Cities Index.
Bus Shelters Franchise Agreement

Diamond Bar City Council
November 15, 2022

Document
Bus Shelters Franchise Agreement
Meeting
November 15, 2022
Body
Diamond Bar City Council
Pages
6
Original file
26.2 MB
Text extracted from the city's file for reading and search. Open the original on diamondbarca.iqm2.com. That file is the official record.

1729719.1

BUS SHELTER FRANCHISE AGREEMENT
THIS BUS SHELTER FRANCHISE AGREEMENT (the "Agreement") is made as of November 15, 2022 by and between the City of Diamond Bar, a municipal corporation ("City"), and Focus Media Group, inc. an Oklahoma Corporation, ("Contractor").

1. Contractor's Services.

Subject to the terms and conditions set forth in this Agreement Contractor shall furnish all necessary labor, tools, materials, appliances and equipment for the procurement, construction and installation of bus shelters (with advertising panels) and benches (without advertising panels) at specified locations throughout the City. The work to be performed shall be in accordance with the plans and specifications, dated October 27, 2022 (Plans and Specifications) attached hereto as Exhibit “A”, and in accordance with prices hereinafter mentioned and in accordance with the instructions of the City Engineer.

Contractor shall maintain specified bus shelters, benches and trash receptacles and be responsible for managing and maintaining advertisements as is further described in the attached Scope of Services, attached hereto as Exhibit “B”. Except as specifically provided in Exhibit “B”, Contractor shall perform all maintenance work set forth in Exhibit “B” at its sole cost and expense.

As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

2. Priority of Documents. The Plans and Specifications attached as Exhibit “A”, the Scope of Services attached as Exhibit “B”, and the are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications and Scope of Services together with this Agreement shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) This Agreement; (2) The Plans and Specifications and the Scope of Services.

3. City’s Project Manager. Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager 1729719.1

4. Term of Agreement. This Agreement shall take effect on the date set forth above and shall continue until June 30, 2027 (“Initial Term”), unless earlier terminated pursuant to the provisions herein.

The City shall have the option to extend this Agreement for up to five (5) additional years beyond the Initial Term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term.

5. Exclusive Franchise.

During the Initial Term, or any extension thereof, Contractor shall have the exclusive right to manage and maintain advertisement on the City-owned bus shelters identified in Exhibit B; provided that should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, Contractor shall be so advised and shall not utilize such advertising. Contractor shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. Contractor will provide local businesses the right of first refusal on 50% of the available advertising space.

Contractor shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising in each bus shelter. Contractor shall arrange for service and installation of the public service announcements. The City shall be entitled to specify certain public service messages to be displayed.

Upon further agreement by the parties, the franchises rights granted herein may include a non-exclusive digital or static kiosk locations. The rights and obligations of the parties for such additional franchise rights will be subject to future negotiations.

6. Contractor Compensation. Contractor agrees to receive and accept the total not to exceed amount of one million ninety-nine thousand six hundred fifty-seven dollars and eleven cents ($1,099,657.11) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations associated with the procurement, construction and installation of the bus shelters, benches and trash receptacles as further detailed in the attached Exhibit A.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Agreement documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3.

7. Liquidated Damages. Contractor agrees to complete the work set forth in Exhibit A within ninety (90) calendar days from the date of the notice to proceed. Contractor agrees further to the assessment of liquidated damages in the amount of ($500) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date.

City may deduct the amount thereof from any monies due or that may become due the 1729719.1
Contractor under this Agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

8. Payment.

A. As work is completed under Exhibit A, Contractor shall submit to City an invoice for the work completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including work completed and task performed.

C. City will pay Contractor the amount properly invoiced within 35 days of receipt.

D. Payment shall constitute payment in full for all work set forth in that invoice.

9. Franchise Payment to City. For the exclusive franchise rights set forth in this Agreement, Contractor shall pay the City a share of the revenue received from its advertising revenue as follows:

From the revenue derived from advertisement on bus shelters, Contractor shall pay to the City a monthly guaranteed percentage of 20% of all gross advertising revenue received by Contractor under this Agreement or flat amount of $240 per advertising bus shelter per year, whichever is greater, during the Initial Term. Contractor shall make such payments on a quarterly basis and the end of each quarter, i.e., March 31, June 30, September 30, and December 31, and provide backup documentation prepared by a certified public accountant, to the reasonable satisfaction of the City, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel.

