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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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• Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
081721-PRM
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
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Rev. 3/2021 18
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Public Restroom Company
By: __________________________ By: __________________________ Jeremy Schwartz Katie Sherin
Title: Chief Procurement Officer Title: Chief Operating Officer Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598 10/13/2021 | 1:42 PM CDT 10/14/2021 | 11:03 AM PDT
10/14/2021 | 1:03 PM CDT
RFP 081721 - Restroom and Shower Facility Solutions
Vendor Details
Company Name: Public Restroom Company
Address:
2587 Business Parkway
Minden, NV 89423
Contact: Katie Sherin
Email: [email protected]
Phone: 888-888-2060 120
Fax: 888-888-1448
HST#:
Submission Details
Created On: Wednesday July 21, 2021 19:23:31
Submitted On: Tuesday August 17, 2021 15:50:48
Submitted By: Kristyn Young
Email: [email protected]
Transaction #: c147a115-3f11-4f3c-9c67-11633b6d6822
Submitter's IP Address: 47.44.252.218
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).
Line
Item Question Response *
1 Proposer Legal Name (one legal entity only): (In the event of award, will execute the resulting contract
as "Supplier")
Public Restroom Company
*
2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the
Proposal.
N/A
*
3 Identify all applicable assumed names or DBA names of the Proposer or Proposer's subsidiaries in Line 1 or
Line 2 above.
N/A
*
4 Proposer Physical Address: 2587 Business Parkway | Minden, NV 89423 * 5 Proposer website address (or addresses): www.publicrestroomcompany.com * 6 Proposer's Authorized Representative (name, title,
address, email address & phone) (The representative
must have authority to sign the “Proposer’s Assurance
of Compliance” on behalf of the Proposer and, in the
event of award, will be expected to execute the resulting contract):
N/A - Public Restroom Company submitting this proposal
*
7 Proposer's primary contact for this proposal (name, title, address, email address & phone):
Katie Sherin, Chief Operating Officer, 2587 Business Parkway, Minden, NV 89423, [email protected], 888-888-2060 ext 120
*
8 Proposer's other contacts for this proposal, if any
(name, title, address, email address & phone):
Chad Kaufman, President, 2587 Business Parkway, Minden, NV 89423, [email protected], 888-888-2060 ext 109
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
9 Provide a brief history of your company, including your company’s core values, business philosophy, and
industry longevity related to the requested equipment,
products or services.
Public Restroom Company’s founder, Chuck Kaufman, was a public restroom industry front-runner and pioneered the process of off-site constructed park and recreation prefabricated restrooms, concessions, meeting rooms, offices,
scorekeeper booths, and waterless restrooms (vaults) for urban and rural recreation sites.
His vision was to deliver high-quality prefabricated buildings, specializing in restrooms, to communities that had minimal operating and capital budgets, but still wanted to have a good looking, easy to maintain building. This led him to create standardized floor plans with flexible exterior and roof finishes that could blend into local architecture and natural landscapes.
Today PRC remains a family-owned and managed company by a brother and sister team, Charles "Chad" E. Kaufman IV and Catherine "Katie" Kaufman-Sherin. After many years working under their late father and company founder, they took control of the business in 2019 and continue the PRC legacy today. Chuck was was always looking to develop innovative ways to build better restrooms and he did exactly that. Over the years, Chuck and the PRC team introduced new design ideas aimed to help reduce vandalism, continually improved the quality of components installed in each building until they were the best in the market, and developed a proprietary concrete additive that makes our buildings' concrete floors and walls water resistant, non-staining, and odor-free. These are only a few of his progressive changes to the standard public restroom building that make our buildings truly standout from the rest.
PRC's mission is to deliver turnkey buildings to our customer that require little maintenance, hold-up to vandalism, and having the final cost of the building below typical site-built construction. This strategy, along with high-quality and attention to detail, delivers a product unmatched in the industry today.
Critical to PRC’s business model is continuing investment in research and development to find new solutions. These include vandal-resistance technologies, maintenance-reduction and efficiency through technology, increasing public safety, and longevity with a 50-year useful life. When commercially available restroom components do not stand up to the abuse of our market, PRC invents and fabricates components that will (i.e. PRC Doors). Our first company value is "Quality," and we stay true to this through our craftsmanship, selection of high-quality components, and quality control through the entire manufacturing process. This gives us the ability to offer and stand behind the leading warranty in the industry of 20-years structural and 5-years parts/fixtures.
Public Restroom Company's mission statement is: to lead our industry as the premier designer, builder, and expert on restrooms and related buildings for parks and public spaces. We achieve this goal by fostering a culture of innovation and attention to detail that make our buildings safer and more reliable for the communities we serve.
Our vision is to improve communities by providing the safest, most innovative, and highest quality prefabricated buildings for parks and public spaces.
Our company values are as follows:
1) Quality - We take pride in our effort to provide the highest quality in our products, workmanship, and design.
2) Innovation - We focus on innovation day-to-day in adapting new ideas to create the best solutions for our customers.
3) Partnership - We build strong, long-term relationships with employees, vendors, design architects, and customers to provide the best in class products. 4) Teamwork - We strive to develop respectful collaboration across all employees together to accomplish our common goals.
5) Integrity - We act ethically in all aspects of our business by "doing the right thing" for our employees and our customers.
(See Mission, Vision, Values attached in uploaded documents) *
10 What are your company’s expectations in the event of an award?
In the event of an award, we look forward to providing both optimal service and delivering the highest quality, turnkey product to those businesses, cities, and municipalities that use Sourcewell primarily for procurement. We also would promote Sourcewell in a mutually beneficial manner, as we expect that this award will only bolster our reputation as one of the leader's in the prefabricated restroom category and give us access to new customers. So if we are awarded the contract, one expectation for ourselves is to promote Sourcewell by including Sourcewell's logo in our future scheduled advertising efforts (digital, print, etc.) including regional and national tradeshows. We also would dedicate a page our website specifically to Sourcewell, so the purchasing process is clearly explained to customers and they can understand that our company and products have been vetted and selected by an outside governmental agency.
*
11 Demonstrate your financial strength and stability with meaningful data. This could include such items as
financial statements, SEC filings, credit and bond
ratings, letters of credit, and detailed reference letters.
Upload supporting documents (as applicable) in the
document upload section of your response.
Since 2003, PRC has done $197.5M in sales of prefabricated buildings and 78% of that total has been in the last ten years alone ($155.7M). In 2021, PRC has YTD Sales of $17.8M, which happens to be $1.19M ahead of FY2020 annual sales of $16.6M. Please see additional attachments for supporting documents for this question. We have included the following documents: 2020 Financial Report, PRC's Dun & Bradstreet report, a letter from our bonding company, and a letter of support from our bank.
*
12 What is your US market share for the solutions that
you are proposing?
To date, we have installed over 1,000 buildings under the Public Restroom Company brand since 2002. Public Restroom Company leads the US market for custom prefabricated restroom and park buildings. We currently have buildings in 31 states to date and add more markets each year. It is hard to determine exact market share, as it is unknown how many exact public restrooms are being sold each year and installed, but we would estimate that PRC owns at least ~15% of the current market size or more.
*
13 What is your Canadian market share for the solutions that you are proposing?
At this time 0%. We have never sold or installed a building to a Canadian customer due to regulations around trucking/shipment size requirements. We are continually looking to figure out a solution for this so we can sell to Canada in the near future, as we've had multiple Canadian online inquiries in the past years demonstrating interest for our brand. *
14 Has your business ever petitioned for bankruptcy
protection? If so, explain in detail.
No. *
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
15 How is your organization best described: is it a
manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b)
just below) best applies to your organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity), provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your
dealer network independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and with your dealer network in delivering the products and
services proposed in this RFP. Are these individuals
your employees, or the employees of a third party?
Public Restroom Company (PRC) is a manufacturer of prefabricated restrooms and related park buildings. Our company is best described as a design-build-installation firm. (a) We are NOT a distributor/dealer/reseller.
(b) PRC employs are own in-house design staff, national sales force, and project management team that will serve as the main contacts for all Sourcewell's customers. We also have our fleet field vehicles and specially-trained installation staff to control the quality of end service during the delivery and installation process. If local union labor is required for installation under a Community Workforce Agreement (CWA), we will still send field staff to help oversee the process and also assist in advertising to local labor unions for the project installation. *
16 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization
(including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP.
Licenses for modular construction are specific to the applicable states and their own requirements.
Some states have plan-approval and inspection requirements, while others require local CBO's to certify the construction at a local level. Public Restroom Company (PRC) partners with a national thirdparty engineering firm, Radco, who under licenses from each State holding a modular program of plan review and inspection, provides each state modular building agency engineering certification of compliance with all applicable codes relate to the building. *
17 Provide all “Suspension or Debarment” information that has applied to your organization during the past ten
years.
None.
*
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
18 Describe any relevant industry awards or recognition that your company has received in the past five years
2021 Cintas America's Best Restroom Contest - Selected as a Top 10 Finalist for our Craycraft Restroom in Mission Viejo, CA. Winner to be announced after August 20th. In 2020, we received an Honorable Mention from Modular Building Institute's Awards of Distinction in the "Permanent Modular Assembly" category for our project, CSU Army Depot Park. This particular building was over 3,200 sq. ft that included restrooms, showers, storage, and a concession. This building was designed, managed, and sold by PRC and built in our third-party manufacturing facility, Blazer Industries, and was comprised of 8 modules--one of our largest projects to date. As a company, we were nominated and selected as a finalist for Northern Nevada's Best Places to Work Award for a medium-sized business and will find out if we won on August 27th.
*
19 What percentage of your sales are to the
governmental sector in the past three years
In the last three years, 94% of our sales are to the government sector. * 20 What percentage of your sales are to the education
sector in the past three years
In the last three years, less than 1% of our sales are to the education sector. * 21 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales
volume for each of these contracts over the past three
years?
Public Restroom Company currently holds a purchasing contract with the National BuyBoard Purchasing Cooperative. Total Sales Volume since 2014 is $14,707,291. * 22 List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the
annual sales volume for each of these contracts over
the past three years?
None at this time, we are only pursuing the Sourcewell Contract for Restroom & Shower facilities. *
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number *
City of Murrieta, CA Lea Kolek 951-304-7275 *
City of Los Angeles, CA Jimmy Newsom 818-756-9294 *
City of Richardson, TX Bobby Kinser 972-744-4470 *
City of Jacksonville, FL Daryl Joseph 904-630-3515
Williston Parks & Recreation District, ND Darin Krueger 701-774-9773 Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
City of Los
Angeles
Government California - CA Designed and sold (13) prefabricated buildings that included restrooms,
meeting rooms, office space, splash pad
equipment room, and storage. At this
time (12) have been installed with (1)
new contract in 2021 for future install
($416,370).
$451,092
$141,313
$140,883
$154,969
$134,663
$134,663
$121,822
$255,191
$244,421
$172,417
$259,584
$416,690
$416,370
$3,044,078
*
Clark County Government Nevada - NV Designed and sold (10) prefabricated buildings, including restrooms, storage
and office. At this time, 9 have been
installed with (1) new contract in 2021
for future install ($194,848).
$200,802
$148,364
$148,364
$168,296
$148,364
$194,848
$295,450
$279,517
$291,146
$412,260
$2,287,411
*
City of Sacramento Government California - CA Designed and sold (7) prefabricated buildings, including restrooms, storage
and office. At this time, 5 have been
installed with (2) new contracts in 2021
for future install (Total $412,914).
$112,585
$144,970
$141,406
$157,877
$229,752
$492,702
$255,037
$1,534,329
*
Valley-Wide
Recreation &
Park District /
San Jacinto, CA
Government California - CA Designed and sold (6) prefabricated buildings, including restrooms, storage
and office. At this time, (3) have been
installed with (3) new contracts in 2021
for future install (Total $867,538).
$374,977
$203,425
$227,031
$265,530
$402,335
$297,218
$1,770,516
*
City of Garland Government Texas - TX Designed and sold (6) prefabricated buildings, including restrooms,
concession buildings, and storage. At
this time, (1) building has been installed
with (5) new contracts in 2021 for future
install (Total $2,907,788).
$493,100
$161,472
$585,188
$934,367
$323,168
$733,661
$3,230,956
*
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
25 Sales force. Public Restroom Company has four (4) full-time direct sales people with designated geographical territories and behind this sales team is a five (5) person support staff for administrative services and project management. We look to expand our sales depth with outside rep agencies with the future launch of our semi-custom or baseMOD product lines which are currently in development. *
26 Dealer network or other distribution methods. Any outside sales rep agencies will be paid a finders fee (%) for any new projects and/or new customers brought to PRC.
*
27 Service force. Public Restroom Company has three (3) dedicated installation and warranty field teams. Each are comprised of at least (2) people with company vehicles, specialty tools, and extensive knowledge in plumbing and general construction. These teams are strategically located at the following locations: our headquarters in Minden,
NV, Southern California, and in Central Texas. These professional OSHA-certified, specially-trained, staff members will travel across the nation to install and service any warranties for our customers.
*
28 Describe the ordering process. If orders will be
handled by distributors, dealers or others, explain the respective roles of the Proposer and others.
The ordering process is handled 100% by Public Restroom Company, at this time we do not have any outside distributors or dealers due to the custom nature of our product and it gives us the ability to control the quality and level of service to customers. After we received an initial inquiry from a customer, the Salesperson assigned to that state/territory will follow-up with a call and email to the potential customer to answer any questions. If the customer chooses to move forward, PRC will provide design renderings based upon initial discussions and a factory quote with added costs of any upgrades and modifications from the base model price. If accepted, PRC will then provide our proposal contract to be signed by the customer and this will include all terms & conditions, as well as outline all steps of the building process to the final point of delivery. After the contract is signed, Customer and PRC Salesperson and/or Project Manager will finalize all color selections and finishes and then these drawings will be sent to engineering for state approval to move forward. *
29 Describe in detail the process and procedure of
your customer service program, if applicable.
Include your response-time capabilities and
commitments, as well as any incentives that help
your providers meet your stated service goals or
promises.
Public Restroom Company prides itself in having excellent customer service. We take care of our clients by responding to any questions or issues within 24 hours. Our clients are assisted by phone/video to help troubleshoot. If the issue requires on-site assistance, we will send our field representatives to the job site to troubleshoot the problem and repair/replace as needed. In the next few months, we will be publishing "How To" videos privately on our PRC YouTube Channel so maintenance tips (ex. winterizing the building) and troubleshooting any restroom fixtures can easily be shared with the customer as requested.
*
30 Describe your ability and willingness to provide your products and services to Sourcewell participating
entities in the United States.
Public Restroom Company currently provides prefabricated restrooms, showers, and other park buildings to customers nationwide. We are more than willing to provide our full line of products and installation within the United States and look forward to doing so.
*
31 Describe your ability and willingness to provide your products and services to Sourcewell participating
entities in Canada.
We are willing to look into delivering products to Canada, but at this time haven't sold or delivered any buildings to date. *
32 Identify any geographic areas of the United States
or Canada that you will NOT be fully serving through
the proposed contract.
Kentucky is the only state that we will not be serving due to labor codes that require Kentucky plumbers and electricians in our factory during production, which does not work with our current business model due to our NV location.
*
33 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for-profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do other
cooperative purchasing contracts limit your ability to
promote another contract?
All sectors will be serviced by Public Restroom Company (PRC) with the exception of Kentucky, as explained above.
*
34 Define any specific contract requirements or
restrictions that would apply to our participating
entities in Hawaii and Alaska and in US Territories.
