJECT for public works construction contract for each PHASE, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.
7. Upon execution of this Agreement, advertise, award and administer each PHASE pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS, specifications, bid documents and any subsequent addenda thereto.
8. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for each PHASE. The written notice shall include the Contractor's actual bid amounts for each PHASE, setting forth the lowest responsible bid contract amount.
9. At the time of providing written notice of the award of a construction contract for PHASE 1, as set forth in Section I.3 and Section I.5, invoice DISTRICT (Attention:
Special Projects Section) for PHASE 1BID PRICE, subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000) for PROJECT. PHASE 1 BID PRICE shall be supported by a copy of CITY's bid abstracts for PHASE 1.
10. At the time of providing written notice of the award of a construction contract for PHASE 2, as set forth in Section I.11, invoice DISTRICT (Attention: Special Projects Section) for PHASE 2 BID PRICE subject to and provided that TOTAL DISTRICT
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CONTRIBUTION does not exceed a total sum of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000) for the PROJECT. PHASE 2 BID PRICE shall be supported by a copy of CITY's bid abstracts for PHASE 1.
11. Order the relocation of all utilities within CITY rights of way which may conflict with the construction of PROJECT.
12. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) for each PHASE to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of any PHASE, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured.
CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
13. Construct or cause to be constructed, each PHASE pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.
14. Inspect construction of each PHASE or cause each PHASE's construction to be inspected by its construction manager.
15. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY employees on the site.
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16. Upon completion of construction for each PHASE and CITY's acceptance thereof, accept ownership and sole responsibility for the design, inspection, operation and maintenance of PHASE 1 and PHASE 2.
17. Upon completion of construction for each PHASE, provide DISTRICT with a copy of CITY's Notice of Completion for the respective PHASE.
18. Keep an accurate accounting of all PROJECT costs along with PHASE 1 CONSTRUCTION ADMINISTRATION CONTRIBUTION, PHASE 2 CONSTRUCTION ADMINISTRATION CONTRIBUTION, PHASE 1 CONSTRUCTION CHANGE ORDERS CONTRIBUTION and PHASE 2 CONSTRUCTION CHANGE ORDERS CONTRIBUTION, as set forth in RECITAL I. The final accounting of PROJECT costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.
19. At the time of providing a Notice of Completion for each PHASE, invoice DISTRICT (Attention: Special Projects Section) for the respective PHASE 1 CONSTRUCTION ADMINISTRATION CONTRIBUTION and PHASE 2 CONSTRUCTION
ADMINISTRATION CONTRIBUTION and, if applicable, the respective PHASE 1 CONSTRUCTION CHANGE ORDERS CONTRIBUTION and PHASE 2 CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided TOTAL DISTRICT CONTRIBUTION shall not exceed, One Million Seven Hundred Ninety Thousand Dollars ($1,790,000).
SECTION II
DISTRICT shall:
1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY's invoices and (ii) review and approve associated documents as described in the
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RECITALS and SECTION I of this Agreement, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed, One Million Seven Hundred Ninety Thousand Dollars ($1,790,000) for PROJECT.
2. Within thirty (30) days of CITY awarding PROJECT, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid; or (ii) three percent (3%) of lowest responsible bid contract price, less the value of any applicable project specific mitigation.
3. Not be responsible to pay any amounts that exceed TOTAL DISTRICT CONTRIBUTION for PROJECT.
SECTION III
It is further mutually agreed:
1. Notwithstanding any other provision herein this Agreement, TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000) and shall be used by CITY solely for the purpose of constructing PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.
2. In the event the actual construction cost for each PHASE is less than the respective BID PRICE, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for that PHASE.
3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.
4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their
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respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, representatives, independent contractors and subcontract) actual or alleged acts or omissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement including, but not limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.
5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.
7. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.
8. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
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RIVERSIDE COUNTY FLOOD CONTROL CITY OF NORCO
AND WATER CONSERVATION DISTRICT 2870 Clark Avenue
1995 Market Street Norco, CA 92860
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division
9. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
10. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
11. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution towards PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.
12. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
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13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.
14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.
15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
County Counsel
KIMBERLY RECTOR
Clerk of the Board
By
KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Norco
Norco North Drive and Grulla Storm Drain
Project No. 2-0-10038
5/2/24
MM:blj
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RECOMMENDED FOR APPROVAL: CITY OF NORCO
By
KEVIN BASH
Mayor
APPROVED AS TO FORM: ATTEST:
By
COLIN BURNS
City Attorney
By
DANA ROA, CMC
City Clerk
(SEAL)
Funding Agreement with City of Norco
Norco North Drive and Grulla Storm Drain
Project No. 2-0-10038
5/2/24
MM:blj
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
LEGEND
NORTH DRIVE AND GRULLA STORM DRAIN
PHASE 1
PHASE 2
NORTH DRIVE AND GRULLA STORM DRAIN
.
EXHIBIT A
City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
3.E.
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 Tender Agreement, bid and award of Contract for the MDP Line N-4 Storm Drain Project
RECOMMENDATION:
Approve the Tender Agreement between the City and Gray Casualty & Surety Company; award a contract to Kirtley Construction, Inc. dba TK Construction for construction of the MDP Line N-4 Storm Drain Project in the amount of $2,041,230; approve the appropriation in the amount of $637,677; and authorize the City Manager to approve contract change orders up to 10 percent of the total bid amount SUMMARY:
The City of Norco contracted with AID Builders, Inc. (AID) to construct the MDP Line N4 Storm Drain Project from the storm channel near I-15 Fwy on Fourth Street to Valley View Avenue and then partially north and south on Valley View Avenue. However, AID was unable to complete the project and the City terminated the contract. Over the past few months, the City has been working with the Performance Bond company used by AID to develop a new scope of work for the uncompleted portions of the project and to find a replacement contractor. The Surety has identified a new contractor and the City and Surety have developed a Tender Agreement that will allow the City to resume the construction work and be provided additional funding from the Surety.
BACKGROUND:
On March 15, 2023, the City awarded a contract to AID Builders, Inc. (AID) for the construction of the MDP Line N-5 Storm Drain Project in the amount of $1,829,725. The MDP Line N-4 Storm Drain project which runs along Fourth Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in
diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances (See Project Exhibit).
Unfortunately, the City had to terminate the contract in December 2023 due to AID's failure to complete the project. At the same time, Gray Casualty & Surety Company (Surety), the entity that issued the Performance Bond which guarantees that AID would complete the project, was notified of the termination. As a result, the Surety immediately got involved to engage the City and evaluate the status of the project.
Legally, the Surety is now responsible for getting the project completed in one of two ways: 1) Offer a "Tender Agreement" to the City that requires the Surety to conduct a due diligence process to find an acceptable contractor to complete the job, provide any additional funding needed above what the City has already allocated for the project, and then the City moves forward with the new contractor to complete the project; or 2) offer a "Take Over Agreement" in which all the elements of option 1 are the same, except the Surety hires a project manager to work directly with the new contractor to get the project completed. The City and Surety have agreed the best path forward is to utilize a Tender Agreement (see attached Tender Agreement).
