CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT (“Agreement”) is made and effective 07th day of June, 2022 by and between the City of Beaumont, a municipal corporation (“CITY”), and TSR Construction, 8264 Avenida Leon, Rancho Cucamonga, CA 91730 (“CONTRACTOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Rangel Park Improvement Project (hereinafter “Project”). CITY’s Invitation for Bids (“Invitation”) for the Project, dated 01st day of March, 2022, and CONTRACTOR’s Bid in response to the Invitation, dated June 07, 2022, are attached hereto as Exhibits “A” and “B”, respectively and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.
By entering into this Agreement, CONTRACTOR acknowledges that there may be oth er contractors on the site whose work will be coordinated with that of its own.
CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of o ther separate contractors, the CITY, the Construction Manager, the Engineer, or utilities.
CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference or other events.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule, attached hereto as Exhibit “C” and incorporated herein by this reference. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. 461
Item 14.
III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the lump sum of Ninety Two Thousand Eight Hundred and Forty Dollars, ($92,840.00) (“Contract Sum”). Except for change orders approved by City as provided in this Agreement, Contractor shall complete the Project for an amount not to exceed the Contract Sum.
IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Engineer by the CONTRACTOR and Certificates for Payment issued by the Engineer, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions, which are fully incorporated into this Agreement by this reference.
This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
462
Item 14.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
VI. PREVAILING WAGES
A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
VII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
VIII. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer. 463
Item 14.
464
Item 14.
IX. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
X. INSURANCE
Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “D” are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
A. Types of Insurance
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:
465
Item 14.
1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
4. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
466
Item 14.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
6. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an “all risk” basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, 467
Item 14.
materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
B. Other provisions or requirements
1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed 468
Item 14.
by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the C ONTRACTOR.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, 469
Item 14.
and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
14. CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
470
Item 14.
XI. CONTRACTOR’S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.
XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.
CONTRACTOR must ensure registration with the DIR that is active and in good standing.
C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
D. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
471
Item 14.
XIII. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Gabriel Zapirtan whose title is President is authorized to act for and bind the corporation.
XIV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
XV. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or 472
Item 14.
by law which pertain to the resolution of disputes and protests between the contracting parties.
XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
Notice Inviting Bids
Scope of Work Summary
Information for Bidders
Bid Form
Non-Collusion Affidavit
Site Visit Certification
Faithful Performance Bond
Labor and Materials Payment Bond
General and Supplemental Conditions
Special Conditions
Project Construction Schedule
Proposed Subcontractors
Bid Bond
Information Required of Bidder
Construction Services Agreement
Certificate Regarding Worker’s
Compensation
Drug-free Workplace Certification
Plans and Specifications
Addenda
Drawings
Change Orders
Shop Drawing Transmittals
Contractor’s Certificate Regarding
Non-Asbestos Containing Materials
All of the above named CONTRACT DOCUMENTS are intended to be complementary.
Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.
XVII. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
[Signatures on following page.]
473
Item 14.
14 SIGNATURE PAGE TO
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
CITY:
CITY OF BEAUMONT
By: ________________________________
Lloyd White, Mayor
CONTRACTOR:
________________________________
By: ______________________________
Print Name: _______________________
Title: _____________________________
ATTEST:
By:________________________
Steven Mehlman, City Clerk
APPROVED AS TO FORM:
By:___________________________
John O. Pinkney, City Attorney
474
Item 14.
15 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “A”
CITY’S INVITATION FOR BIDS
(Insert behind this page.)
475
Item 14.
16 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “B”
CONTRACTOR’S Bid
(Insert behind this page.)
476
Item 14.
17 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “C”
Project Construction Schedule
(Insert behind this page.)
477
Item 14.
18 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “D”
Insurance Certificates and Endorsements
(Insert behind this page.)
478
Item 14.
479
Item 14.
480
Item 14.
481
Item 14.
482
Item 14.
483
Item 14.
484
Item 14.
485
Item 14.