Our installation and transportation covenants would be affected by awards to Alaska and Hawaii, but to date, we have not accepted an order for work in either of these two states.
However, our concept for a project can be accomplished if a client requests it, but we would more than likely have to ship the building via ocean freight and have our trained installation staff complete the installation process.
*
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 7: Marketing Plan
Line
Item Question Response *
35 Describe your marketing strategy for promoting
this contract opportunity. Upload
representative samples of your marketing
materials (if applicable) in the document
upload section of your response.
If awarded, Public Restroom Company will promote Sourcewell through a variety of methods. a. PRC typically attends ~20+ trade shows annually and would proudly promote the Sourcewell procurement option at our booths, through inclusion of a custom co-branded handout inset into our catalog of products and via word of mouth
b. Addition of Sourcewell Page under "About Us" / "Procurement" Section on our website with clear directions and link to Sourcewell website
c. Email blasts via MailChimp to our extensive client contact database, this would also happen initially if awarded the contract and quarterly as a reminder
d. Facebook posts to announce award
e. Co-branded marketing materials for Sales Team to send out to customers with catalogs (see example of BuyBoard)
*
36 Describe your use of technology and digital
data (e.g., social media, metadata usage) to
enhance marketing effectiveness.
In May 2020, we added to our marketing team a Director of Marketing & Planning and under this person is (2) additional support roles with the goal of becoming more strategic and improving our overall marketing efforts. In December 2020, we hired a third-party digital marketing and website firm, Delegator, to help us improve the SEO of our new website that was launched in the Fall 2020 and also reinstate paid search advertisements through Google Ads, Bing Ads, and most recently LinkedIn Ads. Our paid search ads only started in April 2021 and since that time, we've had over 40K impressions with a current 10.5% click-thru rate, which is far beyond the typical average of 2% CTR for most paid search advertisements. We've also implemented a service called, Call Rail, that tracks which calls are coming from our paid advertisements and from this we've seen a total of 65 calls in about 4 months total.
We also utilize a website, Lead Forensics, that monitors traffic to our website and collects data on each visitor. From this, we are able to determine where visitors are coming from geographically speaking, most common search terms, and which companies/industries specifically these visitors are associated with. Since last August, we've seen 2,847 unique visits to our site with 85% of those visitors coming to our site organically (without any paid advertising) from either Google or Bing which shows we have a strong brand presence. To reach out to the remaining 15%, we have enhanced our digital strategy to have pay-per-click ads on Google, Bing, and LinkedIn as well as several digital placements in national Parks & Recreation related outlets (i.e. Recreation Management, Parks & Rec Business) in addition to regional outlets (i.e.
California Parks & Recreation Society (CPRS), Florida Recreation & Park Association (FRPA)). Our reasoning for focusing on Parks & Recreation publications comes from our digital data that tells us 46% of all site visits are either part of Government agencies or Recreation & Facilities Services, which is also in line with our customer data. We feel the most productive ways to reach our current audience and grow is through the following activities:
- Writing articles and sponsored content in industry trade magazines (see examples in attachments) - Creation of new blog content for website to improve SEO - Web advertisements (rotating GIF images) on national/regional Parks & Rec websites - Paid Search Advertisements on Google, Bing, and LinkedIn - Posts on PRC Facebook page for all new installations & company updates - Print Advertisements in national & regional Park & Rec magazines - Email Blast via MailChimp prior to trade shows and regionally with featured projects - Web Advertisements on weekly E-Newsletters with TX ASLA (Texas America Society of Landscape Architects) and CPRS
Above is our current marketing efforts, in addition to trade shows, but we plan on expanding even further this next year with the following activities:
- Lunch & Learn Seminars -OR- Virtual Coffee Dates with our Sales Team - Webinars posted to our website
We also have plans to expand beyond just Parks & Recreation industry publications and place advertisements with new publications that are focused on City/Urban Planning and Architecture, such as Next City. We plan on coordinating this placement with new product launches, such as our "smart restroom" tracking package.
*
37 In your view, what is Sourcewell’s role in
promoting contracts arising out of this RFP?
How will you integrate a Sourcewell-awarded
contract into your sales process?
From our perspective, we would love to see Sourcewell clearly display Public Restroom Company as a prefabricated restroom, shower, and related park buildings vendor when a prospective customer is searching the Sourcewell website. In our sales process, Sourcewell will be mentioned on every initial project call/inquiry as a purchase method recommendation.
*
38 Are your products or services available
through an e-procurement ordering process? If
so, describe your e-procurement system and
how governmental and educational customers
have used it.
While the sales process often starts with our website, we do not currently offer online ordering due to the client/site-specificity of our products. When a customer visits our website and fills out a project questionnaire, their contact information and project data is automatically input into our Salesforce CRM and distributed to the appropriate PRC regional salesperson for follow-up. The actual process of ordering a building is finalized over the phone confirming details with our sales staff, since they act more like consultants guiding the client through the process. We feel this is a more effective sales process, as online ordering could result in mistakes and overlooked building details necessary for a successful build and installation. The only online ordering available is currently through BuyBoard and it is just an initial PO for a certain building model. Once that PO is received by our team, a follow-up phone call always takes place prior to finalizing the order to ensure no items are overlooked to ensure the highest level of customer satisfaction. *
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 8: Value-Added Attributes
Line Item Question Response *
39 Describe any product, equipment,
maintenance, or operator training
programs that you offer to Sourcewell
participating entities. Include details, such
as whether training is standard or
optional, who provides training, and any
costs that apply.
We do not charge for any applicable training services. At the time of building installation, our field installation crew meets with the owner, maintenance staff, and other individuals to perform a final walkthrough of the operating parameters and troubleshooting that may be helpful in our client's operation of the building. A building manual with all manufacturer cut sheets for each item of equipment is included in the utility chase for the owner team to easily refer to when and if issues are present. *
40 Describe any technological advances that
your proposed products or services offer.
Public Restroom Company is continually making technological advances to our product and our current focus is incorporating "smart technology" into our future builds and retrofitting past PRC buildings and buildings from other restroom manufacturers.
We are planning to launch at the end of 2021 a "smart restroom" package that will involve sensors to track number of people using a facility, monitoring of plumbing, and tracking any consumables within the restroom.
These sensors will provide real time data to an online dashboard so the customer can efficiently manage one or multiple locations and have the ability to develop metrics for restrooms as it relates to peak usage. Our current developer and partner has designed and employed systems at large scale airports around the country and has proven success in the data monitoring industry.
A second technology advancement that we are still working on is a "sanitation" package, where there is automatic disinfecting system built into the building that deploys when no one is inside. This is sanitizing mist, but we've had issues with the spray nozzle dripping if the wrong type of water is used. *
41 Describe any “green” initiatives that relate
to your company or to your products or
services, and include a list of the
certifying agency for each.
Public Restroom Company offers the following "green" initiatives to reduce overall energy consumption and eliminate excess waste:
a. LED light fixtures throughout entire building (exterior, interior, and utility chase to reduce energy consumption, operating costs, and building's carbon footprint)
b. Dyson Airblade Hand Dryers (Eliminates paper products needed for hand drying & energy efficient product) c. Photocells to control all Exterior Lights (Reduces cost of manually turning on lights daily, automatically operates based on ambient light).
d. Stiebel Eltron DHC-E Tankless Water Heaters (Reduces energy costs by not heating water in a tank continuously)
e. Solar Lighting Package (Reduces ongoing energy costs & carbon footprint of building) f. Restroom Partition Doors (Made from recycled material) g. Stainless steel vent screens (Eliminated the need for mechanical fans due to natural/passive air flow at gable ends of building.)
*
42 Identify any third-party issued eco-labels,
ratings or certifications that your company
has received for the equipment or
products included in your Proposal related
to energy efficiency or conservation, lifecycle design (cradle-to-cradle), or other green/sustainability factors.
None at this time.
*
43 Describe any Women or Minority
Business Entity (WMBE), Small Business
Entity (SBE), or veteran owned business
certifications that your company or hub
partners have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
None at this time, but Public Restroom Company (PRC) is 50% owned by a woman, Catherine Sherin. *
44 What unique attributes does your
company, your products, or your services
offer to Sourcewell participating entities?
What makes your proposed solutions
unique in your industry as it applies to
Sourcewell participating entities?
PRC is a design, build, and installation firm of prefabricated restrooms and other park buildings for over 40 years. The founder of PRC was a public restroom industry front-runner and was always looking to develop innovative ways to improve quality and vandal resistance, while at the same time building the best looking restroom that was easy to clean and maintain. At PRC, we pride ourselves on value and building trust with our customers through delivering the highest quality, aesthetically pleasing building for a fair price. It is our years of experience in this industry that allows us to see our customer's problems and fix them before they are an issue and guide them through the entire process. Our extensive design library offers Sourcewell's participating entities a variety of ideas and options, giving them the ability to see actual examples and customize their building just how they envision it instead of having to settle for a basic building with limited finishes and options. Our modular construction approach allows customers to expand beyond just a restroom building by adding-on items like storage, showers, concessions, office space, etc. This can ultimately provide cost savings to the customer by only having to construct one building instead of multiple buildings. What really sets us apart from similar businesses is our turnkey process. We don't stop with just design and manufacturing, we then deliver the building to the site ready-to-go and install it with our team of experts which eliminates the need for hiring outside contractors and skilled labor. We strive to make our customers happy from the beginning to end, which means delivering and installing the building to our high standards and eliminating that additional cost of having someone else install it. By handling the installation process, we can be confident in the integrity of the building being installed instead of relying on an outside contractor installing a restroom for the first time and possibly making mistakes.
*
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line Item Question Response *
45 Do your warranties cover all products, parts, and labor? Yes, with a five (5) year component/fixture and twenty (20) years structural warranty for the building. Our components and fixture warranty exceeds most in this niche industry by 4 years, most only offer a one (1) year warranty.
*
46 Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
PRC's warranty only cover incidents from manufacturer defects and/or design oversight. * 47 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs?
Yes. *
48 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a
certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair?
None.
*
49 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original
equipment manufacturer?
Yes, we handle these claims with our field warranty teams. *
50 What are your proposed exchange and return programs and policies?
Full replacement with return. *
51 Describe any service contract options for the items included in your proposal.
None. *
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
52 Describe any performance standards or guarantees
that apply to your services
In regards to Service Standards, we make sure that we respond to any online inquiry or call within a 24-48 hour window if received during normal business hours. Inquiries from the weekend would be addressed the following Monday. If the assigned salesperson is out of the office, we will have another sales rep or company representative respond to the customer before that time window expires. For initial design services, we typically are able to turnaround a customer's design request in 2 weeks or less, unless we are experiencing a high volume of new business and we would notify the customer of any delays should that situation arise. The initial design request encompasses 3D renderings and floor plans drawings for the customer with any finishes, colors, or special fixtures/components that have been specified.
*
53 Describe any service standards or guarantees that
apply to your services (policies, metrics, KPIs, etc.)
Policy: Respond to new customer within 24-48 hours of initial inquiry Policy: Deliver 3D renderings and initial floor plan drawings within 2 weeks of initial request.
Policy: Projects are turn-key by one responsible party, design-fabrication-installation. *
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
54 Describe your payment terms and accepted payment
methods?
Payment terms are Net 30. PRC's accepted form of payment is either: check or ACH wire transfers. * 55 Describe any leasing or financing options available for use by educational or governmental entities.
None at this time. *
56 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Our standard transaction documents will start with our catalog of buildings so the customer can determine which building and add-ons best suits their project size and needs. Once they know which building they would like to move forward with, our Sales Rep will walk them through our document "PRC Summary Spec Sheet" which the PRC Sales Rep will fill-out based upon the customer's selections. Once we have that document in hand, we can provide a final price for customizations and upgrades and this will be listed in the "Proposal" document. The "Proposal" documents is our standard contract between PRC and each customer, this document will include pricing information and each step of the process explained in detail, in addition to our Terms & Conditions, Warranty Offered, and instructions/requirements for the General Contractor to perform site preparation. All blank template documents will be attached to this bid. *
57 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to
Sourcewell participating entities for using this process? Not at this time.
*
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
58 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response.
Our pricing structure is based on each model number and our discount offered to Sourcewell participating entities is 5% off MSRP (base price). The pricing sheet attached to our catalog shows base price for each model listed within it. Please see the attached PRC Product catalog, PDF of floor plans, and corresponding price sheet with the discounted price listed in the far right column. *
59 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.
Sourcewell participating entities will receive 5% of MSRP (base price). *
60 Describe any quantity or volume discounts or rebate programs that you offer.
We will offer the following rebate to Sourcewell participating entities for any order placed within the four (4) year contract period:
Orders $500,000 – $999,9999 a 1% rebate
Orders between $1M - $1.5M a 2% rebate
Orders over $1.5M+ a 3% rebate
*
61 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.
PRC will pass along the true cost of any outside "sourced" services or products needed to complete the installation and add this to the final price of the delivered building. This number varies based upon the crane and freight transportation companies utilized, but PRC has developed a list of preferred vendors that off the most competitive pricing with high quality service.
*
62 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
The base prices listed do not include the installation expenses related to the crane, freight, and any other applicable taxes.
*
63 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Our delivery and installation program is custom for each project dependent on location and final size of delivered building modules. All freight and crane installation costs will be determined upon the completion of the building and will vary due to factors such as distance to the final installation location from the factory, in addition to special circumstances. For example, if the building is larger than a our standard building, it may require pilot cars during transport which can increase the cost of delivery to site. Typically, we keep that in mind with our models but customizations and larger modular builds can incur this expense and it should be noted.
*
64 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.
We cannot provide this information at this time, as we have not completed a project in Alaska, Hawaii, Canada, or any offshore location. *
65 Describe any unique distribution and/or delivery methods or options offered in your proposal.
None. *
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 66 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 13: Audit and Administrative Fee
Line
Item Question Response *
67 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
PRC uses internal pricing cost worksheets which are audited after each project is installed. Our accounting department audits each project based on method of purchase which is verified both by contact and our CRM Salesforce. The quarterly reports to Sourcewell will be generated through the Salesforce CRM.
*
68 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
As stated in the Sourcewell pre-bid webinar, it is estimated that this award could be around $20M annually for restrooms and showers. If this contract is awarded to 2-3 vendors, we feel that we could capitalize on at least 15% of this estimate for annual sales, which would equate to $3M in sales or around ~12 buildings sold dependent on average building price. So selling at least 12 buildings via Sourcewell would be a benchmark of success for our first year, so we would aim to sell (3) buildings per quarter or more. After that, we would expect sales to hopefully grow by about 5% each year would equate to an additional $1M each year. So by Year 2, we would aim for $4M in sales minimum and so forth.
*
69 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Our proposed administrative fee to Sourcewell is 2% of the final contract amount.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
70 Provide a detailed description of the equipment,
products, and services that you are offering in your
proposal.
Public Restroom Company is a design, build, and installation firm for prefabricated restrooms and related park buildings. While PRC started as a restroom company, we have evolved into much more and focus on a larger offering of modular buildings. Other park related buildings include but are not limited to: Showers, Storage, Offices, Multi-Purpose Rooms, Laundry, Concessions, Trash Enclosures, Ticket Booths, Transit Stations, Scorekeeper Booths, Locker Rooms and Lifeguard Stations. Since PRC utilizes a modular construction process, the customer can design a building that meets all their needs by combining different floor plans. For example, a shower building is commonly combined together with a restroom floor plan to meet both needs. While our catalog displays the base floor plan and pricing, the final buildings we deliver to our customers are commonly modified and upgraded with different exterior finishes, roof styles and materials, and added extras such as a covered entry or alcove with a drinking fountain and bottle filler. All of our options can be viewed on on our website www.publicrestroomcompany.com under "Options."