In the event the City exercises its right to extend the Initial Term, the flat amount per bus shelter shall be increased by the change in the Consumer Price Index for the Los AngelesAnaheim-Riverside metropolitan area (“CPI”) from the month immediately preceding the last month of the Initial Term ending date (the “Index Month”) as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month two years prior to the Index Month.

The City reserves the right to audit the Contractor’s records with respect to any payments made during the Initial Term and any extension thereof. Contractor shall maintain all records relating to revenue received under this Agreement for a period of at least four years. Any late or under payments shall accrue interest at the rate of 10% per annum.

10. Status as Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any 1729719.1
time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.

B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to 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. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.

D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar.

E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section.

11. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.

12. Apprenticeship Employment (applicable to Exhibit “A” work). In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.

Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions.

Contractor and sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the 1729719.1
Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

13. Legal Hours of Work (applicable to Exhibit “A” work). Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the performance of the public works portion this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the Agreement, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

14. Travel and Subsistence Pay (applicable to Exhibit “A” work). Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

15. Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City.

16. Indemnification.

Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City.

Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The 1729719.1
Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind.

17. Insurance.

A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $2,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater B. The Indemnitees shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.

C. All insurance policies shall provide that the insurance coverage shall not be nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.

E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a 1729719.1
copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.

Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach.

G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.

H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor.

I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.

18. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least four (4) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

19. Termination. If Contractor is found to be in default with respect to any term or provision of this Agreement, and if after three (3) business days from the written notice from City, does not cure such default or commence to cure such default in a reasonably prompt manner if such cure requires more than three business days, the City may terminate the contract upon giving FMG written notice, not less than sixty (60) days prior to the effective date of termination; unless such termination arises out of a threat to the public health or safety, in which the termination shall be effective upon notice from the City. 1729719.1

20. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.

21. Prevailing Wage (applicable to Exhibit A work). Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site.

The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him.

The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

22. Presentation of Claims (applicable to Exhibit A work). Any claim, as that term is defined in Public Contract Code § 9204, shall be submitted in accordance with that section and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications.

23. Non-Discrimination and Equal Employment Opportunity.

A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified 1729719.1
applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

24. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

25. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs.

No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.

26. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

27. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

28. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

29. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 1729719.1
“CONTRACTOR” “CITY”
Focus Media Group, Inc. City of Diamond Bar
2271 W. Malvern Ave. #407 21810 Copley Drive
Fullerton, CA 92833 Diamond Bar, CA 91765-4178
Attn.: Michael Culver Attn.: _______________
Phone: 310.897.7096 Phone:

E-Mail: [email protected] E-mail:

30. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

32. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

33. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
lN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Contractor"
Focus Media Group, inc.

Printed
Title:

By
Printed Name:

Title:
"City„
CllY OF DIAMOND BAR
Ruth M. Low
Mayor
ATTEST:

Kristina Santana, City Clerk
Approved as to form:

David DeBerry, City Attorney
State of California "CONTRACTOR'S" License No.47'4 --
CONTRACTOR'S Business Phone: 714.441.1300
Emergency Phone: 310.897.7096
at which CONTRACTOR can be reached at any time.
1729719.1
. [If appl-Icable]
1729719.1
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.

A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
1729719.1
EXHIBIT “A”

EXHIBIT A

DEPARTMENT OF PUBLIC WORKS

CITY OF DIAMOND BAR

CALIFORNIA

SPECIFICATIONS
FOR
Procurement and Installation of Bus Stop
Shelters and Amenities
October 27, 2022
The City's bus stops network consists of a combination of 34 sheltered (30 shelters with advertising panels and four without advertising panels; with benches and trash receptacles) and 43 unsheltered locations (with benches and trash receptacles only). There will be 30 shelter locations that will be replaced as part of this Project. The rest of the amenities, including the benches and trash receptacles, are owned by the City and will be removed, disposed of, and replaced as part of this Project by FMG under this agreement. There are four (4) bus stops with non-advertising bus shelters that are not part of this project located at the intersections of: Diamond Bar Blvd. and Temple Ave. and Golden Springs Dr. and Calbourne Dr.