LIC:A/B 881123 FIN:562620017
PROPOSAL
8264 AVENIDA LEON
RANCHO CUCAMONGA, CA 91730
TEL (909) 331-2249
FAX (909) 987-7519
PROPOSAL SUBMITTED TO:
Name: CITY OF BEAUMONT
Phone: 951 769 8520 Date: 5/12/2022
Street: 550 E 6TH ST
City: BEAUMONT
State: CA Zip: 92223
I propose to furnish all materials and perform all labor necessary to complete the following:
RANGEL PARK CONCRETE PROJECT
Remove send and grade for future improvements around sidewalk( owner responsible for backfill)
Remove send and dirt from future playground(owner responsible for backfill) Set and pour 6’’ curb apr. 120’
TOTAL- $ 7,600
Any alterations or deviation from the above specifications involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. Labor guaranteed 30 days unless otherwise stated
Customer accepts proposal as contract
Customer has the right to cancel within three days of signing this contract Labor guaranteed 30 days unless otherwise stated.
A penalty will be charged at the rate of 11.2 % per month on unpaid balances after 30 days of invoice date. Annual percentage rate 18%
Authorized Signature
486
Item 14.
LIC:A/B 881123 FIN:562620017
487
Item 14.
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE June 7, 2022
SUBJECT: Award an Installation Agreement with Open Apps for an Online Automated Control System for Sports Field Lights and Electrical Upgrade at Rangel Park in an Amount Not to Exceed $46,750
Background and Analysis:
On March 1, 2022, City Council approved a revised site plan for the Rangel Park Improvement Project CIP No. P-11. The plan includes various improvements such as installation of a two-goal basketball court, a new playground, landscaping and improvements to Valdivia Field. One improvement which spans the entirety of the park is enhanced LED light fixtures, upgraded electrical feed to the park and a fully automated field light control system.
The City of Beaumont currently utilizes Open Apps/Lights on Sites, Inc., to provide automated lighting controls at the Beaumont Sport Park and Stewart Park. The system has a proven record of tracking use and providing accurate billing for light usage. Lights on Sites Inc., also allows for sports fields, including the lights, to be used by the community at large, increasing the number of users who have access to the fields.
Each field is equipped with signage that includes a QR Code that users can walk up to and scan that will allow them to create a log in account and instantly pay from their phone for a specific amount of field time with lights. This same system is proposed to be installed at Rangel Park. To change from this system or to add a competitors system would be detrimental to the organization and would cause more work to financially track and operate the lights controls throughout our entire city. As such, this sole source contract was pursued to maintain consistency amongst the light control systems already in use throughout the community.
The quote includes the cost of installation, re-routing the Edison feed, a new electrical weatherproof enclosure, and all electrical components for field lights.
488
Item 15.
Fiscal Impact:
The total costs for installation of automated lighting controls and field lighting is $46,750 and will be funded from account CIP No. P-11.
Recommended Action:
Approve an installation agreement in an amount not to exceed $46,750 with Open Apps/Lights on Sites, Inc., for an online automated control system for sports field lights and electrical upgrade at Rangel Park.
Attachments:
A. Installation Agreement
B. Quote
489
Item 15.
490
Item 15.
491
Item 15.
492
Item 15.
493
Item 15.
494
Item 15.
495
Item 15.
496
Item 15.
497
Item 15.
498
Item 15.
499
Item 15.
500
Item 15.
501
Item 15.
Invoice
DATE
4/15/2022
INVOICE #
22-0415-876
BILL TO
City of Beaumont
Kevin Norville
550 E. 6th Street
Beaumont, CA 92223
SHIP TO
P. O. Box 184
Brea, CA 92822-0184
714-257-0520
P.O. NO.TERMS PROJECT
Rangel Park
Total
Balance Due
Part No.DESCRIPTIONItemQTY RATE AMOUNT
Rangel Park - Power system
Misc Material Electrical System for Park Main Electrical power Outdoor Rated PAD Mounted 3 section Power Panel.
Panel overall size - 90H x 96W X 35D
Section 1 Controls Lighting and Irrigation – Irrigation controls provided by other.