*
71 Within this RFP category there may be subcategories
of solutions. List subcategory titles that best describe your products and services.
For our restroom product line, we have five (5) different subcategories (series) based upon size, listed starting with smallest to largest floor plans: Waterless Vault Series, Playground Series, Sports Park Series, Stadium Series, and the Family Series. Our Waterless Vault series are restrooms that are selfcontained and not hooked up to plumbing. Vaults are restrooms you would find in more remote, undeveloped locations where access to utilities is not possible. The rest of the restroom series listed above are all plumbed restrooms that are hooked up to utilities. For our Specialty Buildings category, these are more custom designed floor plans and we have a large variety of buildings that fall under this category,
such as: Kiosks, Ticket Booths, Trash Enclosures, Transit Stations, Tennis/Golf Pro Shops, Laundry Rooms, Fish Cleaning Stations, Offices, and Scorekeeper Booths. In addition to buildings, we are planning to launch at the end of 2021 a "smart restroom" package that will involve sensors to track number of people using a facility, monitoring of plumbing, and tracking any consumables within the restroom. These sensors will provide real time data to an online dashboard so the customer can efficiently manage one or multiple locations and have the ability to develop metrics for restrooms as it relates to peak usage.
*
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Item Category or Type Offered * Comments
72 Flush, waterless (vault), or compostable toilets and restrooms Yes No
Yes, we do offer three (3) models and they can been seen on our website:
V-010, V-020, and V-220 (listed by size). We do not include our Waterless Toilets (Vaults) in our primary catalog as this has become a very small portion of our business and is something we do not promote as much, because our strength lies in creating plumbed restrooms that feature custom exteriors and expanded with add-ons such as: showers, concessions, storage, etc.
*
73 Showers and changing rooms Yes
No
Yes, we offer prefabricated shower buildings that include changing rooms in the standard floor plans. We offer flexibility in the layout and allow our customers to choose multiple shower stalls to accommodate increased usage or individual, locking units as shown in our standard floor plans.
Typically, if a shower is requested, it is often paired with a restroom building as well. In addition to interior showers (more traditional placement), we have also built several buildings with exterior showers located in beach settings and warmer climates. We also have incorporated outside washing stations for pets in park locations.
*
74 Combination restroom, shower, changing room, and ancillary or accessory use structures or facilities
Yes
No
We can build both restrooms and showers as standalone buildings, but more commonly they are combined together as a restroom/shower combination building. A common addition we have seen with our shower buildings is locker rooms and changing rooms, which we can do on a small or large scale. One of our larger, more recent projects located in Grass Valley, CA at Memorial Park Pool included: Restrooms (6), Showers (12), Locker Area for both Men and Women, Office, Lobby and Multi-Purpose Room (see attached PDF for drawings and floor plan).
*
75 Equipment, products, accessories, and supplies related to the solutions in lines 72 - 74 above.
Yes
No
PRC offers all necessary equipment and fixtures needed to outfit a restroom and shower building. Please check our website for full details our offering under "Options" as it is lengthy. We are not in the business off selling restroom supplies such as: toilet paper, hand soap, paper towels, or hand sanitizer. We do outfit all our building with fixtures for these supplies, but do not sell these supplies separately. We will sell replacement fixtures when needed, but typically do not have many replacement orders due to the vandal resistant nature of our penal grade, stainless steel products. *
76 Related services - design-build services, site assessment, site preparation, customization, delivery, assembly,
installation, maintenance or repair, and warranty programs.
Yes
No
Everything list in the "Related Services" question is exactly what PRC does, with the exception of site preparation. We will provide the approved site plans and drawings to the customer, but they will be responsible for hiring a local, outside contractor to complete the site prep prior to delivery of the building. After initial contact with the customer, our first step is the designbuild services. Once we finalize design plans, we get state approved drawings and once those are in hand, we build the building in one of our manufacturing facilities. We feel customization is one of PRC's strongest selling points and differentiating factors in comparison to others in this niche, prefab restroom industry. We give the customer the ability to choose the appropriate level of vandal resistant construction and fire compliancy, exterior/interior/roof finishes, color choices, and any building modifications/additions (i.e. drinking fountains, covered entry, trellis, moving utility access door, gates vs doors, etc.). Once the building is completed, we get it ready to ship in the factory by shrink wrapping the building prior to transportation. Once the building has arrived by truck at the site, the crane and our specialized field installation teams will complete the finishing installation touches and the building will be hooked up to plumbing and ready to go in just a few days. Our field teams also handle any maintenance/repair/warranty issues upon request.
*
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Table 15: Industry Specific Questions
Line
Item Question Response *
77 Describe the installation process for your products
and identify how installation is managed in the order
process, if applicable.
Upon receiving approval from the state in which the building is located (this will vary by state), we can then put the building on the factory schedule and the assigned project manager for the project will then be able to discuss with the customer a feasible date for completion and the customer's expected date for installation. Prior to that the dates are mostly estimates until the building is in actual production and state approved plans are received. Once PRC has state approved plans, we will provide these plans to the customer so they can begin the site preparation for the building well in advance of delivery. In the event the building is completed ahead of the client's requested date, it will be shrink wrapped and stored at our facility until the customer is ready for delivery. Upon completion at the factory, the cost for installation and delivery will be added to the final contract price which includes freight and the crane operator. Once the building is ready to be delivered, the PRC field installation team will arrive to the site a day (or two if needed) before delivery to prep the groundwork and plumbing for final connections to the building.
Typically on Day 2 or 3, the building arrives to the site by truck and the building will be lifted off the truck with a crane and guided into place with our PRC field installation team. Once the building is set, the field installation team will complete connections to the plumbing underneath and complete any other finishing touches prior to handing over the keys to the building. The installation process of a single or twomodule building is typically completed within 3 days, but larger scale buildings with multiple modules can take up to a week for installation. Once the building is set and installed, it is ready for use. *
78 Describe applicable vandalism resistance or
vandalism abatement measures or attributes
incorporated in the design or manufacture of your
products.
To start with, we offer the customer a choice of three (3) different levels of internal framing construction that is dependent on the building's need for fire resistance and safety: LVR (Low Vandal Resistant), MVR (Medium Vandal Resistant), and HVR (High Vandal Resistant). Steel or Wood is the difference is in internal framing material choice with steel having the highest fire safety rating and clearly the most vandal resistant option. HVR is constructed of steel internal framing, but MVR has two options of Wood or Steel for the client to choose from. For all Interior Fixtures, Stainless Steel is the premier choice when it comes to vandal resistance, because it is thicker and heavier, and stainless steel is PRC's standard fixtures that are included with each restroom. Public Restroom Company’s stainless steel fixtures are prison (penal) grade, 316 type, 14 gauge (thickness) which is superior to most all other competitor’s products and weighs 46% more than the equivalent stock door. Some additional benefits of stainless steel are: it does not fade, highly durable, easy to clean, and proven to be extremely hygienic, and will not dent or rust. For locations that are concerned with vandalism, PRC also offers soap dispenser and Fastaire Wall-Thru Hand Dryer with all the components housed within the locked, utility room versus exposed in the restroom itself. For our standards in multi-occupant restrooms, we do CMU Block Partitions with solid color reinforced composition doors as these are the most resilient to vandalism in comparison to other setups. We feel another competitive advantage we have is our Doors, as we custom fabricate 14 gauge prison-grade stainless steel doors with built-in ribs to help prevent denting. We also add vertical ribs at 6" on center, welded to the face of the door to further resist impact. We make our own doors instead of purchase traditional, mass-produced metal doors because we know this item is commonly high-maintenance for park managers due to dents, rust, and graffiti if not overbuilt and in making our own, we are able to ensure quality control. Since doors are the main access point for breakins, over the years we have upgraded our standard hinges, door handles, and locking systems to be among the best. We utilize a continuous hinge for the entire length of the door, our doors handle covers the seam where the lock is so you cannot pry it open, and our Automatic Locking Systems are concealed in the door frame (jam) so they cannot be tampered with and are out of sight. As an upgrade, we can also add steel kick plates to the doors to prevent someone from damaging the door while attempting to kick it. For the exterior of the building, if the customer chooses to go with a CMU Block exterior wall which is very common, an anti-graffiti coating can be applied over the paint or block which helps in the removal of graffiti from the walls.
Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 79. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term, Condition, or Specification Exception or Proposed Modification Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.”
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Pricing - Pricing_Catalog and Price List_Sourcewell 2021.pdf - Monday August 16, 2021 19:34:45 Financial Strength and Stability - PRC Financial Supporting Docs_2021.pdf - Monday August 16, 2021 18:28:19 Marketing Plan/Samples - PRC Marketing Attachment 2021.pdf - Tuesday August 17, 2021 15:47:49 WMBE/MBE/SBE or Related Certificates - Certificates.pdf - Monday August 16, 2021 18:31:58 Warranty Information - Warranty.pdf - Monday August 16, 2021 18:27:43 Standard Transaction Document Samples - Proposal_Sourcwell Blank Template.pdf - Monday August 16, 2021 18:29:36 Upload Additional Document - 2021_Additional Documentation and Gallery.pdf - Tuesday August 17, 2021 12:38:43 Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety.
Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Katie Sherin, Chief Operating Officer (COO), Public Restroom Company
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_1_ Restroom_and_Shower_Facilities_RFP_081721
Thu August 5 2021 02:29 PM
2 Bid Number: RFP 081721 Vendor Name: Public Restroom Company DocuSign Envelope ID: AD47396A-0D8E-414D-9C34-2E630B05F598
City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: I-10/CHERRY VALLEY BOULEVARD INTERCHANGE
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
MEETING DATE: May 6, 2024
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: It is recommended that the City Council authorize execution of a Professional Services Agreement with MNS Engineers, Inc. to prepare Plans, Specifications and Estimates for the I-10/Cherry Valley Boulevard Interchange.
BACKGROUND/DISCUSSION: In December 2016, Council authorized staff to move forward with a Project Study Report-Project Development Support (PSR-PDS) process for the subject interchange. The City contracted with the County of Riverside (County) to lead the Caltrans required processing. That initial process was funded by San Gorgonio Land, LLC (the residential developer for the Summerwind Ranch Specific Plan). The City completed the PSR-PDS process in 2018 and was satisfied with the service provided by the County. The City then continued to contract with the County for the next phase, the Project Approval and Environmental Documents processing (PA and ED). The contract for that process was approved by the City Council in October 2018, and by the Board of Supervisors (BOS) in December 2018. On May 16, 2022, Council approved Contract Amendment 2 adding PS&E to Agreement. The BOS approved the Agreement Amendment on June 14, 2022.
During the PA and ED processing, an ultimate design alternative (Divergent Diamond) was selected by the City Council in June 2020 and approved by Caltrans. The environmental impact report (EIR) was approved November 2, 2023. The next phase in the Caltrans project processing is the Design Phase (also referred to as PS&E).
October 26, 2023, the City terminated the Agreement and Amendments thereto with the County – City staff concluded that costs incurred (in particular, survey and County overhead costs) no longer justified continuing with the partnership. Thereafter, the City submitted required forms to Caltrans to be designated as lead agency and issued a request for proposals to qualified consultants on February 8, 2024. On March 14, 2024, the City received 3 proposals (MNS Engineers, MBI Inc., and Southstar Engineering and Consulting Inc.). Upon review of the proposal, staff selected 2 firms for interview – MNS and MBI. Upon conclusion of interviews, MNS was selected for award. Staff negotiated a fee amount of $3,651,159 with MNS.
In the same manner as the PSR-PDS and the PA and ED processing, the PS&E will be funded through a TUMF credit agreement with Jen SoCal and through WRCOG Pass Zone funds (a direct allocation from the WRCOG/Beaumont Settlement Agreement in the amount of $2.1 million). In addition, the City does have other funding sources secured as well. These include, but are not limited to, a Congestion Mitigation and Air Quality Improvement (CMAQ) Program grant ($500,000);
Shopoff Development ($722,000), and a Congressional Earmark ($2 million). Staff is, and will continue to, work with Riverside County Transportation Commission (RCTC) and explore Federal grant programs on funding opportunities for right-of-way acquisition and construction. As the project progresses, and additional funding sources are secured, Staff will bring forward updates to Council regarding a comprehensive funding plan.
Staff and the City Attorney reviewed the PSA and attachments thereto. Staff is requesting that Council authorize the Mayor to execute the PSA with MNS.
FINANCIAL IMPACT: See discussion above
ATTACHMENTS:
Attachment A: PSA with Exhibits
1 PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated May 6, 2024 (“Effective Date”) and is between the City of Calimesa, a California municipal corporation (“City”) and MNS Engineers, Inc. (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City issued Request for Proposals on February 8, 2024, titled Interstate 10/Cherry Valley Boulevard Interchange, Plans, Specifications, and Estimating.
Consultant submitted a proposal dated March 14, 2024 in response to the RFP.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for Interstate 10/Cherry Valley Boulevard Interchange, Plans, Specifications, and Estimating, attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties. Consultant shall perform its services in a manner reasonably satisfactory to City.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Brandon Reyes, Vice President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline December 31, 2025 with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances.
Attachment 12A
2 E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2025, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $3,651,159 (the “Maximum Compensation”) for such Services.
B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.
C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this
3 Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena. Data shall not include information or materials that were or became generally known to the public, or which the Consultant had prior knowledge or came to have known through other lawful means.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. Upon consultation with Consultant, City may, but has no obligation to, represent Consultant at any deposition, hearing or similar proceeding.
Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
4 C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. However, any modification or reuse of such materials for purposes other than those intended by this Agreement shall be at City’s sole risk and without liability to Consultant. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney's fees and costs of defense (collectively "Liabilities"), to the extent that the claims against the Indemnitees arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, consultants or their officers, agents,
5 servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code Section 2782.8(c).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees.
Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph B.2). 3). Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen,
6 consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
C. Workers' Compensation Acts not Limiting. Consultant's obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. The required limits may be satisfied either by a standalone policy or in combination with and umbrella/excess policy. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. The required limits may be satisfied either by a standalone policy or in combination with and umbrella/excess policy.
7 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of
8 this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all redacted endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.
Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
9 12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three
10 Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: Will Kolbow, City Manager Brandon Reyes, Project Lead City of Calimesa MNS Engineers, Inc.
908 Park Avenue 201 N. Calle Cesar Chaves, Suite 300
Calimesa, California 92320 Santa Barbara, CA 93103
Telephone: (909) 795-9801 (805) 692-6921
Email: [email protected] [email protected] With a courtesy copy to:
Quinn M. Barrow, City Attorney
350 South Grand Avenue, 37th Floor
California, California 90071
Telephone: 213.626.8484
Email: [email protected]
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
11 18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
12 24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Calimesa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Calimesa.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
13 32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
14 The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City: Consultant:
City of Calimesa, MNS Engineers, Inc.
a California municipal corporation
By: __________________________ By:
Name: William Davis Name: Darren K. Riegler, P.E.
Title: Mayor Title: President and CEO
ATTEST:
By: __________________________ By:
Name: Darlene Gerdes Name: Brandon Reyes, P.E.