Over the past couple months, the Surety and the City coordinated together to identify the uncompleted elements of the project to develop a new scope of work. The project did include a couple of minor change orders in the amount of $17,033 which increases the overall project budget to $1,846,758. The Surety and City reviewed the expenditures for the work that was invoiced and paid to AID ($363,701) and to one sub-contractor via a stop-notice ($79,504) and determined $443,205 was expended with $1,403,553 unspent. The Surety had the responsibility to conduct another bid process to identify and select a responsible contractor that could complete the project. As stated previously, the Surety must also provide the funding for any construction costs above the City-allocated project funds that remain available. After conducting a bid process, the Surety selected Kirtley Construction, Inc. dba TK Construction with a bid in the amount of $2,041,230 (see attached contract). Based on the new bid amount of $2,041,230 and the City funds remaining $1,403,553, the Surety will be responsible for providing the City $637,677 to fully fund the new construction agreement. This payment must be made within 10 days of approval of the agreement.
Based on a review of the proposed contactor's experience and financial funding being added to the project by the Surety, the City has developed a Contract for Kirtley Construction, Inc. dba TK Construction to complete the MDP Line N-4 Storm Drain Project in the amount of $2,041,230. Council is also being asked to approve the appropriation in the amount of $637,677 from the Surety for the project.
FISCAL IMPACT:
The current project has an existing project number and funding sources from the Storm Drain Fund (project 4214.26; 129.935.43180 & 129.935.4318.30) which was used to track project costs related to AID Builders Inc.
The current budget related to the Storm Drain portion of the project is $2,319,918 which is insufficient to fund the total estimated costs of $2,794,150 (the bid amount of $2,041,230 for construction of the remaining elements of the storm drain project, the
10% contingency, $40,000 for engineering and inspection support services plus the cost incurred to date in the amount of $508,797). However, with the additional funding being provided by the Surety in the amount of $637,677 will increase the total available budget to $2,957,595 which will be sufficient to complete the project.
RELATIONSHIP TO STRATEGIC PLAN:
Construction of the MDP Line N-4 Storm Drain Project is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Tender Agreement
TK Construction Proposal
TK Construction Contract
1 TENDER AGREEMENT
THIS TENDER AGREEMENT (the “Agreement”) is made as of June 5, 2024, and is by and among the City of Norco (“City”) and The Gray Casualty & Surety Company (“Surety”).
RECITALS
A. On or about April 2, 2023, the City awarded to AID Builders, Inc. (“Original Contractor”), the Public Works Agreement for the Norco MDP Line N-4 Storm Drain Project, located in the City of Norco, California (the “Project”). The said contract and all documents identified therein, and all specifications, drawings, Addenda, Amendments and Modifications are referred to collectively as the “Original Contract” or “Contract” and is attached hereto as Exhibit “A”.
Capitalized terms shall have the meaning provided in the Contract, unless otherwise defined in this Agreement.
B. On April 17, 2023, the Surety, as surety, issued Performance Bond No. GSI0100005 (the “Bond”), in the penal sum of $1,829,725.00 on behalf of the Original Contractor, as principal, and in favor of the City, as obligee.
C. On November 29, 2023, the City determined the Original Contractor to be in default and terminated the rights of the Original Contractor to proceed under the Contract (the “Termination”). Notwithstanding any provision herein to the contrary, all rights of the City against Original Contractor, and all rights of Original Contractor against the City, relating to the Contract, Project and Termination, are reserved.
D. As of the date of Original Contractor’s Termination, work remained to be performed under the Contract (“Remaining Work”).
E. The City made a demand upon the Surety to perform its obligations under the Bond.
In response, the Surety tendered Completing Contractor to the City to perform all required and remaining work under the Contract. The City accepts the Surety's tender under the terms and conditions of this Agreement.
F. On March 25, 2024, TK Construction (“Completing Contractor”) submitted a price proposal for performing the Remaining Work.
G. The City has reviewed the Completing Contractor’s price proposal for performing the Work in the amount of $2,041,230.00 (the “Completion Price”).
H. By entering into this Agreement, the Surety is acting in its capacity as a “performance bond surety” or “performing surety” and not as a “contractor,” and is acting for the purposes of mitigating the costs to complete the Remaining Work.
I. By entering into this Agreement, the City is acting in its capacity as “obligee” on the performance bond in accepting the Surety’s offer to tender the Completing Contractor and believes
2 that the Completing Contractor is competent and qualified to complete the Remaining Work in the best interest of the City.
THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties, intending to be legally bound hereto, agree as follows:
ARTICLE 1
INCORPORATION OF RECITALS
1.1 The Recitals set forth above are expressly incorporated herein and form a part of this Agreement.
ARTICLE 2
COMPLETION OF THE WORK BY COMPLETING CONTRACTOR
2.1 Definition. Contract Fund shall mean all funds payable under the Contract including unearned contract balance, all retained percentages and earned but unpaid progress pay estimates which are presently owed, but have not been paid to the Original Contractor. The Contract Fund amount is $1,403,553.05 subject to all reservations and conditions further set forth in Article 3. The Contract Fund will be available to fund the Completing Contractor. The portion of the Contract Fund that consists of all retained percentages and earned but unpaid amounts presently owed to the Original Contractor, will be available to fund the Completing Contractor pursuant to the terms of this Agreement. Notwithstanding the foregoing, nothing in this section is intended to waive or otherwise affect any claim or assertion by the City or Original Contractor with respect to damages caused or due to a party as a result of the Termination.
2.2 Tender and Engagement of Completing Contractor. The Surety hereby tenders the services of the Completing Contractor to the City, and the City hereby agrees and will contract directly with the Completing Contractor for performance of the unperformed work remaining under the Contract. The Work will be performed by the Completing Contractor in accordance with applicable terms and conditions of the Contract, except as modified by this Agreement.
2.3 Performance of the Work by the Completing Contractor. The parties understand that in exchange for the agreed upon payment from the City to the Completing Contractor for the Work in the amount of $2,041,230.00 (the “Completion Price”), Completing Contractor, as an independent contractor and not as an agent, servant, partner or joint venturer of the Surety or the City, will perform and complete the Remaining Work as if the Completing Contractor was the original contractor under the Contract. Completing Contractor’s proposal shall be supported by a performance bond and a payment bond provided by Completing Contractor and issued by an admitted surety insurer per Public Contract Code section 10221, in accordance with the Original Contract and this Agreement. Completing Contractor shall produce and serve upon the City a performance bond in the amount of $2,041,230.00, and a payment bond in the amount of $2,041,230.00. Such amounts represent 100% of the value of the Completion Contract. The performance bond shall name the City as obligee and Completing Contractor as principal, shall be effective the date of this Agreement, and shall guarantee performance of this Agreement. The bond form shall be the form prescribed in the Contract, and must be acceptable to the City. The surety shall be from the U. S. Department of the
3 Treasury’s Listing of Approved Sureties with the necessary capacity for the Completion Contract’s amount.
ARTICLE 3
CONTRACT FUNDS AND PAYMENT TO THE COMPLETING CONTRACTOR
3.1Accounting of Contract Funds. The City represents and warrants that the current status of the Contract and the calculation of the Contract Balance are as follows:
3.1.1 Original Contract Amount $1,829,725.00
3.1.2 Contract Modifications $17,032.80
3.1.3 Adjusted Contract Amount $1,846,757.80
3.1.4 Amount Paid to Original Contractor $443,204.75
3.1.5 Contract Fund/Contract Balance $1,403,553.05
The parties reserve the right to verify the accuracy of the Contract Fund.
3.2 Payment to the Completing Contractor. The City shall pay the Completion Price directly to the Completing Contractor, together with any adjustments thereto made pursuant to this Agreement and the Contract.