Automated controls with Hand -Off-Auto capability
Power connection for:
Field Lighting 3 contactors
Parking lighting 2 contactors
Scoreboard 1 contactor
Section 2 Circuit Breaker Panel 4 wire 120/240 VAC 125
main CB
Circuit 1,3,5 - “Back Stop” Lighting 30 amp CB 3
pole – 120% Load factor, Amp requirement 18 amps per leg Circuit 2,4,6 - ”Infield” Lighting 30 amp CB 3
pole – 120% Load factor, Amp requirement 14 amps per leg Circuit 7,9,11 - “Back Stop” lighting 30 amp CB 3
pole – 120% Load factor, Amp requirement 12 amps per leg Circuit 8,10 - “Parking Lot South” lighting 40 amp
CB 2 pole – 120% Load factor, Amp requirement 20 amps
Circuit 12 - “Controls Power” lighting 15 amp
CB 1 pole – 120% Load factor, Amp requirement 6 amps
Circuit 13 - “Score Board” 15 amp CB 1 pole –
120% Load factor, Amp requirement 10 amps
Circuit 15,17 - “Parking Lot North” lighting 40
amp CB 2 pole – 120% Load factor, Amp requirement 20
amps
Circuit 14 - “Infield Receptacle” 15 amp CB 1
pole – 120% Load factor, Amp requirement 10 amps
Circuit 16 - “Spare” 20 amp CB 1 pole – 120%
Load factor, Amp requirement 15 amps
Circuit 18,20- “Restroom Building” lighting 60 amp
CB 2 pole – 120% Load factor, Amp requirement 46 amps
Section 3 Meter Section 200 amp 4 wire 240 VAC 3 phase
1 1 46,750.00 46,750.00T
Item 15.
Invoice
DATE
4/15/2022
INVOICE #
22-0415-876
BILL TO
City of Beaumont
Kevin Norville
550 E. 6th Street
Beaumont, CA 92223
SHIP TO
P. O. Box 184
Brea, CA 92822-0184
714-257-0520
P.O. NO.TERMS PROJECT
Rangel Park
Total
Balance Due
Part No.DESCRIPTIONItemQTY RATE AMOUNT
meter socket with incoming wire section bottom entry.
All wiring bottom entry
Painting Ansi Grey
Item 15.
Invoice
DATE
4/15/2022
INVOICE #
22-0415-876
BILL TO
City of Beaumont
Kevin Norville
550 E. 6th Street
Beaumont, CA 92223
SHIP TO
P. O. Box 184
Brea, CA 92822-0184
714-257-0520
P.O. NO.TERMS PROJECT
Rangel Park
Total
Balance Due
Part No.DESCRIPTIONItemQTY RATE AMOUNT
Shipping Shipping is FOB Factory
Freight prepay and add to:
Rangel Park
204 B Street
Beaumont, CA 92223
Lift for mounting and setting provided by others.
0.00 0.00
Terms 1 Terms for special expedite
50% with order
50% prior to shipment
Lead-time is 10 weeks from receipt of order.
Installation provided by others.
0.00 0.00
0.00
$46,750.00
$46,750.00
504
Item 15.
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE June 7, 2022
SUBJECT: Approve a Maintenance Service Agreement in the Amount Not to Exceed $49,100 with UC Fence Inc., for Ballfield Fence Improvements at Rangel Park
Background and Analysis:
On March 1, 2022, City Council approved a revised site plan for the Rangel Park Improvement Project CIP No. P-11. The plan includes various improvements such as installation of a two-goal basketball court, a new playground, landscaping and improvements to Valdivia Field.
Per Beaumont Municipal Code 3.01.040 Bidding Requirements for Maintenance and General Services, City staff obtained quotes and selected UC Fence Inc., in the amount of $20,365 to begin repairs of the existing fence at Rangel Park with the following scope of work:
Removal and replacement of existing chain-link fence along first base and third base. Installation of several new posts.