Title: City Clerk Title: Vice President
Proof of Authority to Bind MNS
Engineering is enclosed as Exhibit C
APPROVED AS TO FORM:
By: __________________________
Name: Quinn M. Barrow
Title: City Attorney
EXHIBIT ‘A’
SCOPE OF SERVICES
SECTION I: PROJECT MANAGEMENT
Project Administration, Control and Scheduling
CONSULTANT shall provide overall project management, liaison with the CITY and other affected agencies, and progress monitoring and maintenance of PROJECT files. CONSULTANT will supervise, coordinate, monitor and review PROJECT in conformance with CALTRANS Consulting standards, policies and procedures. The CONSULTANT PROJECT MANAGER will maintain ongoing liaison with the CITY ENGINEER, agency contacts, and utility companies to promote effective coordination during the course of project development. Progress meetings with CONSULTANT’s staff, subconsultants, and the CITY ENGINEER will be held regularly.
CONSULTANT will develop an Action Item Log.
Deliverables:
• Action Item Log
• Electronic file containing all pertinent project files.
Project Meetings
Project Development Team (PDT) meetings with the CITY ENGINEER, the California Department of Transportation (CALTRANS) and other representatives from affected agencies will be held at least once a month. CITY will lead these meetings with support from CONSULTANT. CONSULTANT will prepare draft meeting minutes one (1) week following the PDT meeting, and final meeting minutes will be electronically distributed to the appropriate parties within ten (10) working days after the meetings. CONSULTANT will provide meeting agendas, which include deliverables log, action items log (as applicable). A total of 18 PDT meetings will be attended by the CONSULTANT. Individual focused meetings will be held with various agencies and stakeholders involved in the project.
CONSULTANT will prepare and electronically distribute agendas at least two working days prior to each stakeholder and other coordination meetings. CONSULTANT will schedule these meetings as required and prepare meeting minutes and electronically distribute them within ten (10) working days after each meeting which it attends. A total of six (6) individual focused meetings are anticipated to be attended by the CONSULTANT.
Deliverables:
• Eighteen (18) Monthly PDT Meetings and Meeting Agendas/Minutes • Six (6) Stakeholder/Focused Coordination Meetings and Meeting Agendas/Minutes SECTION II: MAPPING AND REPORTS
Field Visits and As-Built Research
CONSULTANT to review CITY collected existing topographic mapping, photos, bridge reports, maintenance reports, right-of-way maps, “as-built" plans, record maps and surveys, study reports, assessor maps, contract documents, accident data, and any other pertinent data will be obtained and reviewed.
CONSULTANT shall perform additional field reconnaissance when necessary. Field reviews will be limited to publicly accessible proposed arterial intersection, freeway/highway interchange improvement locations and private property in accordance to executed right of entries.
Design Surveys
The CITY will provide all survey data required for the project. Survey data will be provided in English units.
Drainage Study
CONSULTANT will conduct an analysis to determine the impacts this project has on the natural drainage patterns for Cherry Valley Boulevard Interchange. This analysis will incorporate the use of available information from the CITY and CALTRANS. CONSULTANT will prepare a drainage report utilizing data from prior hydrology/drainage investigations in the area. CONSULTANT will analyze existing drainage sub-basins and summarize changes in drainage patterns that will occur from the proposed improvements. Included in the report will be recommendations for on-site improvements such as structures needed at pipe culverts, inlet and outlet locations, erosion control measures and other storm drainage controls.
The scope of the drainage design will be to convey storm water run-off from the proposed and existing roadway, freeway and ramps through the use of overside drains and inlets that will be located within the interchange area, into BMPs, retention basins, etc., to hold the storm water "on-site".
A hydrology analysis will be performed for the on-site proposed roadway improvements.
The calculations for proposed drainage conditions will be based upon the Rational Method, and calculations for proposed channel/pipe sizes, inlet locations, and outfall areas based upon proposed modifications to the existing drainage system within Caltrans right of way.
The design storm tailwater Hydraulic Grade Line (HGL) information will be available from Caltrans for the purposes of calculating required changes to the drainage system.
The calculations for proposed drainage conditions will be based upon the Rational Method, and calculations for proposed channel/pipe sizes, inlet locations, and outfall areas based upon proposed modifications to the existing drainage system within Caltrans right of way.
The design storm tailwater Hydraulic Grade Line (HGL) information will be available from Caltrans for the purposes of calculating required changes to the drainage system.
Deliverables:
• Drainage Report for PS&E
• Caltrans approved drainage report for PS&E
Geotechnical Report
CONSULTANT will prepare and submit a geotechnical review and exploration plan for CALTRANS review.
CONSULTANT shall obtain encroachment permits from the CITY and CALTRANS prior to exploration for Cherry Valley Boulevard Interchange. The approved environmental document will suffice for environmental clearance for geotechnical borings. CITY will obtain any private property right-of-entry permit that may be
required based on pertinent data provided by CONSULTANT. CONSULTANT shall conduct subsurface investigation for the following design elements and evaluate the results in accordance with CALTRANS testing criteria:
I-10/Cherry Valley Boulevard Overcrossing; CALTRANS Retaining Walls; Pavements and Embankments; Ramp inlet BMP Locations; CALTRANS Overhead Sign Structures; CALTRANS Standard Soundwalls.
CALTRANS is enforcing the AASHTO recommendations of a soil boring at each bridge support locations where substructure width is less than 100 feet; minimum of two borings are required per location where substructure width is greater than 100 feet. For retaining walls, CALTRANS requires borehole spacing of no more than 200 feet. Since CALTRANS have to approve the Geotech reports, CALTRANS boring guidelines will be followed for this project. Data obtained from some boreholes will be used for multiple design elements.
Consultant’s geotechnical field investigation plan is presented in the following table:
Design Element Proposed Number of
Borings
Approximate Proposed
Depth (feet)
Cherry Valley Blvd OC (replacement) 4 90
2 120
Caltrans Standard Retaining Walls 16 40
Overhead Signs 6 40
Caltrans Standard Soundwalls 6 30
Roadway Improvements 5 20 – 30
12 5
Borehole’s locations to be restored to existing conditions or better by field personnel.
Travel lane or shoulder closures may be required to accomplish the field investigation. Traffic control will be established in accordance with City of Calimesa requirements, CALTRANS requirements, or the W.A.T.C.H.
Manual. Site-specific traffic control plans will not be prepared.
Percolation Tests for Infiltration Basins
Four infiltration tests will be performed for the project. Depth of the wells will depend on the invert elevation but, it is assumed to be no more than 5 feet below existing ground. Well infiltration testing will be performed following USBR 7300-89 method.
Laboratory Testing
CONSULTANT will select representative soil samples for laboratory testing. Various laboratory tests will be performed to determine or derive physical and engineering characteristics of soils. Anticipated laboratory soil tests include grain size distribution, direct shear, consolidation, R-value, maximum density and optimum moisture content, and soil corrosion tests. Tests will be conducted in general accordance with California Test methods or ASTM standards.
Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions for design purposes. The following analyses will be performed for the project:
Evaluation of seismicity, estimation of Peak Bedrock Acceleration based on the CALTRANS design criteria, and recommendations of ARS curve for the bridge structural design. • Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. • Foundation analysis for bridges, retaining walls, overhead signs, and soundwalls. • Assessment of global slope stability and settlement of embankments. • Evaluation of soil corrosivity conditions and recommendations for mitigation measures. • Pavement structural section design in accordance with the CALTRANS methods.
Foundation Report
CONSULTANT shall prepare a Foundation Report for the Cherry Valley Boulevard Overcrossing to provide foundation design recommendations to assist bridge designers in the 65% structure submittal. This report will be prepared in accordance with the current Caltrans Guidelines. Logs of Test Borings will be included as 11x17 inch plans.
Deliverables:
• Foundation Report will be prepared for Cherry Valley Boulevard Overcrossing, in accordance with Caltrans guidelines.
Geotechnical Design Report (GDR) Preparation
The GDR report will be based on comprehensive field and geotechnical laboratory testing and analyses prepared in accordance with CALTRANS guidelines. The reports will be signed and stamped by a California licensed Geotechnical Engineer (GE) and a Certified Engineering Geologist (CEG) and will include exploration logs (LOTBs) and field test data, geotechnical laboratory test data, and geotechnical cross sections. The GDR will include recommendations for CALTRANS retaining walls, CALTRANS overhead signs, embankments, earthwork, and infiltration tests.
CONSULTANT shall survey Geotechnical Boring locations to verify these locations.
Deliverables:
• Geotechnical Design Report in accordance with Caltrans requirements LCCA/Pavement Report
CONSULTANT will update the Life Cycle Cost Analysis prepared during PA&ED.
CONSULTANT will utilize the current Life Cycle Cost Analysis Procedures Manual, Project Development Procedures Manual (PDPM) and the Highway Design Manual, (6th Edition) to prepare and document life cycle costs for pavement for review and approval by CALTRANS. Four pavement alternatives will be analyzed for the project. Each alternative will be analyzed using Real Cost software provided by CALTRANS to determine the initial construction costs, project support costs, future maintenance and rehabilitation costs, total agency costs, user costs, and total life cycle costs. The results of the approved LCCA will be incorporated into the development of the Materials Report.
Deliverables:
• Life-Cycle Cost Analysis Report
Materials Report
CONSULTANT will prepare a final materials report based on field and laboratory testing performed. The report will generally follow the requirements of Topic 114 and Chapter 600 of HDM and organized in general accordance with California Test (CT) 130 (CALTRANS, 2000). The main purpose of this report is to develop preliminary design and construction recommendations to aid CONSULTANT in preparing project Plans, Specifications and Estimates (PS&Es). As such, this report will provide site-specific geotechnical information and recommendations for project (proposed ramps) pavements, mitigating soil corrosion and materials sources as outlined in the HDM. This report will be signed and stamped by a California licensed Geotechnical Engineer (GE).
Deliverables:
• Materials Report
Transportation Management Plan
CONSULTANT shall prepare a Transportation Management Plan (TMP). The TMP shall identify detour routes and lane closures, scheduling of construction activities during off-peak hours, emergency access, development of traffic contingency plans and other factors related to traffic management during construction.
Deliverables:
• TMP
Utility Location Verification
CONSULTANT will perform potholing of existing utilities and prepare and distribute utility base maps to affected utilities. Pothole intervals for any high-risk utilities shall conform to the requirements of the CALTRANS Policy Manual for High and Low Risk Utilities, which requires no greater than 100 feet between pothole locations. Any required agency encroachment permits, and traffic control plans will be prepared by the CONSULTANT.
Potholing of both high and low risk utilities, including all utilities that could conflict with the improvements, shall be determined by the CONSULTANT. The CONSULTANT shall prepare potholing exhibits as needed to adequately locate underground utilities, shall enter into a contract with a licensed contractor for the potholing of utilities, and shall ensure that appropriate permits are obtained from all appropriate jurisdictions prior to the start of work.
The contract between the CONSULTANT and the potholing contractor shall require that the Contractor’s insurance policies name the CONSULTANT, the CITY, and any other affected jurisdictions as additionally insured with respect to the contractor’s general liability, excess liability, and automobile liability policies.
Review and approval of the Contractor’s insurance certificate and endorsements by the CITY shall be obtained prior to the start of potholing work.
The CONSULTANT shall evaluate the potholing data and shall include the information on the utility plans in table format, with numbered or letter references to the location of the potholes. The CONSULTANT shall determine whether the facilities are in conflict, and the limits of the conflict, both of which shall be shown on the utility plans with construction notes.
Deliverables:
• Utility Pothole Location Maps and Text File.
• Pothole Data
SWDR
In accordance with current CALTRANS Project Planning and Design Guide, a Storm Water Data Report (SWDR) shall be prepared. The SWDR prepared for the Project Approval and Environmental Document (PA/ED) phase of the project will be updated for the PS&E Phase. The SWDR will be prepared based on the approved Geometric Approval Drawings (GADs).
CALTRANS storm water evaluation forms will be included to ensure that the proper evaluation process is used for the consideration of treatment best management practices (BMPs). The methods and calculations that will be used to size and design treatment BMPs will be in accordance with CALTRANS Storm Water Quality Handbook.
The SWDR will be signed by the Project Engineer, the District/Regional Design Storm Water Coordinator, and approved by the Project Manager to verify that storm water quality design issues have been addressed, and the data is complete, current, and accurate.
The SWDR will include a project risk level determination, storm water treatment sizing calculations including consideration of hydromodification, determination of disturbed soil area, impervious area calculation, and design checklists. The Temporary Water Pollution Control plans will be included as an attachment in the report for reference purposes related to the Temporary Construction BMPs.
Deliverables:
• Storm Water Data Report
Final Hydraulic Study
CONSULTANT will evaluate historical flooding records, such as aerial photographs and high watermarks covering a span of several years. A final hydraulic study will be conducted to estimate the size and cost of needed cross-culverts and/or bridges for the project.
Deliverables:
• Final Hydraulic Study
SECTION III: UTILITIES AND RIGHT OF WAY ENGINEERING
Right of Way Coordination
CONSULTANT will coordinate with the CITY Right of Way Engineer that is responsible for pulling title reports, preparing deeds, legal descriptions and exhibits, Resolutions of Necessity, Director’s Deeds and Plats, Utility Deeds and Plans. CONSULTANT will provide information to the CITY’S Right of Way Engineer relative to the right-of-way needs and impacts for the project. CONSULTANT will attend meetings with the CITY’S Right of Way Engineer to coordinate project information and needs. CONSULTANT shall coordinate with CITY’S right of way appraisal and acquisition agents to provide design plan interpretation for the appraisal and acquisition process.
Right-of-Way Requirement Maps
CONSULTANT will determine right-of-way needs and prepare preliminary right-of-way requirements maps.
Right-of-Way requirements may include the need for new right-of-way, permanent easements, slope easements, and temporary construction easements.
Deliverables:
• Right-of-way Requirements Map
Utility Conflict Maps
CONSULTANT will develop conflict maps and utility conflict matrix identifying all conflicts with the project based upon utility verification and positive location (potholing). The utility conflict matrix will be provided to CALTRANS’ right-of-way utilities and design unit and CONSULTANT will coordinate with CALTRANS, CITY, and utility owners for relocation/modification planning. CONSULTANT will develop preliminary cost estimate of relocation of affected utilities. It is assumed utility relocation final design plans will be prepared by the responsible utility owners and not by CONSULTANT.
CONSULTANT shall Identify utility companies affected by the project and delineate utilities within the project's sphere of influence on the plans. CONSULTANT shall prepare preliminary plans, which shall include all existing utilities (above ground and below ground) identified by location, size, type, and owner, as appropriate.
CONSULTANT shall check horizontal and vertical clearances for utilities and coordinate design with the various utility companies to address conflicts. In addition to information provided by the owning utility companies and through research of other record maps, field surveys shall be used to locate utility features such as manholes, valves, fire hydrants, poles, risers, etc., which shall be reflected on the plans.
If it is necessary to pothole existing utilities at critical locations, CONSULTANT shall coordinate with CITY and CALTRANS staff to arrange with the respective utility owner to pothole its facility.
CONSULTANT shall coordinate the use of CITY field survey crews to locate potholed utilities by coordinates and elevations based on the project's survey controls.
Known utility conflicts shall be shown on the plans with construction notes indicating action to be taken and by whom. Inventory numbers of poles, vaults and other surface facilities shall be shown on the plans for those facilities that have such numbers attached to the facility and as provided on the owner’s inventory maps.
CONSULTANT will prepare Claim Letter to Owners and distribute prepared conflict maps to affected utilities.
CONSULTANT will prepare a Utility Relocation Agreement (URA) and Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA), as appropriate, for each prior right utility relocation within state right-ofway. Along with coordination from CONSULTANT, CITY and/or CALTRANS will be responsible for all negotiations with the utility companies for cost responsibility and processing the URA’s for approval. URA’s will also be prepared by CONSULTANT for non-prior rights utility relocations. CONSULTANT will provide coordination, recommendations, and support as required.