3.3 Procedures for Payment to the Completing Contractor. The City’s payment of the Completion Price to the Completing Contractor shall be made in the same manner and upon the same terms as set forth in the Contract and as modified by this Agreement as to time, amount and method of payment.
3.4 Payment by Surety to City. Within ten (10) calendar days of the complete execution of this Agreement, Surety will make payment by check to “City of Norco” in the total amount of $637,676.95, such payment amount being the difference between Completion Price and the Contract Fund and subject to all reservations set forth above in Section 3.1. Such check shall be made by the Surety to the City, and notification that such check has been tendered to the following address (notification by e-mail shall be made simultaneously to ______NA____________), at the same time as it tenders the Completing Contractor to the City:
City of Norco
Attention: Director of Public Works
2870 Clark Ave
Norco CA 92860
Surety’s payment to Obligee includes $79,520 to be used as payment for documented issues from the work installed by Principal. Any additional deficiencies found in the original contractors work, beyond what was outlined in the Completion Contractors proposal, that is identified as defective or requires correction by Completion Contractor must be reviewed and approved by the obligee and Surety before commencing the work. Obligee shall notify Surety of the deficiency issue for which
4 Obligee intends to request additional funds to complete the work. Surety shall have a reasonable time to investigate the issue and respond to Obligee’s notification. Surety shall provide agreed upon additional funds within (thirty) 30 days of signature of a change order between Obligee, Surety and Completion Contractor.
Notwithstanding anything in this Agreement to the contrary, the parties agree that the penal sum of the Bond shall not exceed $1,829,725.00 and shall not be increased by change orders
3.5 Payment by Surety on Payment Bond Claims. The Surety agrees to pay all valid Payment Bond claims in accordance with the terms and conditions of the Payment Bond issued by Surety for the Project, and applicable law, and to hold the City harmless on any existing claims or lawsuits on the Payment Bond. This Agreement does not affect the terms, conditions or obligations of Surety pursuant to the Payment Bond.
ARTICLE 4
ADMINISTRATION
4.1 Administration of this Agreement. City shall administer this Agreement and the Work with respect to the Completing Contractor on the same basis and to the same extent as the City was required by the Contract to administer the Contract and the Work with respect to the Original Contractor.
ARTICLE 5
MUTUAL & SPECIFIC RESERVATION OF RIGHTS & DEFENSES
5.1 Except to the extent expressly provided for to the contrary in this Agreement, neither this Agreement nor any provision hereof shall be deemed or construed to be an admission or concession of liability of any kind or nature by Original Contractor or City or a waiver of: (i) any of the rights or claims of Original Contractor in relation to the Contract including, but not limited to, the claim that the City wrongfully terminated Original Contractor, the Original Contractor’s claims for pending change orders, including but not limited to change orders, claims, extensions of time, delays, disruptions, acceleration, and wrongful termination; (ii) any rights or claims of Surety for pending change orders, or (iii) any rights or claims of the City in relation to the Contract, with the Original Contractor, and the City specifically reserving all of the foregoing rights, defenses and claims, as it is the understanding and intention of the parties that any claims or contentions which may have been made or which may be made in relation to the Contract including alleged breaches thereof by the Original Contractor, on the one hand, and by the City, on the other, are in no way affected by this Agreement, and by entering into this Agreement the parties recognize that any and all rights, defenses or claims which Original Contractor may believe itself to have against the City or the City may believe itself to have against the Original Contractor in relation to the Contract are in no way impaired or reduced by this Agreement and are fully reserved.
Notwithstanding these potential rights, defenses and claims, however, and in the interest of expediting the completion of the Project to minimize the damages of the ultimately responsible parties, Surety has agreed to tender the remaining Work, subject to: (x) the penal amounts of the
5 bonds, (y) this mutual reservation of rights, defenses and claims, and (z) the terms and conditions of this Agreement.
ARTICLE 6
RELEASE
6.1 Release by City. Subject to the reserved claims and/or defenses set forth in this Agreement, upon execution of this Agreement, and receipt of the Tender Payment, the City hereby fully, finally, completely and forever releases and discharges the Surety of and from any and all liability, loss, damages, debts, claims, demands, suits, actions, causes of action and/or obligations, of any nature whatsoever, at law or in equity, whether accrued or unaccrued and whether known or unknown at the time this Agreement is executed, arising under, relating to, or in connection with the Work, the Contract, the Bond, and the Project. Notwithstanding any other provision to the contrary, this Agreement does not affect the terms, conditions or obligations of Surety pursuant to the Payment Bond.
6.2 Waiver of 1542. Subject to the reserved claims and/or defenses set forth in this Agreement, the City agrees, represents, and warrants that the matters released are not limited to matters which are known or disclosed to it and that it hereby waives any and all rights and benefits which they now have, or in the future may have, under the provisions of Section 1542 of the California Civil Code, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
The City understands and hereby waives the provisions of Section 1542 to the fullest extent permitted by law.
6.3 Reserved Claim. The releases set forth herein in Paragraphs 6.1 and 6.2 above expressly exclude claims regarding any “latent deficiency” (as that phrase is defined in California Code of Civil Procedure Section 337.15 and to the extent such a claim would be covered by the Original Contract) for materials furnished and/or services provided by Original Contractor to the Project or breach of any contractual warranty arising out of or related to materials furnished and/or services provided by Original Contractor to the Project.
Surety is bound by and agrees to warrant the Project to the extent of any such warranty provided by Original Contractor under the terms of the Original Contract.
ARTICLE 7
MISCELLANEOUS PROVISIONS
6 7.1 No Admissions. The making of this Agreement is not intended to be, and shall not be construed, as an admission of, any issue of law or fact or an admission of liability on the part of the City, the Surety, or the Original Contractor.
7.2 No Third-Party Beneficiaries. This Agreement is not intended, and shall not be construed, to create any third-party beneficiaries or to confer any benefit upon, or create, acknowledge, revive, or enlarge an enforceable right of, anyone other than the parties hereto.
7.3 No Waiver as Against Third Parties. This Agreement is not intended, and shall not be construed, to waive or prejudice any rights, remedies, claims, or defenses which the Surety or the Original Contractor may have or hereafter acquire against persons or entities not a signatory hereto, and all such rights, remedies, claims and defenses are hereby expressly reserved.
7.4 No Acknowledgement by the Surety. By performing its obligations under the Bond and by this Agreement tendering the Completing Contractor and undertaking certain payment and other obligations as provided herein, all of which is in an effort to mitigate losses, the Surety does not acknowledge the validity of the default of the Original Contractor under the Contract, the Termination, or the performance demand on the Bond.
7.5 No Acknowledgement by the City. By performing its obligations under this Agreement, the City does not acknowledge the validity of the Original Contractor’s claim that the termination for default was not valid.
7.6 Notices. Any notice required or permitted to be given under this Agreement and/or the Contract shall be in writing and delivered to the parties as follows:
If to the Surety:
Hannah LaFrance, Claims counsel
The Gray Casualty & Surety Company
1625 West Causeway Approach
Mandeville, LA 70471
(504) 754-6675
[email protected]
with copy to:
Amanda L. Marutzky, Esq.