Repairs to the right field section of fence that was during bathroom installation. Addition of bottom rail to existing chain-link on the first and third base sides. Relocation of existing 3rd base dugout gate to new location for ADA access.
Following the leveling of the field, it was discovered that portions of the existing fence were located subsurface and required significant repairs beyond the original scope of work. As staff began to observe the condition of the fence once work began on the field emergency conditions were noted. As the rusty and exposed jagged fence became more prevalent and the risk of injury to individuals and park users was a concern, the decision to move forward with adding additional ma intenance and replacement was made. Per the Municipal Code Section 3.01.100 (A) the City Manager may take direct and immediate action required by the emergency. To address this immediate concern UC Fence Inc., was requested to provide a quote to perform additional work at Rangel Park.
505
Item 16.
City staff has obtained a proposal for the remaining repairs which include:
Replace bottom rail of outfield fence: $6,100
Replace 11’ section of outfield fence: $29,500
Installation of rod iron fence surrounding new playground: $13,500
The outstanding scope of work totals $49,100 and City staff is requesting a Maintenance Services Agreement be approved for this scope of work.
Fiscal Impact:
The costs for additional field fence improvement is $49,100 and will be funded from account CIP No. P-11.
Recommended Action:
Approve a Maintenance Services Agreement in an amount not to exceed $49,100 for the ballfield fence maintenance, removal, replacement and installation of new fencing at Rangel Park.
Attachments:
A. Agreement for Maintenance Services
B. Quote
506
Item 16.
AGREEMENT FOR MAINTENANCE SERVICES
THIS AGREEMENT FOR MAINTENANCE SERVICES is made and effective as of the 07 day of June, 2022 by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E.6th Street, Beaumont, California 92223 and UC Fence, whose address is PO Box 1736, San Bernardino, CA 92402 ("CONTRACTOR").
RECITALS
A.CONTRACTOR submitted a proposal ("Proposal") in response to a request from the CITY to provide certain services, which Proposal is attached hereto as Exhibit "A" and made a paii hereof by this reference; and
B.CITY desires to engage CONTRACTOR to provide the services provided for in the Proposal; and
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1.Term of Agreement. This Agreement is effective as of the date first above written and shall continue until completion of the services ("Services") provided for in the Proposal.
Contractor shall commence the Services on or before June 8, 2022 and shall complete the Services no later than July 8, 2022. Notwithstanding the forgoing, City may terminate this Agreement upon written notice to Contractor, provided it pays Contractor for all services provide prior to termination.
2.Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
3.Compensation.
3.01 CONTRACTOR shall be paid at the rates set forth in the Proposal.
Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR for the completion of the Services under this Agreement shall not exceed Forty Nine Thousand and One Hundred Dollars ($49,100.00).
4.Obligations of CONTRACTOR.
4.01 In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
507
Item 16.
508
Item 16.
509
Item 16.
510
Item 16.
511
Item 16.
512
Item 16.
513
Item 16.
514
Item 16.
515
Item 16.
516
Item 16.
517
Item 16.
518
Item 16.
519
Item 16.
520
Item 16.
521
Item 16.
522
Item 16.
523
Item 16.
524
Item 16.
UC FENCE
P.O.Box 1736
San Bernardino,CA 92402
License #1011496
Phone #909-889-4800 Email:[email protected]
Fax#909-889-5737 Website: www.ucfence.com
Contract
Sales Consultant:Eric Prien
Phone:(909)781-0805
CUSTOMER INFORMATION
Customer Name:City of Beaumont -Maintenance Yard
Site Address:713 W.4th Street
City:Beaumont State:CA Zip:92223
Home Phone:Cell:Work:
Email:
=?_?es
CONTRACT PRICE:$5,450
Included Sales Tax:
40%Down Payment:
Balance Upon Completion:$5,450
Note:See Attached Plot Plan Initials
Special Notes:.Costs include all taxes,labor,materials and complete installation.Excludes permits.
Includes all other work needed for finished project
See requested itemized costs below:MAINTENANCE YARD
*Replace 14°Chainlink rolling gate using 9 gauge chainlink fabric.