The utility owners must bear the burden of establishing their prior rights. CONSULTANT shall coordinate with CITY survey and utility owners with respect to prior rights claims and determinations and provide any necessary engineering support. The liability will be based on their property rights whether it be fee ownership, easement, joint use, lease, franchise, etc. If the owner cannot prove their prior right, CONSULTANT will assume they are liable for any required relocation/modification. The liability determination investigation and documentation of easement and right-of-way requirements associated with the utilities will be provided by the CITY Right-of-Way Engineer.
CONSULTANT shall monitor responses to utility notices received and make recommendations for mitigating conflicts. CONSULTANT shall provide written responses to utility companies regarding stated concerns and conduct design coordination meetings with utility companies as needed. Unresolved issues shall be brought to the attention of the CITY as early as practical. Utility conflict issues shall be resolved prior to the completion of the final design plans as follows:
• CONSULTANT shall request and obtain a written acknowledgement of any conflicts from the respective utility owners.
• Reasonable efforts shall be taken to accommodate utility company requests for minor design changes to accommodate their facilities. CONSULTANT understands that the utility companies are generally operating within the CITY or CALTRANS right-of-way but may have prior rights to that of the CITY / CALTRANS or may have rights prescribed by Master Utility Agreements between CALTRANS and utility companies.
Deliverables:
• Claim Letter to Owner
• Requests for utility as-built plans and inventory maps • Notices to owner and agreements to pothole including submissions to CALTRANS for encroachment permits.
• Utility Agreements
• Joint Use Agreements and Consent to Common Use Agreements as required. • Utility Conflict Maps
• Utility Conflict Matrix
• Preliminary Utility Relocation Cost Estimate
Utility Relocation Plan
CONSULTANT will review utility relocation plans provided by Utility Owners, and no-conflict letters, for accuracy and completion relative to the identified utility conflict maps.
Deliverables:
• Redlines and Comment Matrix of Utility Owner Relocation Plans Utility Relocation Package
CONSULTANT will prepare Notice to Owner to affected utility owners based upon conflict maps and utility conflict. CONSULTANT will attach conflict maps, approved utility relocation design prepared by utility owner, and approved URA, JUA, or CCUA for each affected utility owner prepared by CONSULTANT. CONSULTANT will prepare the Utility Certification which will include a list and description of the high-risk facilities, low risk facilities, and other utility facilities.
Deliverables:
• Notice to Owner to Utility Owners
• Request for property rights information
• Design coordination meetings and communications
• Notices to owner to initiate design
• No-conflict letters
• Utility Certification
Utility Relocation Coordination
CONSULTANT will coordinate and work closely with the CITY and utility companies to determine the need to relocate impacted lines, using CALTRANS policy for high and low-risk utilities. CONSULTANT will coordinate and attend coordination meetings with CALTRANS, CITY and utility companies. It is assumed the utility companies will perform relocation design for their own facilities. CONSULTANT is responsible for coordinating electrical service points of connection with the electrical utility company. Plans for any extension of utility service facilities up to the designated service point of connection will be prepared by the utility company. Any necessary interim or permanent utility relocation plans will not be part of the PS&E package developed by CONSULTANT.
CONSULTANT shall coordinate with utility owners, CITY, and CALTRANS utility coordination staff with respect to all utility related matters, including:
• Coordination and communication with respect to utility facilities that are to be installed within planned bridge structures including preparation of agreements as required. • Coordination and communication with respect to utility facilities that are to be installed prior to or concurrent with CITY’s construction project, including preparation of agreements as required. • CONSULTANT shall provide copies of all correspondence with utility companies and other utility related information to the CITY and CALTRANS as required. • CONSULTANT shall prepare Agreements utilizing CALTRANS format and language, modified as necessary for execution by the CITY.
• CONSULTANT shall submit letters, notices to owner, agreements, and other documents to CITY and CALTRANS for reviews and approvals.
• CONSULTANT shall comply fully with CALTRANS utility coordination procedures, as outlined in Chapter 13 of the CALTRANS Right-of-Way manual. CONSULTANT shall be knowledgeable in the required procedures and shall coordinate with CITY and CALTRANS as required.
• CONSULTANT shall coordinate inclusion of special provisions in CITY’s bid documents for adjustments and relocations of utility facilities as alternate bid items, if requested by the owning utility.
Said work may require that cooperative agreements be prepared between the CITY and the owning utility companies. CONSULTANT shall prepare agreements and shall provide information and exhibits as required to support the preparation of cooperative agreements, if needed.
For both water and electric service, CONSULTANT shall prepare a spreadsheet of the tasks required to obtain service, in accordance with the sample provided by, or as approved by, Caltrans, which shall be utilized as an ongoing list of action items and a dynamic record of actions completed, throughout the development of the project. The spreadsheet shall be supplemented with a map exhibit of the project footprint with the locations of all services plotted and referenced to the spreadsheet. The CONSULTANT agrees that any costs that are incurred by the CITY resulting from incomplete or inadequate arrangements for water or electric service, including relocations or removals of existing services, will be the funding responsibility of the CONSULTANT.
CONSULTANT shall assist with the resolution of utility related issues that may arise during the bidding process and during construction, including design modifications as needed and as approved by the CITY.
If and as applicable, CONSULTANT shall perform all tasks required with respect to utilities to enable certification of right-of-way for the project. Certification of the utility section of the Right-of-Way certification shall be in accordance with Chapter 14 of the CALTRANS Right-of-Way Manual and shall comply with applicable Federal and State requirements. CONSULTANT shall be fully knowledgeable in the requirements to certify Right-of-Way with respect to utilities and shall schedule project activities accordingly.
CONSULTANT shall communicate and coordinate with CITY and shall request and coordinate any necessary actions of the CITY which cannot be performed by CONSULTANT, such as agreement execution and document signatures.
Upon completion of right-of-way certification, CONSULTANT shall transmit documents to CALTRANS Rightof-Way branch as requested, including Notices to Owners, Utility Agreements and relocation plans. Upon completion of right-of-way certification, CONSULTANT shall prepare utility liability package files for CALTRANS to include Project Engineer's Certification of Utility Facilities, Right-of-way Certification, Notices to Owners, Utility Agreements, Consultant’s certifications that owner’s plans comply with the needs of the project, CALTRANS relocation plan approvals, relocation plans, and no-conflict letters. Said files shall be neatly organized by utility owner. CONSULTANT shall also provide a complete file as described above, but which also includes the property rights documents and prior rights documentation, communication diaries, requests for utility plans, liability claim letters and responses, structures letters, and all other relevant documents. Said files shall be neatly organized by utility owner.
Deliverables:
• Irrigation and Electrical design to show preferred service location • Application to water purveyor for water service point, including any and all water use calculation information as required by Water Company
• Obtain service address from appropriate municipality
• Obtain approved water service plan from water purveyor
• Application to water purveyor for water service, including coordination with account holder for signatures, payments of fees, etc.
• Service spreadsheet and exhibit as described herein
• Plans, special provisions, and water company drawings, details and requirements for inclusion in bid package.
If new electrical service is needed, CONSULTANT shall provide support. Such support includes, but is not limited to, the following responsibilities:
• Obtain approved electrical service point from Southern California Edison (SCE) for each service equipment enclosure to be installed and identify requirements that SCE has for the provision of service. Coordinate with SCE with respect to design issues associated with the provision of service.
Coordinate with SCE to fulfill SCE’S requirements as appropriate, including preparation of all utility company forms and submission to CITY or CALTRANS for execution. Advise CITY of requirements that are beyond the scope of the
• SCE shall be notified that Electrical Safety Orders clearance requirements must be met (10' radial clearance between 12kv overhead electrical facilities and signal poles and mast arms, and greater clearance for higher voltage electrical facilities). Show such clearance conflicts on the plans with construction notes.
• Submit plans indicating proposed service connection locations to SCE for approval (service equipment enclosure, conduit runs, riser quadrant, pole number, and connections to vaults as appropriate).
• Provide detailed load calculations to SCE, which provides calculations of the normal and maximum expected loads.
• Application to SCE for electric service point(s), including all electricity use calculation information and electrical plans as required by SCE.
• Obtain approved electric service plan from electric purveyor. • Staging plans for relocation of electrical service meters. • Application to electric purveyor for electric service, including coordination with account holder for signatures, payments of fees, etc.
• Plans, special provisions, and electric company drawings, details, and requirements for inclusion in bid package.
SECTION IV: DRAFT PS&E
Roadway Plans
CONSULTANT will prepare 65 percent level layouts, profiles, super-elevation diagrams, and typical sections.
Pavement type will be as defined in the pavement life cycle analysis. ADA upgrades for ramp intersections with arterial streets within the project limits will be based on the project scope as defined in the approved Project Report.
It is assumed that the highway planting/irrigation will not be included. The project will include hardscape ONLY. No plants or irrigation system is anticipated.
Signing & Striping Plans
CONSULTANT will prepare 65 percent level Sign Plans to show existing and proposed new signs.
The plans will include sign details and quantity sheets (including contractor furnished sign summary quantities). The Sign Plans will include roadside signs per CALTRANS guidelines and MUTCD.
Stage Construction Plans
CONSULTANT will advance the construction staging approach identified within the PA/ED into the development of PS&E stage construction (SC) plans. The SC sheets will be prepared to depict the elements associated with the construction staging approach, including:
• Identification of proposed facility/lane closures and work zone areas per stage • Temporary striping per stage
• Location and limits of k-rail and crash cushions per stage • Construction notes indicating the major elements of construction to be completed per stage • Traffic handling notes that describe the proposed traffic handling procedures to be completed per stage
Electrical Plans
CONSULTANT will prepare 65 percent level Electronical Plans for the project including 2 traffic signals, lighting, and ramp metering systems. Traffic signal plans will include locations of traffic signal appurtenances, schedules, signal phasing and structural or foundation requirements in accordance with CITY AND CALTRANS standards and design criteria.
Requirements for electrical service will be coordinated with the local electric utility owner. CONSULTANT will request new addresses for each new electrical service point. Installation of traffic signal interconnect conduit and cable to the adjacent signalized intersections will be shown on the traffic signal and intersection lighting plans.
CONSULTANT will prepare lighting plans to relocate lighting along the on-ramps and off-ramps. The lighting plans will include proposed poles and fixtures, pull boxes, conduit, service locations, wiring, connection diagrams, panel schedules and meter pedestal details. Removal of existing lighting equipment will be shown on the Lighting Plans and no separate Lighting Removal Plans will be prepared.
CONSULTANT will prepare temporary lighting and signal plans for the purpose of continuing service and operations during construction.
CONSULTANT will prepare Ramp Metering Plans for installation of ramp metering equipment at the proposed on-ramp locations.
Utility Plans
CONSULTANT will prepare 65 percent level utility location plans using base layout sheets, showing the location of existing utilities, delineating those that will require relocation/adjustment, and designating who will be responsible for any required adjustment/relocation. Plans will be sent to utility companies to confirm existing facilities locations and relocation limits. This Scope of Work assumes that any necessary or desired utility relocations, overhead utility undergrounding and new utility design plans will be prepared by the utility companies.
Drainage Plans
CONSULTANT will prepare 65 percent level drainage plans, profiles, and quantities based on the drainage report. To address storm water quality (NPDES & CALTRANS) requirements, CONSULTANT shall update the existing PA&ED and SWDR. The drainage, SWDR, and temporary water pollution control will be prepared in accordance with CALTRANS Standard Drainage Plans and Quantity Sheets guidance. CONSULTANT shall also prepare temporary drainage plans, as may be needed based on the stage construction sequencing, to maintain temporary drainage conveyance from the traveled way.
The scope of the drainage plans is based on utilization of existing cross culverts and downstream drainage systems for tying in new or relocated drainage systems or extending existing systems.
Deficient existing systems will be identified, whether due to the new or widened pavement section, different hydrology design criteria currently in place, or other reasons. Analysis and design for the upgrade of any deficient existing off-site or downstream/upstream on-site drainage facilities, if such facilities are not physically impacted by the roadway work, is not included in the Scope of Work. Deficiency upgrade of the existing on-site drainage systems within the right of way that are physically impacted as a result of the highway improvements is included in the scope of work.
Deficiencies due to other reasons will be presented for a policy decision by the CITY to incorporate into the project design and construction.
Existing off-site hydrology for the freeway or highway cross-culverts and regional drainage facilities in the vicinity will be referenced from previous drainage studies and will not be updated or verified for this Project.
Previous reports will be utilized to determine hydraulic control for any new storm drain facilities that may be connected to these existing cross-culverts and regional facilities. In the absence of such information, best professional judgment will be used to establish the required hydraulic controls.
Treatment BMP facilities will be incorporated within the Drainage plans. Separate Temporary Water Pollution Control plans will be prepared. It is assumed that the Temporary Water Pollution Control plans will be prepared for the appropriate Risk Level based on planned construction schedule duration and the condition of the receiving waters and per the latest General Construction Permit. Erosion Control plans will be part of the Erosion Control and Maintain Existing Highway Planting plans described elsewhere in this scope of work.
The plans will be prepared consistent with the Caltrans Project Development Procedures Manual, Drafting Standards, and Highway Design Manual. The Drainage systems will be numbered with letters assigned to individual drainage items. Drainage profiles will be on separate sheets, followed by drainage details and quantities. The Temporary Water Pollution Control plans will be prepared as part of an attachment to the SWDR.
Specifications
CONSULTANT will prepare 65 percent level unedited special provisions for the construction of the roadway improvements through editing of the current CALTRANS Standard Special Provisions (SSP’s) in accordance with CALTRANS’ Ready-To-List Guide. The technical special provisions will be prepared by a California licensed civil CONSULTANT for incorporation into the construction bid documents for the overall project.
Estimates
CONSULTANT will prepare 65 percent level quantity calculations and final construction cost estimates in accordance with CALTRANS requirements utilizing the current edition of CALTRANS Contract Cost Data book, recent construction bid data and in BEES format. Consultant’s cost estimates will be prepared at each submittal stage.
The following quantities and estimates will be provided:
Roadway Quantities and Estimates; Highway Landscaping Quantities and Estimates (Hardscape ONLY – No planting or irrigation will be included); Drainage Quantities and Estimates; Traffic Quantities and Estimates; Electrical Quantities and Estimates; Utility Quantities and Estimates Deliverables
• 65% Roadway Plan Set (non-structures) Quantities and Estimates SECTION V: MITIGATE ENVIRONMENTAL IMPACTS
Environmental Mitigation/Permitting
Aquatic Resources Delineation and Report
A jurisdictional delineation and report were produced for the Project. However, if 5 years have lapsed from when the field survey(s) for the jurisdictional delineation occurred, a new field survey and report will likely be required. If this is the case, CONSULTANT will conduct an aquatic resources jurisdictional delineation to determine the extent of U.S. Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) jurisdiction within the aquatic resources study area subject to landowner permission.
CONSULTANT will prepare an Aquatic Resources Delineation Report documenting the results of the field delineation. The report will be suitable for submittal to the USACE and RWQCB for use in acquiring regulatory permits, if needed. The report will include a map of aquatic features identified on-site, field measurements, regulatory analysis, and descriptions and photographs of the aquatic features. An Approved Jurisdictional Determination Form or Preliminary Jurisdictional Determination Form, which the Applicant can submit to USACE, will be completed and provided as an appendix to the Aquatic Resources Delineation Report.
Initial biological studies identify aquatic features within the project area that may be subject to regulation under the Clean Water Act (CWA) but not subject to regulation under Section 1602 of the California Fish and Game Code.
CONSULTANT will submit a draft version of each deliverable to the City and CAL-TRANS and will implement one round of comments prior to submittal to the resource agencies.