WATT, TIEDER, HOFFAR & FITZGERALD, LLP
4 Park Plaza, Ste. 1000
Irvine, CA 92614
(949) 852-6760
[email protected]
If to the City:
7 City of Norco
2870 Clark Avenue
Norco, CA 92860
Attn: Chad Blais
Any notice hereunder may be sent by email transmission and shall be deemed delivered on the date it was transmitted, if transmitted during regular business hours where delivered, and on the following business day if transmitted after regular business hours.
7.8 Entire Agreement; Amendments. This Agreement, including all documents incorporated herein by reference (including, but not limited to, the Contract, all of its amendments, modifications, and attachments, and any and all documents incorporated into the Contract) and the Bond, constitutes the entire agreement regarding the subject matter hereof by and between the parties hereto and supersedes any prior oral or written agreements or understandings. There have been no oral or other agreements of any kind whatsoever as a condition precedent to, or to induce the execution and delivery of, this Agreement. This Agreement may not be changed, altered, amended or otherwise modified except by a writing signed and acknowledged by the parties hereto in the same manner as this Agreement.
7.9 Successors and Assigns. This Agreement shall extend to and bind the parties hereto and their successors and assigns.
7.10 Authority To Execute. The representative executing this Agreement on behalf of each party hereby represents and warrants that he or she has full power and authority to execute this Agreement on behalf of such party and that all approvals and other actions necessary in connection with the effective execution by him or her have been obtained and are in full force and effect as of his or her execution hereof.
7.11 Duplicate Originals. Duplicate originals of this Agreement shall be executed by the parties, one of which will be retained by each party.
7.12 Counterparts; Effectiveness. This Agreement may be executed in any numbers of counterparts, and electronically transmitted signatures shall be deemed effective. Each counterpart shall be deemed an original of this Agreement and all of the counterparts together shall constitute one in the same instrument. This Agreement shall become effective when executed and electronically exchanged by all parties.
7.13 Construction. Each party represents that it has (i) read this Agreement, (ii) had the opportunity to confer with legal counsel concerning its terms, and (iii) agrees to be bound by its terms and conditions. The parties further agree that each has reviewed and participated in the drafting of this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretations of this Agreement.
7.14 Headings. The headings of the articles, paragraphs and subparagraphs of this Agreement are inserted for convenience only and are not part of this Agreement and do not in any
8 way limit or modify the terms or provisions of this Agreement and shall not affect the interpretation hereof.
The parties are signing this Agreement as of the date stated in the introductory clause.
GRAY CASUALTY & SURETY COMPANY
Signature:
Name:
Title:
Date: May ___, 2024
CITY OF NORCO
Signature:
Name: Kevin Bash - Mayor
Attest:
Signature
Name: Dana Roa, CMC, City Clerk
Approved as to Form
Signature:
Name: Colin Burns, City Attorney
20233493.1 104700.00003
Leigh Anne Henican
13 Sr. Vice President of Claims
Kirtley Construction, Inc. P.O. Box 9608, San Bernardino, CA 92427 License #811801
TK Construction
Phone: (909) 473-8739
Fax: (909) 473-3067
April 17, 2024
City of Norco
2870 Clark Ave.
Norco, CA 92860
RE: Final Completion Proposal to the City of Norco
Project: Norco N4 Strom Drain
David King, Vice President
Cell: 909-663-4030
Email: [email protected]
Kirtley Construction, Inc. P.O. Box 9608, San Bernardino, CA 92427 License #811801
TK Construction
Phone: (909) 473-8739
Fax: (909) 473-3067
March 25, 2024
Guardian Group
2350 W. 205th Street
Torrance, CA 90501
Attn: Ed Bennet P.E.
Re: N4 Storm Drain Repair Analysis
We have reviewed the inspection video performed by Houston and Harris on March 6th, 2024, and we have made the following observations along with suggestions for repair. Please note, all structural evaluations would need to be analyzed and confirmed by an individual with an engineering background and familiarity with reinforced concrete pipe.
Here is a list of the damages observed on the inspection videos, our analysis of each, and a reasonable solution to each.
#1 Issue: Debris
This is a simple fix. We will flush the pipe of all debris after which we would video the pipe again paying close attention to the areas that were missed during the initial inspection video.
Solution:
Clean and video again.
#2 Issue: Interior surface damage (Cracks, spalling, and voids) Surface damage does not look to be significant. We feel the reinforced nature of the pipe used in this application is in good condition despite the aesthetics of the interior damage (cracks and spalling). Areas of spalling look to be caused by the installation companies use of steel equipment forks to lift the pipe during installation. This is a frequent practice that can create unappealing aesthetic damage.
Solution
Using approved mortar, we can fill cracks and spalling to alleviate aesthetic concerns and, in the areas where there may be structural concerns, we can use the same mortar to fill in voids and level out transitions.
Kirtley Construction, Inc. P.O. Box 9608, San Bernardino, CA 92427 License #811801 #3 Issue: Hole soil visible.
There are a few spots where there are holes and soil is visible. In these areas we cannot attest to the structural integrity of the pipe, but we feel we can adequately repair these with the use of approved mortar to fill the voids. There may be the need to drill and anchor metal webbing for mortar to adhere to. This repair method would need further assistance in determining the proper procedure.
Below is the order of operations to get the existing pipeline up to standard.
1. Pothole and confirm elevation at end of installation (where we tie in).
2. Make sure elevation matches that of initial contract elevation requirement.
3. Flush and clean interior of pipeline.
4. Video line again, focusing on areas missed in the first video inspection. (Houston & Harris)
5. Assess new video to ensure no structural issues were overlooked.
6. Mortar all joint, cracks, voids, and spalling.
7. Final inspection video (Houston & Harris).
8. Continue with new installation.
Thank you and we look forward to working with you on this project.
David King, Vice President
Cell: 909-499-9576
Email: [email protected]
1 of 2
Company Name: Date:
Attention of:
Project Number: BN
This Proposal is based on:
We hereby submit an estimate for:
Item
1 2
3 4
5 6
7 Proposal Total: $79,520.00
Additional notes on sheet 2
Proposal assumes flood control access from channel.
Dirt debris will be removed as much by hand. Rest to be flushed into channel.
It is assumed that only dirt and rocks will be cleaned from interior.
No flagmen for traffic control.
Assume N4 storm drain project will have started so we can secure or own staging yard.
Proposal Assumptions and Notes
Final inspection video. Subcontractor: Houston and Harris 3,900.00 $ Haul away all spoils from pipe interior. 2,800.00 $
Flush and clean interior of pipeline. Hand work anticipated. 14,990.00 $ Video Line - Not being performed, redundant. - $
Mortar all joints, cracks, and excess spalling. Confined space entry equipment. 49,600.00 $ Mobilization and staking existing mainline end points. Subcontractor: Bonadiman Eng. 3,980.00 $ Pothole existing mainline end points to confirm elevation accuracy. 4,250.00 $ Project Description Sub-Total
Email: [email protected] Estimator: David King State Prevailing Wages
Phone #: 1-310-320-0320 City / State / Zip Norco, CA
Fax #: 1-310-320-0120
City / State / Zip Torrance, CA 90501 240205 CO_1
Project Address: 4th Street
Ed Bennett, P.E..
Address: 2350 W. 205th Street, Project Name: Norco N4 Storm Drain
PROPOSAL
PROPOSAL SUBMITTED TO: Page No.