Replace all guide rails and support posts:$5,200
*Service existing Gate Operator to determine if it is in working condition:$250 (UC Fence will quote parts or an entirely new operator depending on assesment.) By signing below,you agree to pay the amount in said contract and according to the terms thereof.Special orders require a non- refundable,50%down payment.No material returns on special orders.wood fence colors may vary by board.Any claim arising out of or relating to this contract or breach thereof shall be settled by binding arbitration in accordance with the uniform rules for better business arbitration and the judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.this contract may be withdrawn by "UC FENCE"at any time and for any reason.there is a one year warranty on all workmanship described.All work is to be performed in accordance with the drawings and specifications submitted for the above information.
Per California state Law,customer has 72 hours after signing to cancel this agreement.Cancellation request must be submitted in writing to:"UC FENCE",P.O.Box 1736,San Bernardino,CA 92402."UC FENCE?is not responsible for any water irrigation lines within 2'of project installation.
Customer Signature:Date:
UC FENCE Representative:Eric Prien Date:5/10/2022
525
Item 16.
UC FENCE Contract
P.O.Box 1736
San Bernardino,CA 92402
License #1011496 Sales Consultant:Eric Prien
Phone #909-889-4800 Email:[email protected] Phone:(909)781-0805 Fax#909-889-5737 Website: www.ucfence.com
CUSTOMER INFORMATION
SL
Customer Name:City of Beaumont -Rangel Park Baseball Field Site Address:4th street and Olive Ave.II
City:Beaumont State:CA Zip:92223
Home Phone:Cell:Work:
Email:
a
CONTRACT PRICE:40%Down Payment:
Ee
Included Sales Tax:Balance Upon Completion:
Note:See Attached Plot Plan Initials
Special Notes:.Costs include all taxes,labor,materials and complete installation.Excludes pennits. includes all other work needed for finished project
See requested itemized costs below:RANGEL PARK
1.)Approxitmately 400?of 1-5/8"bottom rail for the outfield of the Baseball Field:$6,100
2.)Remove 400'of the existing Chainlink fence and replace with 400'new 11?high new 11-1/2 gauge chain-link fence:$29,500
3.)Remove chainlink(only 6 in height)and replace with new 6'high 11-1/2 gauge Chainlink with top and bottom rail:$22,500
4.)Steel Fence perimeter at playground area at 4?high closed picket and approximately 150'in diameter:$13,500 BY U T DEeUw,you agree WO pdy a OU ard CO a ald accord
refundable,50%down payment.No material returns on special orders.wood fence colors may vary by board.Any claim arising out of or relating to this contract or breach thereof shall be settled by binding arbitration in accordance with the uniform rules for better business arbitration and the judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.this contract may be withdrawn by "UC FENCE"at any time and for any reason.there is a one year warranty on all workmanship described.All work is to be performed in accordance with the drawings and specifications submitted for the above information.
Per California state Law,customer has 72 hours after signing to cancel this agreement.Cancellation request must be submitted in writing to:"UC FENCE",P.O.Box 1736,San Bernardino,CA 92402."UC FENCE"is not responsible for any water irrigation lines within 2'of project installation.
Date:
Customer Signature:
UC FENCE Representative:Eric Prien Date:5/10/2022
ES
526
Item 16.
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, Interim City Manager
DATE June 7, 2022
SUBJECT: Authorize First Amendment to the Chief of Police Employment Agreement
Background and Analysis:
The City Manager and Chief of Police engage in labor negotiations on an annual basis as it relates to the anniversary of the appointment as Police Chief, March 15, 2016. In January 2022 staff began reviewing and analyzing the results of a compensation study conducted by Ralph Andersen and Associates. As a result of this analysis, memoranda of understanding were approved by the City Council with the Police Officers Association on January 4, 2022, and the Police Management Unit on February 15, 2022. No across the board increases were awarded to any one labor group. However, the City agreed to increase salary ranges for all classifications in the unit to the median of the agencies compared in the study. That review and analysis found the total compensation package including cash, insurance and retirement for the Chief of Police classification is currently
14.2% below median.