All deliverables will be submitted electronically via email or file sharing. No hard copies will be prepared.
All potential areas of disturbance will be provided, including depths, and ingress and egress routes.
Encroachment permits, CE/CE, and/or Rights of Entry will be provided by the City for field surveys.
Aquatic resources study area will be limited to the project footprint plus a 50-foot buffer.
Deliverables:
• Draft and Final Aquatic Resources Delineation Report
• Approved Jurisdictional Determination Form or Preliminary Jurisdictional Determination Form Clean Water Act Permitting
Impacts to jurisdictional aquatic resources will require permits/authorizations from the USACE pursuant to Section 404 of the CWA and the RWQCB pursuant to Section 401 of the CWA. CONSULTANT will prepare regulatory permit applications to submit to the USACE and RWQCB and will coordinate with these agencies to obtain the necessary permits for impacts to jurisdictional aquatic resources. Specifically, CONSULTANT will apply for a Section 404 Nationwide Permit (NWP) from the USACE and a Section 401 Water Quality Certification from the RWQCB.
CONSULTANT will submit a draft version of each deliverable to the City and CAL-TRANS and will implement one round of comments prior to submittal to the resource agencies. Should the Regulatory Agencies request additional information after permits are submitted, CONSULTANT will provide up to two Response to Comments to the Re-source Agencies.
The cost provided to conduct this scope of work does not include permit fees payable to the Resource Agencies, mitigation costs, or preparation of a Habitat Mitigation and Monitoring Plan, if needed. CITY will provide a check to CONSULTANT to enclose with the permit application.
Should the project require an Individual Section 404 Permit, additional scope and budget will be required.
CONSULTANT will coordinate and attend three virtual pre-application meetings with USACE and/or RWQCB on behalf of CITY. An in-person site visit or meeting is not included.
Deliverables:
• Draft and Final Section 401 Authorization Application Package • Draft and Final Section 404 Nationwide Permit Application Package CDFW Streambed Alteration Agreement
Impacts to aquatic resource regulated by the CDFW, a Section 1602 Lake and Streambed Alteration Agreement will be required because the Project has been determined to adversely impact existing fish and wildlife resources.
CONSULTANT will submit a draft version of each deliverable to CITY and CALTRANS and will implement one round of comments prior to submittal to the resource agencies. Should the Regulatory Agencies request additional information after permits are sub-mitted, CONSULTANT will provide up to two Response to Comments to the Regulatory Agencies.
The cost provided to conduct this scope of work does not include permit fees payable to the Resource Agencies, mitigation costs, or preparation of a Habitat Mitigation and Monitoring Plan, if needed. CITY will provide a check for CONSULTANT to enclose with the permit application.
CONSULTANT will coordinate and attend one virtual pre-application meeting with USACE and/or RWQCB on behalf of CITY. An in-person site visit or meeting is not included.
Deliverables: Draft and Final 1602 Lake and Streambed Alteration Agreement Permit Application Package Environmental Commitments Record (ECR)
It is assumed that the final design will not necessitate updating the commitments within the Environmental Commitments Record (ECR) as reflected in the adopted Initial Study/Environmental Assessment. If updates are required, they are anticipated to be minor editorial updates, which would include updates to reflect the status of environmental permitting described in Task 1.
ECR changes would be minor editorial updates.
All deliverables will be submitted electronically via email or file sharing. No hard copies will be prepared.
Deliverables do not need to be Section 508 or PAC3 compliant.
No in-person meetings, field visits, or surveys will be required for this task.
No additional technical studies will be required for this task.
Scope of work and fee estimate does not include preparation or support of a NEPA/CEQA Re-Validation or preparation of SSP/nSSP.
No additional surveys, technical studies, memorandums, analysis, regulatory agency or tribal government consultation or coordination is included in this scope of work or fee estimate for this task. A Paleontological Mitigation Plan will be prepared at a later phase. Air quality conformity documentation will be prepared at a later phase, if re-quired.
CONSULTANT will attend up to two virtual meetings with CITY and/or CALTRANS in support of the preparation of the ECR. Project Development Team attendance is included in Project Meetings Task.
Deliverables
• Updated Environmental Commitments Record (Minor Updates) Permit Schedule
CONSULTANT will provide permit applications to CITY and CALTRANS for review within 60 days following receipt of all necessary documents and information from the project team required to complete the permit applications. CONSULTANT will revise permit applications and submit them to the agencies within 15 days following receipt of comments from CITY and CALTRANS.
This scheduling is subject to availability of all necessary documents and information from the project team required to complete the permit applications. Anticipated permit processing times are provided below.
CONSULTANT will coordinate with CITY and CALTRANS during this process as necessary and will attend up to three virtual meetings with the agencies.
Anticipated agency processing times for the Regulatory Permits following application submittal are listed below:
• USACE – CWA Section 404 NWP 90–120 days
• RWQCB – CWA Section 401 Authorization 80–270 days
• CDFW – Section 1602 Agreement 180–270 days
Environmental Revalidation
Environmental Revalidation is not required in this phase.
SECTION VI: DRAFT STRUCTURE PS&E
Type Selection Report and Meeting
CONSULTANT will prepare a Structure Type Selection Report for the following structures:
• Construction of the Cherry Valley Blvd twin structures over I-10 • Construction of the retaining wall along the WB on-ramp The Type Selection Reports will comply with the most current CALTRANS applicable codes, manuals, guidelines, and standards.
The Type Selection Report will include a discussion of structure types, foundation alternatives, falsework or temporary support requirements, preliminary seismic evaluation, placement of utilities carried by the structures, aesthetic considerations, traffic handling requirements, and staging. In addition, CONSULTANT shall develop an order-of-magnitude construction cost estimate based on structure quantities and unit costs based on recent local projects. Anticipated construction methods will be identified in the Type Selection process and coordinated with the project geometry.
CONSULTANT shall submit Type Selection documents to the CALTRANS Office of Special Funded Projects (OSFP) for review and approval.
CONSULTANT and the CITY will hold a Type Selection meeting with CALTRANS OSFP via online (Webex, Teams, or similar tool) to present and obtain concurrence on the proposed structure type and configuration.
CONSULTANT will summarize and submit meeting proceedings to CITY and CALTRANS within one week for written Type Selection approval. The meeting summary will supplement the Type Selection Report.
Deliverables:
• One (1) Type Selection Meeting
• Two (2) separate Draft/Final Type Selection Reports for:
o The Cherry Valley Boulevard overcrossing at I-10
o The nonstandard retaining wall along the WB on-ramp
The El Casco Creek Box Culvert will not require a Type Selection Report since the design is assumed to be based upon CALTRANS Standard Plans.
Preliminary Foundation Report (PFR)
CONSULTANT will prepare a Preliminary Foundation Report (PFR) for Cherry Valley Boulevard Overcrossing to provide preliminary geotechnical information to assist structural designers in the Type Selection process.
This PFR will be prepared using the available subsurface data and the format will be in accordance with the current Caltrans Guidelines. The reports will be signed and stamped by a California licensed Geotechnical Engineer (GE).
Deliverables:
• Preliminary Foundation Report
Structures Plans
CONSULTANT will prepare layout plans and structural details for the following structures:
• Replacement of two bridges over I-10
• Extension of the El Casco Creek Box Culvert (Br. No. 56- 0370) • Construction of retaining walls along the EB off-ramp and WB on-ramp • Construction of 2 soundwalls on the project as approved in the PA/ED phase Structure design will be in accordance with CALTRANS Seismic Design Criteria, Bridge Design Specifications, Structure Technical Policies, Bridge Design Memos, Memos to Designers, Bridge Design Details Manual, and Detailer Alerts. Details and construction specifications will be prepared in accordance with CALTRANS Standard Plans, Standard Specifications, and Standard Special Provisions.
CONSULTANT will prepare a complete set of plans and details covering all the major structure components of the bridges and retaining walls. The plans will have all the information needed to demonstrate the adequacy of the final bridge and wall design for CITY and CALTRANS review. The design will be based on the approved Type Selection structure type. For the I-10 Cherry Valley Boulevard Overcrossing, the assumed bridge baseline alternative is a replacement of the existing bridge with precast girder and cast-in-place concrete deck bridges. For the extension of the El Casco Creek Box Culvert (Br. No. 56-0370), the assumed structure will utilize CALTRANS standard plans for the reinforced concrete box, however the headwalls and warped wingwalls will require structural design.
For the nonstandard retaining wall along the EB off-ramp and WB on-ramp, the assumed baseline alternative is a cast-in-place CALTRANS standard Type 1 retaining wall supported on pile foundations.
The soundwalls will be designed per CALTRANS standard plans for soundwalls on piles.
CONSULTANT will prepare draft technical special provisions in conformance with the most recent versions of the CALTRANS Standard Plans and Standard Specifications. As part of the work involved in the preparation of the technical special provisions, CONSULTANT shall identify non-Standard Special Provisions pertaining to items of work included in the plans that are not addressed in the latest CALTRANS Standard Special Provisions.
Deliverables:
• 65% Structural Structure Plans, DRAFT (unedited) Special Provisions SECTION VII: UPDATE STRUCTURES PLANS PS&E (95%)
Independent Check Calculations
CONSULTANT will prepare a second independent set of structural calculations to verify the adequacy of all the components of bridges and walls. These independent check calculations are a CALTRANS standard procedure and must be followed for all the structures in the State’s right-of-way. To ensure the integrity of the independent check process, these calculations will be prepared by engineer(s) not involved in the design
of the structures up to this phase. The Independent Checker will prepare a list of comments and findings that are forwarded to the design engineers for review. Any discrepancies in the calculations between designer and checker will be reconciled and signed off before submittal.
Update Structures Plans
CONSULTANT will update Structures Plans to incorporate changes in design based on comments and reviews provided by CALTRANS, coordination efforts and updated information after the 65% submittal. The Structure Plans also be reviewed by the Independent Checker and the comments incorporated for the 95% submittal. The plans will undergo a thorough interdisciplinary review by the civil teams - roadway, utilities, electrical, drainage etc. – to make sure the structures are in complete compliance with the rest of project’s disciplines.
Deliverables
• 95% Structure Plans
• Structure Independent Check Design Calculations
Structure Specifications and Structure Special Provisions CONSULTANT will prepare project specific Special Provisions following CALTRANS standards CONSULTANT will prepare non-standard Special Provisions as required by the project.
Deliverables
• 95% Structural Special Provisions
Itemized Marginal Estimate and Quantity Calculations
CONSULTANT will prepare two sets of quantity take-off calculations for the various structure construction bid items. The two sets of independently-prepared quantity take-off calculations will be reconciled by the respective consultants to ensure agreement within the tolerances specified in CALTRANS' PS&E Guide, and the resulting item quantities will be properly summarized using the CALTRANS’ structure item summary sheets. Based on the final item quantities, the structure specifications CONSULTANT will estimate unit prices as a basis for establishing an itemized estimate of the structure’s construction cost.
Deliverables:
• 95% Quantity Calculations and Estimate
Update Foundation Report
CONSULTANT will update the Foundation Report based on comments received from comments and reviews provided by CALTRANS and CITY and updated information after the 65% submittal.
Deliverables
• One (1) Foundation Report
SECTION VIII: UPDATE PS&E (95%)
Update Plans
CONSULTANT will update PS&E Set based on comments received from comments and reviews provided by CALTRANS and CITY and updated information after the 65% submittal.
Deliverables
• 95% PS&E Plans, Specifications and Estimates
SECTION IX: UPDATE PS&E (100%)
Update Plans
CONSULTANT will update PS&E Set based on comments received from comments and reviews provided by CALTRANS and CITY and updated information after the 95% submittal.
Deliverables:
• 100% PS&E Plans, Specifications and Estimates
Update Structures Plans
CONSULTANT will update Structures Plans based on comments received from comments and reviews provided by CALTRANS AND CITY and updated information after the 95% submittal.
Deliverables:
• 100% Structures Plans
RE File
CONSULTANT will meet with the Resident Engineer (RE) and functional units and provide the following information for the RE file. This list is not comprehensive, and CONSULTANT shall provide additional information as appropriate:
• Permits
• Surveying Notes
• Geotechnical (GDR) and Foundation (FR) Reports
• Hydrology/Hydraulics Report
• Relevant correspondence and memoranda
• Engineering calculations (horizontal and vertical alignments, earthwork quantities, etc.) • Environmental Agreements and Reports
• Traffic Management Plan and supplements
• Material Handouts
• Storm Water Data Report
• Right-of-Way Maps & Agreements
• List of Project Personnel
• Cooperative Agreements
• Bridge 4-scale drawings
CONSULTANT will provide an electronic version of all RE file information.
Deliverables: Resident Engineer's File
Scope Exclusions:
• Environmental Revalidation
• Specialty signage on bridge(s)/structure(s)
• Construction Support
Project Manager
Brandon Reyes, PE
Lead Engineer (Roadway)
Lead Engineer (Structures)
Senior Project Engineer
Project Engineer
Associate Engineer
Assistant Engineer
Enginering Technician
Landscape Architect
Constructibility Reviewer
Billing Rate $275 $255 $255 $235 $210 $175 $130 $115 $180 $235 SECTION I: PROJECT MANAGEMENT 320 60 20 160 80 640 $152,400 $152,400 SECTION II: MAPPING AND REPORTS 16 30 10 30 78 148 312 $57,270 $57,270 SECTION III: UTILITIES AND RIGHT OF WAY
ENGINEERING 40 34 34 78 16 198 400 $68,890 $68,890
SECTION IV: DRAFT PLANS, SPECIFICATIONS
AND ESTIMATE (65% PS&E) 132 72 22 240 530 618 640 1,288 140 32 3,714 $600,160 $600,160 SECTION V: MITIGATE ENVIRONMENTAL
IMPACTS 16 16 32 64 $11,920 $11,920
SECTION VI: DRAFT STRUCTURE PLANS,
SPECIFICATIONS AND ESTIMATES (65% PS&E) 26 101 260 81 520 24 1,012 $154,375 $154,375 SECTION VII: UPDATE STRUCTURE PLANS,
SPECIFICATIONS AND ESTIMATES (95% PS&E) 22 26 20 230 360 658 $98,530 $98,530 SECTION VIII: UPDATE PLANS,
SPECIFICATIONS AND ESTIMATES (95% PS&E) 140 68 210 362 460 384 860 42 2,526 $418,090 $418,090 SECTION IX: UPDATE PLANS,
SPECIFICATIONS AND ESTIMATES (100%
PS&E)
56 36 38 180 200 60 320 280 64 1,234 $214,390 $214,390
Total Staff Hours 768 300 217 694 1,444 1,628 1,701 3,506 246 56 Total Staff Cost $211,200 $76,500 $55,335 $163,090 $303,240 $284,900 $221,130 $403,190 $44,280 $13,160 Reimbursables Expenses $82,175 $1,000
TOTALS
Team Resource CostsTeam Resource Costs
$1,776,025
MNS Engineers, Inc. - Fee Estimate
Interstate 10 / Cherry Valley Boulevard Interchange PS&E MNS Engineers Subconsultants Summary MNS Resource Hours MNS Resource Costs AIX Drainage Earth Mechanics (EMI) Geotechnical Engineering HDR Structures & Traffic MNS Engineers Summary Subconsultant Summary Grand Total 10,560 $1,776,025 $306,275 $173,593 $1,273,841 $3,529,734 $38,250 $121,425
$1,814,275 $1,836,884 $3,651,159
EXHIBIT 'B'
FEE PROPOSAL
EXHIBIT 'C'
AUTHORIZING RESOLUTION
City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT AMENDMENT 1 TO REIMBURSE TUMF FUNDS FOR I10/SINGLETON ROAD INTERCHANGE PROJECT MEETING DATE: May 6, 2024
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute the Transportation Uniform Mitigation Fee Program Agreement Amendment 1 to reimburse TUMF Funds for I-10/Singleton Road Interchange Project.