Guardian Group Wednesday, March 27, 2024
TK CONSTRUCTION
P.O. BOX 9608, SAN BERNARDINO, CA 92427
(909)473-8739
Fax (909) 473-3067
License #811801
Project Number: BN 2 of 2
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We hereby propose to furnish labor - complete in accordance with the above specifications, for the sum of The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
ACCEPTED: SIGNATURE
DATE: SIGNATURE
Authorized Signature
ACCEPTANCE OF PROPOSAL
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accident or delays beyond our control. This proposal subject to acceptance within 30 days and it is void thereafter at the option of the undersigned. with payments to be made as follows:
Payment to be made upon completion of project
Technical Specs Dated: N/A
Plans dated: N/A
Seventy Nine Thousand Five Hundred and Twenty Dollars $79,520.00 No hazardous waste removal, soil testing, or environmental testing.
Items removed from proposal may result in an increase to other items due to shared costs. 240205 CO_1 Page No.
Project Specific Notes:
Owner to provide: permit fees if required
All work to be done in one mobilization. Additional mobilizations will be billed as extra.
David King
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CITY OF NORCO
NORCO MDP LINE N-4 STORM DRAIN PROJECT
AGREEMENT
1. Parties and Date.
This Agreement is made and entered into this 5th day of June, 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 Kirtley 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 MDP Line N-4 Storm Drain Project on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in constructing storm drain improvements for public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
The City desires to engage the Contractor to render such services for the Norco MDP Line N-4 Storm Drain Project (“Project”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to construct the improvements outlined by the Project. The Project is more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Project shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The terms of this Agreement shall begin at the Notice to Proceed and shall extend 57 working days. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Project shall be constructed by Contractor or under its supervision. Contractor will determine the means, methods and details of constructing the Project subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any additional personnel constructing the Project under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with the construction of the Project under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall construct the Project expeditiously, within the term of this Agreement, and in accordance with the Project timeframe set forth herein.
Contractor represents that it has the professional and technical personnel required to construct the Project in conformance with such conditions. In order to facilitate Contractor’s conformance with the Project timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Project timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates 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
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of whatever nature that are legally required to construct the Project, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to construct the Project in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any work on the Project.
3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete the Project under this Agreement within the term set forth in Section 3.1.2 above (“Term”). Contractor shall construct the Project in strict accordance with any timeframe provided herein, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Project is not completed within the aforementioned Term and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $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”
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and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal to the completed value of the project with no coinsurance penalty provisions. (Only required if the project includes new construction of a building; or renovation of, or addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (Unless waived in
writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is required for all environmental and water remediation work and for all work transporting fuel. Unless waived in writing by the City Manager or his/her designee in his/her sole discretion, Contractors Pollution Liability is also required for demolition, renovation, HVAC, plumbing or electrical (including, without limitation, lighting) work on any structure built prior to the year 1990.) insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.
In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any
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asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and “microbial matter including mold” within the definition of “Pollution” under the policy.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee in his/her sole discretion. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The Contractors Pollution Liability insurance policy shall be written on either an occurrence form, or a claims-made form. The General Liability (including ongoing operations and completed operations), Automobile Liability and Contractors Pollution Liability insurance policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents.
The Builders Risk (Course of Construction) insurance policy shall be endorsed to name the City as a loss payee. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.
Claims-Made Policies – If any coverage required is written on a claimsmade coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
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(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee in his/her sole discretion prior to City’s execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Contract.
If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.
If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance
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protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In constructing the Project, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Bonds.
3.2.11.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.11.2 Payment Bond. Contractor shall execute and
provide to City concurrently with this Agreement a Payment Bond in the amount of the total, notto-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by City.
3.2.11.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.11.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted.
The surety must be a California admitted surety with a current A.M. Best’s rating no less than
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A:VIII and satisfactory to the City. If a California admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all construction services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other
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documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
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.
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3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
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referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services.
For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Contractor: TK Construction
*By:
________________________________________________
Signature
________________________________________________
Name and Title
OWNER: CITY OF NORCO, a municipal corporation
*By:
________________________________________________
Kevin Bash, Mayor
ATTEST:
________________________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________________________
Colin Burns, City Attorney
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EXHIBIT A
Scope of NORCO MDP LINE N-4 STORM DRAIN PROJECT
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
The services shall be performed in accordance with the Standard Specifications for Public Works Construction (Green Book), latest edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as “Standard Specifications”) incorporated herein by this reference. Any provisions which supplement or modify the Standard Specifications are attached hereto as Special Provisions and incorporated herein by this reference.
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EXHIBIT B
Proposal Document
Kirtley Construction, Inc. P.O. Box 9608, San Bernardino, CA 92427 License #811801
TK Construction
Phone: (909) 473-8739
Fax: (909) 473-3067
April 17, 2024
City of Norco
2870 Clark Ave.
Norco, CA 92860
RE: Final Completion Proposal to the City of Norco
Project: Norco N4 Strom Drain
David King, Vice President
Cell: 909-663-4030
Email: [email protected]
Kirtley Construction, Inc. P.O. Box 9608, San Bernardino, CA 92427 License #811801
TK Construction
Phone: (909) 473-8739
Fax: (909) 473-3067
March 25, 2024
Guardian Group
2350 W. 205th Street
Torrance, CA 90501
Attn: Ed Bennet P.E.
Re: N4 Storm Drain Repair Analysis
We have reviewed the inspection video performed by Houston and Harris on March 6th, 2024, and we have made the following observations along with suggestions for repair. Please note, all structural evaluations would need to be analyzed and confirmed by an individual with an engineering background and familiarity with reinforced concrete pipe.
Here is a list of the damages observed on the inspection videos, our analysis of each, and a reasonable solution to each.
#1 Issue: Debris
This is a simple fix. We will flush the pipe of all debris after which we would video the pipe again paying close attention to the areas that were missed during the initial inspection video.
Solution:
Clean and video again.
#2 Issue: Interior surface damage (Cracks, spalling, and voids) Surface damage does not look to be significant. We feel the reinforced nature of the pipe used in this application is in good condition despite the aesthetics of the interior damage (cracks and spalling). Areas of spalling look to be caused by the installation companies use of steel equipment forks to lift the pipe during installation. This is a frequent practice that can create unappealing aesthetic damage.
Solution
Using approved mortar, we can fill cracks and spalling to alleviate aesthetic concerns and, in the areas where there may be structural concerns, we can use the same mortar to fill in voids and level out transitions.
Kirtley Construction, Inc. P.O. Box 9608, San Bernardino, CA 92427 License #811801 #3 Issue: Hole soil visible.
There are a few spots where there are holes and soil is visible. In these areas we cannot attest to the structural integrity of the pipe, but we feel we can adequately repair these with the use of approved mortar to fill the voids. There may be the need to drill and anchor metal webbing for mortar to adhere to. This repair method would need further assistance in determining the proper procedure.
Below is the order of operations to get the existing pipeline up to standard.
1. Pothole and confirm elevation at end of installation (where we tie in).
2. Make sure elevation matches that of initial contract elevation requirement.
3. Flush and clean interior of pipeline.
4. Video line again, focusing on areas missed in the first video inspection. (Houston & Harris)
5. Assess new video to ensure no structural issues were overlooked.
6. Mortar all joint, cracks, voids, and spalling.
7. Final inspection video (Houston & Harris).
8. Continue with new installation.
Thank you and we look forward to working with you on this project.