During negotiations, the Chief of Police requested an additional six months of severance in the event the City intends to utilize section 4.2(b) “Termination by City for Convenience and Without Cause” clause of the employment contract. This request is due to extensive executive recruitment timelines, as well as the lengthy background process for law enforcement, which differs significantly from that of civilian executives.
All proposed changes are reflected in the attached First Amendment to the Chief of Police employment agreement and detailed below.
Changes include the following:
1. Effective January 7, 2022, Employee’s base gross annual salary will be increased by ten percent (10%) from $230,006.40 to $253,863.96. 527
Item 17.
2. Effective January 7, 2022, the City shall contribute 5% or $1,057.76 per month to the employee’s individual 457(b) deferred compensation account. Previously, there was no City contribution.
3. Effective June 7, 2022, Employee termination by City for convenience shall be changed from six (6) months to twelve (12) months.
Fiscal Impact:
The existing contract provides for an annual fully loaded fiscal impact of $431,069. The First Amendment will result in an annual, fully loaded fiscal impact of $482,116, which is an increase of $51,047. The projected increase for the remainder of FY 21/22 is approximately $25,525.
Staff estimates the cost to prepare this report to be $975.
Recommended Action:
Authorize the Mayor to execute the First Amendment to the Chief of Police Employment Agreement.
Attachments:
A. First Amendment to the Chief of Police Employment Agreement. 528
Item 17.
1 FIRST AMENDMENT
TO
CHIEF OF POLICE EMPLOYMENT AGREEMENT
This First Amendment to the CHIEF OF POLICE EMPLOYMENT AGREEMENT (“Employment Agreement”) is made and entered into this _____ day of June, 2022 (the “Effective Date”), by and between the City of Beaumont (“City”) and Chief of Police Sean Thuilliez (Employee”).
WHEREAS , EMPLOYEE is currently employed as Chief of Police for CITY pursuant to an agreement entitled “Chief of Police Agreement,” dated February 21, 2017; WHEREAS, based on EMPLOYEE’s qualifications and ability, CITY desires that EMPLOYEE c o n t i n u e to serve as the Chief of Police for CITY; WHEREAS, EMPLOYEE desires to continue performing the duties of Chief of Police for CITY; and
WHEREAS, EMPLOYEE and CITY acknowledge and agree that this Agreement is not covered by and shall supersede the Memorandum of Understanding between City of Beaumont and Police Management as Individuals Effective January 7, 2022 (“Police Management Group MOU”); and
WHEREAS, the Parties wish to amend the terms and conditions of t he Em pl o ym ent A gr eem ent ; and
NOW, THEREFORE, for valuable consideration the adequacy of which is hereby admitted, it is mutually agreed as follows:
A. Section 2.1 of the Employment Agreement shall be amended to read as follows:
2.1 Base Salary. Commencing on January 7, 2022 and after approval of this First Amendment, EMPLOYEE shall receive a base annual salary of two hundred fifty three thousand eight hundred sixty three dollars and ninety six cents ($253,863.96) per year (hereinafter the “Base Salary”). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for the year 2022, may be adjusted from time-to-time by the City Manager following a performance evaluation, as provided for in Section 2.2 (below). In no event shall EMPLOYEE’s base salary adjust automatically pursuant to any mechanism, and in no event shall EMPLOYEE’s base salary exceed the maximum amount approved by the City Council, including in the City’s Salary Chart or any other salary table or other document that may be adopted by the City Council in the future.
The Base Salary shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other management employees of CITY. EMPLOYEE’s salary shall be subject to customary withholding for taxes and other required deductions.
529
Item 17.
2 B. Section 2.3 (b) shall be added to the Employment Agreement and shall read as follows:
(b) Deferred Compensation Account. Commencing on January 7, 2022 and after approval of this First Amendment, and for the duration of EMPLOYEE’s employment as Chief of Police, the CITY shall contribute $1,057.76 per month to the EMPLOYEE’s individual 457(b) deferred compensation account.