BACKGROUND: Interstate 10 (I-10) and all the Calimesa freeway interchanges were constructed during the 1960's. Only a portion of the Singleton Road/I-10 interchange was completed. Although a fully operational interchange was planned, only a partial interchange was constructed (i.e., westbound offramp and eastbound onramp), resulting in the interchange being operationally deficient since its opening. Furthermore, since the original construction was completed, Caltrans has not built any improvements to this interchange. The City incorporated in 1990 and, therefore, inherited the operationally deficient interchange at Singleton Road.
On November 1, 2021, Council approved a TUMF Agreement allocating $2 million from Western Riverside Council of Governments (WRCOG) toward project construction. The City did not request funds for PA&ED, PS&E, or right-of-way. Those costs were development obligations. However, the development, Oak Valley Town Center has filed for bankruptcy. The City proposes to complete the project by combining it with an adjacent project known as Calimesa Boulevard Realignment at Singleton Road. On August 7, 2023, Council approved an Addendum to the General Plan Environmental Impact Report for the proposed Calimesa Boulevard Realignment Project at Singleton Road.
The combined projects are estimated to cost $13 million. Staff requested that WRCOG increase the project budget to $5 million and distribute funds as shown below:
PA&ED $300,000
PS&E $600,000
R/W $2,100,000
Construction $2,000,000
Total $5,000,000
Staff has requested a budget increase with WRCOG Pass Zone TUMF ’24–’25 budget of another $3 million (administratively approved) and has requested a $5 million congressional earmark to fully fund the project.
In April 2024, WRCOG Executive Board approved Amendment 1.
Staff requests that Council authorize the Mayor to execute the Agreement Amendment 1.
FISCAL IMPACT: The project will be fully funded with WRCOG TUMF and Federal funds.
ATTACHMENTS:
Attachment A: Agreement with WRCOG for Singleton Road/I-10 Interchange
20-PS-CAL-1208
AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS
I-10/SINGLETON ROAD INTERCHANGE PROJECT
This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 1”) is entered into this ______ day of _______________, 2024, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and the CITY OF CALIMESA (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “PARTY” and collectively as “PARTIES.”
RECITALS
A. WHEREAS, WRCOG and the AGENCY have entered into an agreement titled “Transportation Uniform Mitigation Fee Program Agreement to Reimburse TUMF Funds” that is dated November 2, 2021 (“AGREEMENT”). The AGREEMENT provides the terms and conditions, scope of work, schedule and funding amount for the construction phase of the I10/SINGLETON ROAD INTERCHANGE PROJECT (hereinafter the “PROJECT”), B. WHEREAS, WRCOG and Pass Zone Members approved the FY’23-’24 Pass Zone 5-Year Transportation Improvement Program (TIP) designating $5 million for the PROJECT, $3 million for FY’23-’24 and $2 million for FY’24-’25. Funds were designated for Construction,
C. WHEREAS, the development funding the AGENCY’s application with Caltrans using the Streamlined Oversight Processing halted operations, D. WHEREAS, the AGENCY desires to complete Caltrans processing and construction of the interchange improvements,
Attachment 13A
20-PS-CAL-1208
E. WHEREAS, the AGENCY desires to amend the AGREEMENT to redistribute the ’23-’24 funding amounts,
F. WHEREAS, the AGENCY has incurred costs for PA&ED and PS&E, and G. WHEREAS, pursuant to Section 33 of the AGREEMENT, the PARTIES mutually agree to amend the AGREEMENT.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the PARTIES hereby agree as follows:
1. The Funding Amount contained in Section 2 of the AGREEMENT is hereby increased by three million dollars ($3,000,000) from two million dollars ($2,000,000) to an amount not to exceed not to five million dollars ($5,000,000).
2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.
3. Exhibits “A”, “A-1”, and “A-2” of the AGREEMENT are hereby replaced in their entirety by Exhibits “A”, “A-1”, and “A-2” of this Amendment No. 1, which are attached hereto and incorporated by reference.
4. The AGENCY desires to receive reimbursement for amounts expended to date and will invoice upon execution of this Amendment No. 1.
5. The above-stated Recitals are hereby fully incorporated into this Amendment No.
1.
20-PS-CAL-1208
6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the AGREEMENT shall remain in full force and effect between the PARTIES hereto.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above.
WESTERN RIVERSIDE COUNCIL CITY OF CALIMESA
OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director William Davis, Mayor Approved to Form: Approved to Form:
By: ______________________________ By: ______________________________ Steven C. DeBaun Quinn Borrow
General Counsel City Attorney
Attest:
By: ______________________________
Darlene Gerdes,
City Clerk
20-PS-CAL-1208
EXHIBIT “A”
SCOPE OF SERVICES
1. SCOPE OF WORK: The AGENCY, in coordination with Caltrans, proposes to complete a partial interchange at Interstate 10/Singleton Road Interchange to improve traffic circulation and provide traffic congestion relief. The project proposes to add westbound entrance ramp and an eastbound exit ramp to complete the interchange. The project includes installation of traffic signals, right turn lanes, drainage system improvements, and retaining walls. Funds will be used for PA&ED, PS&E, Right-of-Way, and Construction.
20-PS-CAL-1208
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $300,000 $0 $300,000
PS&E $600,000 $0 $600,000
RIGHT OF WAY $2,100,000 $0 $2,100,000
CONSTRUCTION $2,000,000 $8,000,000 $10,000,000
TOTAL $5,000,000 $8,000,000 $13,000,000
20-PS-CAL-1208
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED Aug ‘24 $300,000
PS&E Dec ‘24 $600,000
RIGHT OF WAY Apr ‘25 $2,100,000
CONSTRUCTION Apr ‘26 $10,000,000
TOTAL $13,000,000
City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: LEAGUE OF CALIFORNIA CITIES
MEETING DATE: May 6, 2024
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council discuss the subject of this staff report and provide direction to staff.
BACKGROUND & DISCUSSION: The City of Calimesa is one of 483 incorporated cities in California. Of those cities, 472 are current members of the League of California Cities (CalCities).
CalCities is organized with 16 regional divisions, including one specifically for Riverside County.
Councilmember Linda Molina is the current chair of the Riverside County Division. Over four hundred city officials comprise seven policy committees, which in part drive the policy-making and legislative advocacy process.
Aside from policy committees and legislative advocacy, CalCities provides educational opportunities for city staff and elected officials. Often these events are tailored for specific departments. Education events require payment, but registration fees are less than those available to non-member cities.
As an example, CalCities recently held a City Leaders Summit in Sacramento from April 17-19, 2024. Registration for member cities cost $650 per person and were $1,650 per person for nonmember cities. Attachment A to this report is a report outlining CalCities’ advocacy priorities. The City has also sent new City Councilmembers and Planning Commissioners to Mayors and Council Members Academy and Planning Commissioners Academy.
A couple of councilmembers have requested that the subject of CalCities be agendized for a discussion with the full City Council.
FISCAL IMPACT: The City’s CalCities membership dues for 2024 were $6,842 and were paid for out of the General Fund.
ATTACHMENTS:
Attachment A: League of California Cities 2024 Advocacy Priorities
League of California Cities 2024 Advocacy Priorities
1. Safeguard local revenues and bolster local economic development.
Cities are the engine of the state economy. With a looming state budget deficit, it is critical to counter efforts by the state and corporations to erode or skim local revenue.
Cal Cities supports increasing local revenue streams for local governments and opposes any effort to reduce or eliminate existing funding to cities. Cal Cities will use every tool in the toolbox — legislative, legal, and grassroots mobilization — to fight a 2024 ballot measure that represents an existential threat to local control. The measure, sponsored by the California Business Roundtable, would put at risk billions of dollars for essential local services. Cal Cities also supports legislation that will fund a state-local partnership to enhance economic development in these uncertain fiscal times.
2. Strengthen climate change resiliency and disaster preparedness.
The threat of climate change is no less during tough economic times. The state needs to accelerate its efforts to prepare, reduce, and adapt to the ever-changing risks posed by climate change — especially in vulnerable and under-resourced communities.
These risks include wildfires, flooding, drought, and other extreme weather events. Cal Cities will pursue funding strategies, including potentially a bond, that provide cities with the necessary resources to improve community and infrastructure resiliency. Cal Cities will also seek to advance a partnership with state and federal agencies to strengthen essential infrastructure, including modernizing the state’s water supply and energy grid.
3. Improve public safety in California communities.
A spike in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, and back-to-back natural disasters, as well as strained social services are creating challenges beyond the capacity of local governments. Cal Cities will partner with the state to advance solutions that help reduce crime, increase emergency service capacity, and provide more support to those residents struggling with substance abuse.
We will work with the Legislature, the Governor, and allies to craft legislation that will reform Proposition 47, while avoiding a return to the days of mass incarceration.
4. Expand investments to prevent and reduce homelessness and increase the supply of affordable housing.
California cities are doing more than ever to get residents off the streets and into safe, stable, and affordable housing. However, the homelessness crisis in the world’s fifthlargest economy continues unabated — fueled in part by a lack of affordable housing.
Cal Cities is calling on the state to provide ongoing funding to bolster local efforts to support individuals experiencing, or at risk of, homelessness as well as strengthen state and local partnerships to improve access to wraparound services, including mental health and substance use treatment. Cal Cities also supports ongoing funding for cities to jumpstart the construction of affordable housing, while ensuring cities retain local decision-making and flexibility to achieve community and state housing goals.
Attachment 14A
Public Safety
www.calcities.org
A spike in retail theft, violent smash-and-grab robberies, fentanyl deaths, and strained social services are creating significant challenges beyond the capacity of local governments in California. Cities need state assistance to advance solutions that help reduce crime, increase emergency service capacity, and provide more support to those struggling with substance use.
Priority public safety bills
AB 1779 (Irwin) Theft. SUPPORT
This measure would allow prosecutors to file charges related to retail theft across jurisdictions.
AB 1990 (Carrillo, Wendy) Criminal procedure: arrests: shoplifting. SUPPORT This measure would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting.
AB 1960 (Soria) Sentencing enhancements. SUPPORT
This measure would create a new sentencing enhancement for property loss or damage that occurs during the commission of a felony.
SB 923 (Archuleta) Theft. SUPPORT
This measure would revise Proposition 47 to require a person convicted of petty theft or shoplifting to be punished by one year in county jail if the person has two or more prior convictions for theft-related offenses.
Why these bills matter to cities
• Reducing retail theft, shoplifting, and organized retail theft is a top priority for city officials and their communities. These criminal activities are adversely impacting small businesses, residents, and local economies.
• Rising theft is impacting many communities in California, and city officials need additional tools to help reduce crime and improve the safety of their neighborhoods. • Commercial burglary is at the highest rate since 2008. According to the Public Policy Institute of California, commercial burglary increased statewide since 2020, including in 14 of the15 largest counties.
• City officials are calling on the Legislature to take swift action and pass comprehensive reform to reduce the alarming rise in retail theft, without returning to the days of mass incarceration.
Improve public safety in California communities.
2024 Cal Cities Advocacy Priority
Housing and Homelessness
www.calcities.org
California cities are maximizing efforts to get residents into safe, stable, and affordable housing.
Cities are connecting unhoused individuals with wraparound services, delivering permanent supportive housing, and jumpstarting affordable housing construction. However, the homelessness crisis continues unabated — fueled in part by a lack of affordable housing and ongoing funding.
Solving this dual crisis will require a strong partnership between all levels of government.
Priority bills and budget ask
$3 billion annually to help cities increase housing supply and prevent homelessness. SUPPORT The state must bolster local government efforts to support our most vulnerable residents through ongoing, permanent funding in the state budget to prevent and reduce homelessness and boost the supply of affordable housing.
AB 1886 (Alvarez) Housing element: substantial compliance. OPPOSE This measure would eliminate the ability of cities to self-certify their housing element and encourage developers to pursue “builder’s remedy” projects, thus avoiding local housing plans and zoning requirements.
SB 1037 (Wiener) Planning and zoning: housing element: enforcement. OPPOSE This measure would allow the Attorney General to take legal action against a city and seek fines up to $50,000 a month for either failure to adopt a compliant housing element or if the city disregards state laws that require ministerial approval of certain housing projects.
Why these priorities matter to cities
• A major obstacle for cities to effectively plan, zone, and approve housing is the state’s desire to continuously change the law, especially when many recent laws disregard local decision-making and community involvement. New, unproven, and overreaching policies are not what is needed.
• Instead of pursuing new laws that punish cities — even those acting in good faith — lawmakers should direct the Departmrent of Housing and Community Development to better assist cities with housing element compliance.
• Lawmakers should partner with local officials to invest in cities and address our housing and homelessness crisis. Targeted, ongoing funding of $3 billion would support community-based solutions that connect our residents to the services they need and provide roofs over their heads.
• Cities support continued funding for the Homeless Housing, Assistance, and Prevention Grant (HHAP) program, but this funding source is not the silver bullet that solves the crisis.
New Cal Cities data show 60% of cities have been unsuccessful in accessing this critical funding. Cities with populations under 150,000 need access to state programs to support their ongoing efforts to address the homelessness crisis.
Expand investments to prevent and reduce homelessness and increase the supply of affordable housing.
2024 Cal Cities Advocacy Priority
Responding to Homelessness
Real progress requires ongoing resources
California cities are working hard to connect residents to the services they need and into safe, stable, and affordable housing. They are doing their part, but the demand for housing and services is outpacing their efforts, straining capacity, and draining resources.
In fact, in the upcoming fiscal year, one in three cities anticipate financial difficulties, which could significantly impact homelessness response and services. As the state faces a budget deficit and homelessness rates rise, local resources will continue to be strained. Now more than ever, cities need ongoing, permanent funding to support community-based solutions that get our most vulnerable residents and keep them in their homes.
Cities agree lack of ongoing funding is the top barrier to preventing and reducing homelessness. ► Additional supportive services
► Affordable housing options
► Increased shelter space
► Rent subsidy programs
► Homeless outreach teams
► Behavioral health programs
Cities would increase capacity, resources, and services with ongoing funding to reduce homelessness, such as:
Cal Cities urges the state to invest $3 billion in ongoing, permanent funding to prevent and reduce homelessness and bolster local government efforts to support vulnerable members of our community. www.calcities.org
*Data and assumptions — The League of California Cities conducted a statewide survey in March 2024 to better understand how cities are responding to the homelessness crisis. In total, 205 cities responded to the survey and represent a diverse group of cities by geography, population, and setting. Collectively, these 205 cities represent 42% of all cities in California. For more information email [email protected].
Has your city
implemented programs
to address homelessness?
85%
YES
15%
NO
Does the number of individuals
entering homelessness exceed
your city’s ability to reach a net
reduction in homelessness?
68%
YES
32%
NO
Does your city have concerns
about providing existing
homelessness services long term?
93%
YES
7%
NO
87% have invested
General Fund revenues
to address homelessness.
81% say inconsistent
state funding impacts the
ability to address homelessness.
Responding to Homelessness
How California cities are making real progress
www.calcites.org
Local leaders are forming public-private partnerships, collaborating with community groups, and cobbling together funding to deliver emergency shelters, permanent supportive housing, and wraparound services. Yet even with new investments and accelerated efforts, homelessness continues to rise. New data from Cal Cities shows that in nearly 70% of cities, people are falling into homelessness faster than cities can house them. Over 90% of cities worry about their ability to provide homelessness services long-term.