David King, Vice President
Cell: 909-499-9576
Email: [email protected]
1 of 2
Company Name: Date:
Attention of:
Project Number: BN
This Proposal is based on:
We hereby submit an estimate for:
Item
1 2
3 4
5 6
7 Proposal Total: $79,520.00
Additional notes on sheet 2
Proposal assumes flood control access from channel.
Dirt debris will be removed as much by hand. Rest to be flushed into channel.
It is assumed that only dirt and rocks will be cleaned from interior.
No flagmen for traffic control.
Assume N4 storm drain project will have started so we can secure or own staging yard.
Proposal Assumptions and Notes
Final inspection video. Subcontractor: Houston and Harris 3,900.00 $ Haul away all spoils from pipe interior. 2,800.00 $
Flush and clean interior of pipeline. Hand work anticipated. 14,990.00 $ Video Line - Not being performed, redundant. - $
Mortar all joints, cracks, and excess spalling. Confined space entry equipment. 49,600.00 $ Mobilization and staking existing mainline end points. Subcontractor: Bonadiman Eng. 3,980.00 $ Pothole existing mainline end points to confirm elevation accuracy. 4,250.00 $ Project Description Sub-Total
Email: [email protected] Estimator: David King State Prevailing Wages
Phone #: 1-310-320-0320 City / State / Zip Norco, CA
Fax #: 1-310-320-0120
City / State / Zip Torrance, CA 90501 240205 CO_1
Project Address: 4th Street
Ed Bennett, P.E..
Address: 2350 W. 205th Street, Project Name: Norco N4 Storm Drain
PROPOSAL
PROPOSAL SUBMITTED TO: Page No.
Guardian Group Wednesday, March 27, 2024
TK CONSTRUCTION
P.O. BOX 9608, SAN BERNARDINO, CA 92427
(909)473-8739
Fax (909) 473-3067
License #811801
Project Number: BN 2 of 2
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We hereby propose to furnish labor - complete in accordance with the above specifications, for the sum of The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
ACCEPTED: SIGNATURE
DATE: SIGNATURE
Authorized Signature
ACCEPTANCE OF PROPOSAL
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accident or delays beyond our control. This proposal subject to acceptance within 30 days and it is void thereafter at the option of the undersigned. with payments to be made as follows:
Payment to be made upon completion of project
Technical Specs Dated: N/A
Plans dated: N/A
Seventy Nine Thousand Five Hundred and Twenty Dollars $79,520.00 No hazardous waste removal, soil testing, or environmental testing.
Items removed from proposal may result in an increase to other items due to shared costs. 240205 CO_1 Page No.
Project Specific Notes:
Owner to provide: permit fees if required
All work to be done in one mobilization. Additional mobilizations will be billed as extra.
David King
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CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________________________ ___________________________________________________________ (hereinafter designated as the “Contractor”), an agreement for the work described as follows:
NORCO MDP LINE N-4 STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ____________________________________________, the undersigned Contractor, as Principal, and ____________________________________ ________________________________, a corporation organized and existing under the laws of the State of____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco in the sum of ______________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators,
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successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 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).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.
Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:
NORCO MDP LINE N-4 STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer. (hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ ______________________________________________________________________ _
a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
________________________________________________________________Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will
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and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2024.
PRINCIPAL/CONTRACTOR:
_____________________________________
By: __________________________________
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SURETY:
_____________________________________
By: __________________________________
Attorney-in-Fact
The rate of premium on this bond is ________________________ per thousand.
The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________
_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________
_______________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On ______________________, before me, __________________________________, personally appeared _________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature (SEAL)
NOTE:
A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.
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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.
9. Description of Project:
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NORCO MDP LINE N-4 STORM DRAIN PROJECT
The general items of work to be done hereunder consist of:
The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents, Specifications and Plans for the above stated project. The general items of work to be done hereunder consist of construction of Riverside County Flood Control and Water Conservation District (RCFC&WCD) Master Drainage Plan Line N-4 which runs along 4th Street, starting approximately 30-feet northeast of the existing connection to the North Norco Channel to Valley View, continuing south on Valley View approximately 280-linear feet including the Lateral extending north on Valley View for approximately 460-linear feet. Project includes installation of RCP pipe 18”, 24” and 36” in diameter, HDPE pipe 18” in diameter, manholes, junction structures, curb and gutter, pavement replacement, local depressions, utility relocations as necessary, PCC sidewalk, AC paving, concrete bulkhead and any other necessary appurtenances and related work to the satisfaction and acceptance of the City Engineer.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
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(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________
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AUTOMOBILE LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________
1. Insurance Company _____________________________________________ Policy Number _____________________
2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________
3. Named Insured________________________________________________
4. Address of Named Insured________________________________________
5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________
6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this
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policy shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.
5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
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C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
____________________________________________________
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________
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WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________
1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________
2. Effective Date of this Endorsement ________________________________
3. Named Insured_________________________________________________
4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.
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C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________
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City Council
STAFF REPORT
Date: June 5, 2024 Agenda Item:
3.F.
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 Proposals and Award of Multi-Year Contract for On-Call SCADA Integration Services
RECOMMENDATION:
Accept the proposal submitted for On-Call SCADA Integration Services, award a multiyear contract to CDM Smith dba CDM Constructors Inc. located in Rancho Cucamonga, California, and authorize the City Manager to issue a purchase order in an amount notto-exceed $180,000 annually for Fiscal Years 2024-2025 through 2026-2027.
SUMMARY:
Staff is requesting that the City Council accept the proposal, award a multi-year contract to CDM Smith, dba CDM Constructors Inc., and authorize the City Manager to issue a purchase order in an amount not-to-exceed $180,000 annually for fiscal years 2024- 2025 through 2026-2027.
BACKGROUND:
Staff issued a Request for Qualifications (RFQ) on April 15, 2024, for a multi-year oncall SCADA services contract and on May 10, 2021, one proposal was received from the City’s current contractor CDM Smith. The proposed multi-year contract calls for oncall SCADA integration services, including trouble shooting, programming, report generation, report writing, support, and modifications for water treatment plant, wastewater lift stations, reservoirs, SCADA systems, installation of miscellaneous hardware, etc. CDM Smith’s proposal included an overview of job experience with SCADA system, list of references and cost sheets for staff billing rates based on job title/function.
CDM Smith was originally awarded a contract in 2018, the current on-call SCADA services contract in June 2021, and the contract expires June 30, 2024. Staff has been very satisfied with CDM Smith’s overall performance over the last six years and their
ability to handle communication issues remotely and in-person has worked well for the City. CDM Smith is located in Rancho Cucamonga, California and will continue to provide many of the services remotely through a secured internet connection but the close proximity to Norco also facilitates reasonable response times as issues arise that may require onsite assistance. CDM Smith has provided an update transmittal letter and rate sheet for the next fiscal year (see attached).