C. Section 4.2 (b) of the Employment Agreement shall be amended to read as follows:
(b) Notwithstanding anything herein to the contrary, CITY may, in its discretion, terminate EMPLOYEE for the reasons of “incompatibility of management styles” or “change in administration of CITY”. In the event that CITY terminates EMPLOYEE for either or both such reasons, CITY will provide EMPLOYEE with a “severance payment” in an amount equal to twelve (12) months Base Salary, provided EMPLOYEE has executed a full and final release of any and all actual or potential claims (including a Civil Code Section 1542 release). The severance payment shall be less any and all applicable or legally required deductions. The “severance payment” shall be paid to EMPLOYEE in addition to the accrued vacation and/or sick leave and administrative/personal leave as provided above together with any extension of benefits required under California law. The foregoing notwithstanding, in no event shall the “severance payment” include the payment of any sums prohibited pursuant to Government Code Section 53260-53264, and any such sums shall be deducted from the “severance payment.” Other than as amended above, all other terms of the Employment Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Chief of Police Employment Agreement as of the day and year first written above. “CITY”
CITY OF BEAUMONT
By:________________________
Lloyd White, Mayor
“EMPLOYEE”
SEAN THUILLIEZ
By:________________________
Sean Thuilliez, Chief of Police
ATTEST:
By:________________________
City Clerk
APPROVED AS TO FORM:
By:___________________________
John O. Pinkney, City Attorney
530
Item 17.
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE June 7, 2022
SUBJECT: Update on Park Capital Improvement Projects
Background and Analysis:
On January 18, 2022, City Council was presented with a brief update in regards to the Capital Improvement Projects as it pertains to parks. This report includes all updates since that meeting.
Stewart Park – Capital Improvement Projects P-01 and P-10 On April 5, 2022, City Council awarded a Professional Services Agreement to PlaceWorks to provide landscape, architecture and engineering design services for Stewart Park Improvement Project in an amount not to exceed $647,971.
Staff participated in a kickoff meeting to discuss the scope of work and schedule for the design phase of the project. The concept plan was reviewed and staff was provided with a high level cost estimate.
Staff participated in the first on-site walk of Stewart Park with the design team to discuss some specific needs and concerns of the park. It was also a time to review the pending needs for outside agency coordination.
The park is currently opened and will be hosting the 2022 Cherry Festival.
Rangel Park – Capital Improvements Projects P-02 and P-11 Staff created a special projects crew to begin to address some of the improvement items that City staff can accomplish.
As of this report, City staff has completed:
Irrigation installation,
531
Item 18.
Sod installation,
Playground demo and removal,
Installation of decomposed granite (DG) warning track,
Installation of new drinking fountains, and
Assembling of new bleachers.
As of this report contractors have completed:
Concrete sidewalks and curbing, and
Fence Repairs for lower fencing first and third base sides.
As of this report the following items are scheduled to be complete:
Playground installation – July 5-8,
Electrical panel and control enclosure installation – June 13, LED field light conversion – June 27,
Remaining outfield fence replacement – June 20, and
New plant material – June 27.
Playground Shade Structures – Capital Improvement Projects P-09 Staff has contacted playground manufacturers to provide plans and quotes for new playgrounds that will incorporate large shade sails into the design of the playgrou nds equipment.
Three Rings Ranch – Capital Improvement Project P-13
The contract was received and executed from the State of California Department of Parks and Recreation Office of Grants and Local Services (OGALS) on May 15, 2022.
The amount of contract award was $192,743. Conceptual designs were presented to children and families at a Pop Up in The Park event held at Three Rings Ranch Park and participants were asked to select color schemes and playground amenities. Now that the contract has been executed staff can now begin to spend the grant money which will be submitted for reimbursement once services and equipment are received.
Fiscal Impact:
No fiscal impact.
532
Item 18.
Recommended Action:
Receive and file.
533
Item 18.