Even with a lack of ongoing funding from the state, cities are committed to serving their unhoused residents. Below is a small sample of those efforts, which could be much more impactful when supplemented by permanent state funding.
Bakersfield
Bakersfield has invested millions of city, county, and state dollars to support people experiencing homelessness, provide housing, increase staffing, and expand wraparound services. This influx of funding seeded 500 new shelter beds since 2018 and helped the city permanently house more than 330 residents since 2020. The city is also part of a larger, regional response to prevent and reduce homelessness in the community.
Long Beach
Homelessness is a housing crisis. In Long Beach, city officials permitted so many new homes that the supply boost contributed to a 5% drop in average rent in the city. It also ramped up its homelessness services, investing millions of dollars in outreach, encampment resolution, permanent housing, shelter space, and supportive services. Despite these efforts, homelessness still increased in 2022. Even for a city as large as Long Beach, grant funding is still both limited and competitive.
San Luis Obispo
Last year, San Luis Obispo adopted its first homelessness strategic plan and hired its first homelessness response manager. It worked closely with the county to provide resources to unhoused people living in high-risk flood and fire zones. It also earmarked encampment resolution funding for temporary washrooms and storage areas, as well as outreach and services coordination, to direct unsheltered people to supportive housing.
Corona
In 2020, Corona formed a public-private partnership with county agencies, businesses, nonprofits, and faith-based organizations to deliver a comprehensive set of services for unhoused residents. A statewide nonprofit provides outreach and support services, case management, and a path to permanent housing. Unsheltered homelessness in Corona has decreased by 60% since then. This led to a joint program with the city of Norco, funded by state, federal, and local city dollars.
Eureka
Eureka significantly reduced the number of unhoused residents through Uplift Eureka. The crosssectional partnership streamlined existing services and focuses on four areas: housing assistance, resume and interview skill development, job training, and outreach. Since 2019, the program raised more than $3 million in grants — including a $1 million federal Emergency Solutions Grant — and reduced the number of people experiencing homelessness by roughly 25%.
www.calcities.org
Hayward
The number of homeless people in Hayward fell by 22% from 2019 to 2022, due to its first Housing Navigation Center and a motel conversion project. The center provides outreach services, short-term housing, case management, and housing placement services for unhoused residents. The center is funded through state dollars, the American Rescue Plan Act, and city dollars.
Modesto
A strong public-private partnership is giving Modesto’s most vulnerable youth the tools and services they need to avoid chronic homelessness. Nearly a third of clients at a young navigation center have entered transitional housing, permanent housing, work programs, or rehabilitation facilities. Forty-three percent have accessed an on-site clinician and or participated in clinical groups, further reducing unsheltered homelessness and the strain on police, hospitals, and shelters.
Norco
For small cities like Norco, a key barrier to reducing homelessness is learning how to deliver services over a larger area with much less money. It joined forces with its larger neighbor, Corona. The cities share the same strategies, supportive services provider, and a staff position that manages both programs. When Cal Cities spotlighted this partnership in 2022, most unhoused Norco residents were sheltered and 26% of program participants had moved into permanent housing.
Paramount
For cities with few resources, connecting people with existing systems of care is key to reducing homelessness. Paramount focuses on coordinating services with other agencies and community nonprofits. The city also passed several affordable housing incentives. These efforts have been remarkably successful; the number of unhoused residents declined by 20% from 2022 to 2023.
Redlands
In 2022, Redlands received $30 million in Homekey funding to convert a former motel into housing for chronically homeless people. The Governor and federal homelessness experts lauded the 100-unit project for its unprecedented speed of construction, which Redlands credits to strong public-private partnerships. The city worked closely with a company to remodel the motel and manage the property, and a local nonprofit provides supportive services.
San Diego
San Diego used a variety of funding sources to prevent and reduce homelessness. In the last two years, the city received millions in HHAP and Homekey funding. San Diego County also gave $5 million to three cities, including San Diego, to create more shelters and connect people to services. The results were striking. In six months, San Diego increased its shelter bed capacity and street outreach by 28%.
In 2022, it connected over 1,470 people experiencing homelessness to permanent or longer-term housing.
Victorville
Victorville recently opened the first facility of its kind to operate in the High Desert Region — a lowbarrier shelter with medical care, interim housing, and other supportive services. Like many other cities, Victorville saw a sharp increase in homelessness after the pandemic, jumping 33% in just one year. The center is an example of what is possible when cities have access to funding.
Boosting Affordable Housing
How California cities are making real progress
www.calcites.org
Cities are working hard to spur housing production so that all Californians have a place to call home.
They’re taking on these difficult and complex tasks while navigating the state’s annual barrage of housing bills that, at times, serve as barriers to increasing the state’s affordable housing supply. Below are just a few examples of cities leveraging partnerships, community input, and multiple funding sources to boost affordable housing.
Alameda
Alameda, a city historically resistant to new development, became the first Bay Area city in 2022 to adopt an ambitious, state-certified housing plan. The plan, created with substantial input from residents, businesses, and other stakeholders, calls for the development of 5,300 new homes and apartments. The state commended Alameda for its action to close the housing availability gap.
Baldwin Park
Baldwin Park is leveraging local, regional, state, and federal funding to create supportive housing and boost affordable housing. The city has launched two tiny home villages since 2021, including one for individuals and one for families. It used ARPA funding and partnered with Habitat for Humanity to buy homes, repair them, and sell them at below-market value. The city is also partnering with the county and local nonprofits on a 107-unit Homeykey project for unhoused residents.
Cathedral City
Cathedral City issued a record 2,495 building permits in 2022 alone. The city also partnered with nonprofits and government agencies to create housing options for vulnerable residents: Veterans Village offers 60 units for homeless or at-risk veterans, and Cathedral Palms offers 224 affordable apartment units for seniors with 68 set aside for formerly unhoused residents.
El Cerrito
El Cerrito is a rare example of a small city with many transportation options. The city is working with Bay Area Rapid Transit to develop two mixed-use developments. The El Cerrito BART station will feature 769 housing units, with nearly half slated as below market income. In 2022, developers finished phase one of a multi-use project — 156 market-rate units — at the Del Norte BART station and will break ground on 69 affordable units in 2024. The projects are part of a site-specific plan which calls for 2,500 residential units.
Fillmore
Affordable housing is often mired in social stigma. But an award-winning affordable housing project in Fillmore broke the mold in 2022. The 77-unit community provides affordable homes for more than 150 individuals, families, seniors, and formerly unhoused individuals. Developers also recently completed a subdivision of 110 condominiums (7 deed-restricted). An additional 200+ units are in the development pipeline, 50 of which are for low-income residents.
Huron
Small, rural cities like Huron struggle with high construction costs, few amenities, onerous grant requirements, and a lack of infrastructure. Huron’s economy depends on agriculture, meaning its population can rise significantly during harvest: One bad season can put severe downward
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economic pressure on the city. Yet federal grants, a “nothing is off the table” philosophy, and crosssectional partnerships show progress is possible when cities receive consistent funding.
Gateway cities
Funding affordable housing is particularly challenging for smaller cities that lack the resources and capacity to identify funding opportunities and work with developers. To work around this, many cities have formed housing trusts to secure funding they might not be eligible for or have the resources to pursue. Last year, the Gateway Cities Council of Government formed an affordable housing trust with 17 cities, speeding up their ability to address the region’s acute shortage of affordable housing.
Nevada City
Rural communities must contend with extra challenges when developing housing, including less funding, workforce shortages — and in the case of Nevada City — wildfire risks, higher insurance costs, and a lack of buildable terrain. Until the opening of Cashin’s Field — 51 units for extremely-low, very-low, and low-income families — the last large multifamily housing built in the city was in 2001. The city financed the project by cobbling together public and private funds. With this project, Nevada City exceeded its state-mandated low-income housing requirement.
Santa Ana
Santa Ana took an equity-centered approach when it transformed one of its oldest strip malls into an affordable housing community for families earning between 30 and 60% of the area’s median income. The city focused on the needs and history of the neighborhood, ensuring that neither businesses nor residents were displaced. The community features an outdoor open space and a revitalized commercial center. The city helped fund the project with $6 million of its own resources.
Santa Monica
In 2022, Santa Monica launched a pilot program prioritizing affordable housing for families displaced by urban renewal policies of the 1950s and ‘60s. The city-funded program, initially open to 100 displaced, low-income families or their descendants, gives priority access to below-market rent apartments. The city is one of a few nationwide attempting to compensate the more than a million people impacted by racist urban renewal policies. The city is also funding several affordable housing projects.
Roseville
In the late 1980s, Roseville began expediting the approval process for housing and commercial projects. It grew from 25,000 residents in 1980 to an astounding 155,000 today, in part because of the city’s pool of market-rate and affordable housing. Developers have completed 3,958 new affordable rental units, including 1,000 for people with extremely- or very-low incomes. Another 2,400 units are underway, with 50% set aside for people in extremely- and very low-income brackets.
Ukiah
Ukiah received the state’s “prohousing” designation in 2023. It is a remarkable accomplishment for a city once perceived as resistant to development. In 2017, officials created Ukiah’s first housing strategy, division, and trust fund. The city also proactively reached out to developers who could build affordable housing and missing middle housing. Ukiah has already completed approximately 70-80% of its housing element programs. In the last housing cycle, it produced triple the number of required units, and its housing trust fund was recognized as a Best Practice Community by the HCD in 2018.
Recovery Housing
www.calcities.org
Cal Cities is leading the charge on three bills that would ensure drug and alcohol recovery facilities follow state regulations and provide high-quality treatment. The measures would address longstanding challenges facing many cities by creating more oversight and transparency to protect residents and hold bad actors accountable.
Priority bills
AB 2081 (Davies) Substance abuse: recovery and treatment programs.
CO-SPONSOR/SUPPORT
This measure would require licensed recovery home operators to tell people seeking care that they can check the Department of Health Care Services’ website to confirm a facility’s compliance with state licensing laws.
AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment facilities.
SPONSOR/SUPPORT
This measure would expand reporting requirements for licensed recovery home operators to enhance the Department of Health Care Services’ oversight of sober living homes that are operating as an integral part of a licensed drug treatment facility located elsewhere.
SB 913 (Umberg) Substance use disorder treatment: facilities.
SPONSOR/SUPPORT
This measure would augment state licensing efforts by requiring the Department of Health Care Services to adopt a process that allows cities to request approval to conduct site visits and enforce compliance with existing state licensing laws.
Why these bills matter to cities
• Recovery housing can play a key role in supporting vulnerable residents and creating safer communities. However, the state must also address the need for more oversight, accountability, and transparency.
• Drug and alcohol recovery facilities are loosely regulated in California. Cities and lawmakers have voiced concerns about the overconcentration of recovery homes in certain areas of the state, as well as the misuse of residential homes by profit-driven treatment centers. Compliance with state licensing laws is essential to safeguarding every person’s well-being and care, both inside and outside recovery homes. • For too long, the Legislature and the Governor have failed to pass meaningful recovery housing legislation. Cal Cities has a long history of advocating for legislation that creates comprehensive reform. Yet we continue to see little to no action by lawmakers to move legislation that protects residents and holds bad actors accountable. • Cal Cities’ sponsored measures would address recovery housing concerns while upholding the purpose and integrity of neighborhood care programs. These measures help ensure treatment facilities meet standards for patient care, which is central to effective treatment outcomes and community well-being.
Climate Change Resiliency
and Disaster Preparedness
www.calcities.org
The impacts of climate change on our state are undeniable. California communities are experiencing a pendulum of climate extremes — from megadroughts to torrential flooding to extreme heat and catastrophic wildfires. City leaders are simultaneously preparing their communities for the long-term effects of climate change and rapidly responding when disaster strikes. The Legislature must accelerate efforts with cities to prepare, reduce, and adapt to the ever-changing climate risks — especially in vulnerable and under-resourced communities.
Legislative priorities for cities
AB 2330 (Holden) Endangered species: wildfire preparedness activities SPONSOR/SUPPORT This measure would develop a voluntary, streamlined process for local agencies to submit wildfire preparedness programs to the California Department of Fish and Wildlife (CDFW) and seek approval to avoid, minimize, and mitigate the take of an endangered, threatened, or candidate species, incidental to conducting vegetative management activities in fire hazard severity zones located near urban areas across the state.
SB 1461 (Allen) State of emergency and local emergency: landslide SUPPORT This measure would include landslides in state law for conditions that consistute a state of emerngcy by the state or local governments.
SB 972 (Min) Methane emissions: organic waste: landfills SPONSOR/SUPPORT This bill would require CalRecycle to build upon local technical assistance efforts to support local governments in removing organic waste from landfills. The measure would require CalRecycle to issue two reports to the Legislature in 2028 and 2031 on the progress of organic waste diversion and methane emission reduction and improve alignment with the state’s other climate goals.
AB 1567 (Garcia) and SB 867 (Allen) Climate Bonds SUPPORT IF AMENDED This measure would enact a comprehensive climate bond, which, if approved by the voters in November 2024, would authorize a $15.995 billion (Garcia) or $15.5 billion (Allen) bond to finance capital infrastructure projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and clean energy programs. Cal Cities would like to see additional funding for organic waste diversion, water conservation, and public fleets for cities.
Why these priorities matter to cities
• Cities are proactively responding to the climate crisis, including planning and preparing for the shift in our climate and proactively addressing impacts when disaster strikes. Aligning climate programs and providing more tools and pathways to prepare for and address our changing climate and disasters will support cities in climate resiliency efforts. • In the face of a looming economic recession, now is not the time to cut back or delay much-needed long-term climate resiliency funding. The state must take action on a climate bond this year to enourage long-term climate investments for the future.
Strengthen climate change resiliency and disaster preparedness. 2024 Cal Cities Advocacy Priority
Local Revenues
www.calcities.org
California cities provide essential services residents depend upon every day, but cities can only maintain the delivery of these services if they have the fiscal resources to do so. New Cal Cities data reports that one in three cities anticipate having a local budget deficit in the upcoming year. Local governments and state lawmakers must work together to protect the economic tools cities need to remain fiscally sustainable and able to deliver vital local services.
Legislative priorities for cities
SB 1164 (Newman) Property taxation: new construction exclusion: dwelling units. OPPOSE This measure would negatively impact local government property tax revenue by exempting newly constructed accessory dwelling units (ADU) from property tax assessment for 15 years if certain conditions are met.
SB 1494 (Glazer) Local agencies: sales and use tax: retailers. OPPOSE This measure would, as of January 1, 2024, prohibit a city from entering a sales tax rebate agreement with a retailer. The measure would also make all existing agreements void and unenforceable, as of January 1, 2030.
The so called “Taxpayer Protection and Government Accountability Act.” OPPOSE This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
Why these priorities matter to cities
• Legislation that deprives local governments of essential revenues, such as property tax, harms our communities. California cities and lawmakers should work together to strengthen local revenue streams, not diminish them. • Cities are responsible for providing critical services to their communities.
Lawmakers must partner with local governments to ensure cities can access a suite of economic tools that strengthen fiscal sustainability and protect local budgets.
• The so-called “Taxpayer Protection and Governmental Accountability Act would undermine voter rights, transparency, and accountability. The measure attempts to retroactively cancel revenue measures already approved by voters, potentially resulting in cuts to fire and emergency response, law enforcement, parks, libraries, affordable housing, and services to support homeless residents.
Safeguard local revenues and bolster local economic development. 2024 Cal Cities Advocacy Priority