FISCAL IMPACT:
Adequate funding has been made available in the proposed 2024-25 Water Operations Fund (124-804-34100, $90,000) and Sewer Operations Fund (126-809-34100, $90,000). Subsequent appropriations will be included in the corresponding fiscal year's Operating Budgets.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of the SCADA services contract is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
CDM Smith Proposal
CDM Constructors SCADA Contract
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
City of Norco Public Works - On-Call SCADA Integration Services (2024-2026) May 9, 2024
Mr. Chad Blais, Director Public Works
City of Norco, Department of Public Works
2870 Clark Avenue
Norco, CA 92860
RE: On-Call Supervisory Control and Data Acquisition (SCADA) Integration Services Dear Mr. Blais:
CDM Constructors Inc. (CDM Smith) has expressed an interest continuing providing On-Call Supervisory Control and Data Acquisition (SCADA) Integration Services. CDM Smith is pleased to submit our proposal for SCADA Integration Services for the City of Norco (City), Department of Public Works. As a leading water and wastewater design and construction firm, CDM Smith maintains a highly-experienced automation design staff that provides the full suite of SCADA and data management services. CDM Smith’s automation professionals have provided planning, design, implementation, start-up, and training services for SCADA systems, and computer-based monitoring and control systems for more than 1,000 water, wastewater, and stormwater projects throughout the world. From large-scale integration and automation of multiple water treatment and distribution system assets to small, stand-alone systems, CDM Smith has the expertise to design, construct, and implement cost-effective and reliable solutions for any sized project. CDM Smith values the partnership and collaboration we have had for the last six years providing services under the current On-Call Supervisory Control and Data Acquisition (SCADA) Integration Services contract. In the last six year we have been able to:
Optimized existing Telemetry System communication to reduce the number of loss of communication calls maintenance staff received.
Respond within 30 minutes, Contract requirement was within 2 hours. Provide SCADA oversight on existing construction projects (Bluff Street WTP, Booster PS and Reservoir 8 & 9) Provided recommendations on how to optimize current telemetry infrastructure. Provide efficient value-added services on the electrical system, field instruments, and PLC.
As demonstrated in our current support service, we have successfully designed and constructed and provided programming services at facilities similar to those of the City’s. CDM Smith has carefully staffed its proposed team with key professionals who were selected based on their technical leadership, expertise in their respective fields, and managerial strength related to these areas of work. Our team is committed to continue to provide the prompt response and the outstanding client service expected by the City.
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
City of Norco Public Works - On-Call SCADA Integration Services (2024-2026) As part of this proposal CDM Smith has provided billing rates for your information. Please feel free to contact Mike Bantz at (909) 579-3482 ([email protected]) or Chris Aviña at (909) 579-3483 if you have any questions regarding our proposal.
Sincerely,
Best Regards,
Chris Aviña
CDM Smith
Associate | West Area Leader
Electrical/Automation Construction Division
9220 Cleveland Ave, Ste 100 | Rancho Cucamonga, CA 91730 | Ph: (909) 579-3500 x-63483 | Fax: (909) 980-5185
Cell: (562) 244-0537
[email protected]
www.cdmsmith.com
UL508A Listed Panel Shop.
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
CDM Constructors Inc.
INSTRUMENTATION AND CONTROL / SCADA
2024-2025 BILLING RATES FOR
CITY OF NORCO PUBLIC WORKS
Categories Rate
PROFESSIONAL / CONSTRUCTION SERVICES:
Application Engineer:
Automation Specialist 1 $128.10
Automation Specialist 2 $150.33
Automation Specialist 3 $183.04
Construction Managers:
Assistant Project Manager $150.33
Project Manager $211.65
Senior Project Manager $228.20
Construction Superintendent:
Electrical General Superintendent $189.00
Construction Field Support:
Electrician – Apprentice (75%) $89.11
Electrician – Journeyman $128.10
Electrician - Foreman $152.49
Electrician – General Foreman $161.52
Instrument Tech $150.33
Construction Project Eng./Estimator:
Field Engineer $105.82
Project Engineer I $128.10
Project Engineer II $150.33
Senior Project Engineer $217.21
Estimator $211.65
Panel Shop Support:
Designer Drafter 1 $105.82
Panel Fabricator $83.54
Panel Shop Foreman $122.52
Panel Shop Manager $155.95
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
Procurement:
Procurement Specialist $128.10
Construction Staff Support:
Administrative Assistant $81.31
Project Controls $155.95
Contract Administrator $122.52
Health & Safety:
Project Health & Safety Officer $161.52
Regional Health & Safety Manager $211.65
Notes:
• Add 5% labor escalation per year
• Time will commence when the call is received, effort begins, whether by phone support (Call or Text), remote access or start of mobilization to the City of Norco. • Rates apply to service provided Monday through Friday 7:00am to 5:00pm PST. Evening rates from 5:00pm to 7:00am PST the next day, as well as Saturday are time and a half the standard rate.
Sundays and Holidays are double the standard rate.
• Time spent on support or in travel will be charged in 1/2-hour increments. • The City to provide CDM Smith remote access, to expedite problem and minimize travel cost to the city
• Mileage to be charged at Federal rates (currently 67.0 cents per mile). Mileage to be reimbursed from starting point of mobilization to CDM Smith, Rancho Cucamonga office return destination. • Special tooling, test equipment, software, licensing, 3rd party consultants, materials, consumable
items, and other direct costs shall be billed at cost plus 15% • All fueled equipment rates (rented or owned) are based on a fuel cost of $5.50 per gallon • Small tools such as cordless drills and hand tools are included in construction labor rates
CITY OF NORCO
PROFESSIONAL SERVICES AGREEMENT
WITH CDM SMITH DBA CDM CONSTRUCTORS INC.
FOR
PROFESSIONAL ON-CALL SCADA INTEGRATION SERVICES
(FISCAL YEARS 2025-2027)
1. Parties and Date.
This Agreement is made and entered into this 5th day of June, 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 CDM Smith dba CDM Constructors Inc., a corporation with its principal place of business at 9220 Cleveland Ave, Suite 100, Rancho Cucamonga, CA 91730 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for providing professional on-call SCADA integration services (Fiscal Years 2025-2027), on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing on-call SCADA integration services for public clients, that it and its employees or subconsultants 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 Services.
The City desires to engage the Consultant to render such professional on-call SCADA integration services for the City’s water, sewer and recycled water system (“Services”) as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional on-call SCADA integration services. The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Services 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 on July 1, 2024 to June 30, 2027. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Consultant.
The Services shall be provided by Consultant. Consultant will determine the means, methods and details of providing the necessary Services subject to the requirements of this Agreement. City retains Consultant on an independent Consultant basis and not as an employee. Any additional personnel conducting Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with conducting Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the timeframe set forth herein. Consultant represents that it has the professional and technical personnel required to provide Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Services timeframe, City shall respond to Consultant’s Requests for Information in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Services timeframe.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of 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. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Consultant’s Representative. Consultant hereby designates Bryan Craig – Delivery Leader, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, 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 Services under this Agreement.
3.2.6 Coordination of Services. Consultant agrees to work closely with City staff in providing said Services 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. Consultant shall provide services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to provide on-call SCADA integration services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience for said services. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide SCADA integration services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subConsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to complete the Services in a manner acceptable to the City, shall be promptly removed by the Consultant and shall not be reemployed to perform any work for the City.
3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant 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.
3.2.8.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at
any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours.
The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.8 or any of its subsections.
3.2.8.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.
3.2.8.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.8.1 or 3.2.8.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.8.2); or (3) failure to immediately remove any person found not to be in compliance with such requirements.
3.2.8.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.8.5 Equal Opportunity Employment. Consultant
represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.8.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Consultant shall not
commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion.
The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$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 $2,000,000 general aggregate applying separately to the work performed under the Contract
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non
owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) 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) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to VVTA, its board members, officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to VVTA’s Executive Director or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and
volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.
Should Consultant maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to VVTA for review.
5. These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Consultant or any of its subconsultants fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with
said copy certified by the underwriter to be a true and correct copy of the original policy.
This requirement shall survive expiration or termination of this Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, subconsultants, subconsultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subconsultants' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subconsultant.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In providing Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, 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.
3.3 Fees and Payments.
3.3.1 Rates and Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all design services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed by Consultant. The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 Ownership of Materials and Confidentiality
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of the City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on
file for a minimum of five (5) years following completion of said Services, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time, provided that any such use not within the purposes intended by this Agreement without employing the services of Consultant shall be at City’s sole risk.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
CDM Constructors Inc.
9220 Cleveland Ave, Suite 100
Ranch Cucamonga, CA 91730
Attention: Bryan Craig – Delivery Leader
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, fortyeight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.6.5 Indemnification. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend the 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City’s Right to Employ Other Consultants. City reserves right to employ other Consultants in connection with said Services.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 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.
3.6.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 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.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Name of Consultant: CDM Smith dba CDM Constructors, Inc. *By:
__________________________
Signature
Bryan Craig – Delivery Leader
OWNER: CITY OF NORCO, a municipal corporation
*By:
___________________________
Kevin Bash, Mayor
ATTEST:
___________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
___________________________
Colin Burns, City Attorney
EXHIBIT A
On-Call SCADA Integration Services – Fiscal Years 2025-2027 The City of Norco is seeking on-call SCADA integration services, including trouble shooting, programming, report generation, report writing, support, and modifications for water treatment plant, wastewater lift stations, reservoirs SCADA systems, etc.
On an on-call and/or emergency basis, Service Provider shall provide software, hardware, instrumentation, radio, computer network communications, electrical, and computer repair or replacement services. The service provider shall be available yearround and available on a 24-hour/7-day basis. For emergency services, a 30-minute maximum call back response time with a 2-hour maximum on-site response is required.
For on-call services, services shall be scheduled to occur within two weeks. Service Provider shall provide best management practices in protecting the SCADA system when using non-City computers or peripherals.
EXHIBIT B
Proposal Document
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
City of Norco Public Works - On-Call SCADA Integration Services (2024-2026) May 9, 2024
Mr. Chad Blais, Director Public Works
City of Norco, Department of Public Works
2870 Clark Avenue
Norco, CA 92860
RE: On-Call Supervisory Control and Data Acquisition (SCADA) Integration Services Dear Mr. Blais:
CDM Constructors Inc. (CDM Smith) has expressed an interest continuing providing On-Call Supervisory Control and Data Acquisition (SCADA) Integration Services. CDM Smith is pleased to submit our proposal for SCADA Integration Services for the City of Norco (City), Department of Public Works. As a leading water and wastewater design and construction firm, CDM Smith maintains a highly-experienced automation design staff that provides the full suite of SCADA and data management services. CDM Smith’s automation professionals have provided planning, design, implementation, start-up, and training services for SCADA systems, and computer-based monitoring and control systems for more than 1,000 water, wastewater, and stormwater projects throughout the world. From large-scale integration and automation of multiple water treatment and distribution system assets to small, stand-alone systems, CDM Smith has the expertise to design, construct, and implement cost-effective and reliable solutions for any sized project. CDM Smith values the partnership and collaboration we have had for the last six years providing services under the current On-Call Supervisory Control and Data Acquisition (SCADA) Integration Services contract. In the last six year we have been able to:
Optimized existing Telemetry System communication to reduce the number of loss of communication calls maintenance staff received.
Respond within 30 minutes, Contract requirement was within 2 hours. Provide SCADA oversight on existing construction projects (Bluff Street WTP, Booster PS and Reservoir 8 & 9) Provided recommendations on how to optimize current telemetry infrastructure. Provide efficient value-added services on the electrical system, field instruments, and PLC.
As demonstrated in our current support service, we have successfully designed and constructed and provided programming services at facilities similar to those of the City’s. CDM Smith has carefully staffed its proposed team with key professionals who were selected based on their technical leadership, expertise in their respective fields, and managerial strength related to these areas of work. Our team is committed to continue to provide the prompt response and the outstanding client service expected by the City.
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
City of Norco Public Works - On-Call SCADA Integration Services (2024-2026) As part of this proposal CDM Smith has provided billing rates for your information. Please feel free to contact Mike Bantz at (909) 579-3482 ([email protected]) or Chris Aviña at (909) 579-3483 if you have any questions regarding our proposal.
Sincerely,
Best Regards,
Chris Aviña
CDM Smith
Associate | West Area Leader
Electrical/Automation Construction Division
9220 Cleveland Ave, Ste 100 | Rancho Cucamonga, CA 91730 | Ph: (909) 579-3500 x-63483 | Fax: (909) 980-5185
Cell: (562) 244-0537
[email protected]
www.cdmsmith.com
UL508A Listed Panel Shop.
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
CDM Constructors Inc.
INSTRUMENTATION AND CONTROL / SCADA
2024-2025 BILLING RATES FOR
CITY OF NORCO PUBLIC WORKS
Categories Rate
PROFESSIONAL / CONSTRUCTION SERVICES:
Application Engineer:
Automation Specialist 1 $128.10
Automation Specialist 2 $150.33
Automation Specialist 3 $183.04
Construction Managers:
Assistant Project Manager $150.33
Project Manager $211.65
Senior Project Manager $228.20
Construction Superintendent:
Electrical General Superintendent $189.00
Construction Field Support:
Electrician – Apprentice (75%) $89.11
Electrician – Journeyman $128.10
Electrician - Foreman $152.49
Electrician – General Foreman $161.52
Instrument Tech $150.33
Construction Project Eng./Estimator:
Field Engineer $105.82
Project Engineer I $128.10
Project Engineer II $150.33
Senior Project Engineer $217.21
Estimator $211.65
Panel Shop Support:
Designer Drafter 1 $105.82
Panel Fabricator $83.54
Panel Shop Foreman $122.52
Panel Shop Manager $155.95
9220 Cleveland Avenue Ste 100
Rancho Cucamonga, CA 92336
tel: 909 579-3469
Procurement:
Procurement Specialist $128.10
Construction Staff Support:
Administrative Assistant $81.31
Project Controls $155.95
Contract Administrator $122.52
Health & Safety:
Project Health & Safety Officer $161.52
Regional Health & Safety Manager $211.65
Notes:
• Add 5% labor escalation per year
• Time will commence when the call is received, effort begins, whether by phone support (Call or Text), remote access or start of mobilization to the City of Norco. • Rates apply to service provided Monday through Friday 7:00am to 5:00pm PST. Evening rates from 5:00pm to 7:00am PST the next day, as well as Saturday are time and a half the standard rate.
Sundays and Holidays are double the standard rate.
• Time spent on support or in travel will be charged in 1/2-hour increments. • The City to provide CDM Smith remote access, to expedite problem and minimize travel cost to the city
• Mileage to be charged at Federal rates (currently 67.0 cents per mile). Mileage to be reimbursed from starting point of mobilization to CDM Smith, Rancho Cucamonga office return destination. • Special tooling, test equipment, software, licensing, 3rd party consultants, materials, consumable
items, and other direct costs shall be billed at cost plus 15% • All fueled equipment rates (rented or owned) are based on a fuel cost of $5.50 per gallon • Small tools such as cordless drills and hand tools are included in construction labor rates
GENERAL LIABILITY ENDORSEMENT
CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
(951) 270-5677
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.