SPECIFICATIONS
All work performed on bus stop sites/locations must conform to the latest Standard Specifications for Public Works Construction requirements and all applicable codes and regulations, including, but not limited to, the City Building and Electrical Codes. In addition, all work must comply with the conditions of the Public Works Permit issued for the Project and any and all other conditions of the Contract. FMG shall obtain any and all necessary permits prior to its performance of the Contract.

The removal, disposal, furnish and installation of the bus stop shelters, benches and amenities shall be procured in accordance with the general specifications provided in these specifications.

The bus stops are the "front door" or start of the rider's experience within the community. As such, the City’s windmill logo will be incorporated on the back panels of each bus stop shelter.

Removal and Disposal
The City and FMG will coordinate with CCO to schedule the removal of their bus stop shelters as part of this Project (disposal of all bus stop shelters is responsibility of CCO). Disposal of all amenities (benches and trash receptacles) within the bus stop shelters will be the responsibility of the FMG. Disposal of all benches and trash receptacles will be responsibility of the FMG.

FMG shall perform the following
1) Removal and Disposal of eighty (80) amenities (benches and trash receptacles) from sheltered and un-sheltered bus stops (See Bid Schedule#1).
2) Procurement and installation of twenty-six (26) shelters at 25 locations with V-Kiosk advertising panels; with solar panels and amenities including benches and trash receptacles at currently bus stop locations (See Bid Schedule#2).
3) Procurement and installation of three (3) new bus stop shelters with V-Kiosk advertising panels; amenities including benches and trash receptacles; without solar panels. These sites are nonviable solar sites and will be connected to the existing 110 power connection and “stub-up” for illumination (See Bid Schedule#3).
4) Procurement and installation of one (1) new bus shelter with V-Kiosk advertising panels; amenities, including benches and trash receptacles; without solar panels. This site will require a new 110 power connection with a new conduit “stub-up” for illumination (See Bid Schedule#4). 5) Procurement and installation of forty-three (43) bus benches and trash receptacles at unsheltered bus stop locations (See Bid Schedule#5).
6) Full bus stop shelters concrete pads R&R at thirteen (13) locations (See Bid Schedule#6). NOTE:

One (1) bus stop has 2 required pads.

Liquidated Damages
Work on the construction or installation of the first bus shelter shall begin within 30 calendar days after the Notice to Proceed (NTP) issuance. City encroachment permit application must be submitted within sixty (60) calendar days after the Contract has been awarded.

Construction or installation of all shelters, including electrical connections, shall be completed within ninety (90) calendar days after the date that work commences on the first shelter.

Installation of all forty-three (43) bus benches and trash receptacles shall be completed within ninety (90) calendar days after the first date that work commences on the first bench.

Failure to perform, as required above, on any item will result in liquidated damages being assessed by the City in the sum of five hundred dollars ($500) for each calendar day the work remains incomplete beyond the 90 calendar days.

Tolar manufacturing has a current lead time of 120-days.

Claims Filing and Processing
The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or a lower tier subcontractor meeting the requirements of Section 9204(d)(5). Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected.

If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference.

If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement.

Licenses And Permits
FMG will provide the City with a detailed list of contractors and licenses for the work identified herein.

The qualified Contractor shall hold a License A or B. FMG shall apply for a City business license and all necessary permits from the City to install the bus shelters and bus benches/trash receptacles.

The City will issue "no-fee" permits, as required, which may include building, electrical, and construction and excavation permits required for the construction and installation of the bus shelters and benches and trash receptacles.

Site, Design, And Construction Specifications
The bus shelters and bus benches/trash receptacles to be considered for acceptance by City will conform to the following specifications. In the event a design differs materially from these specifications, a full description of the differences will be submitted.

Shelter Design Specifications
All structural steel, unless otherwise noted, shall be ASTM A-36, minimum yield strength 36,000 psi.

All structural aluminum members, unless otherwise noted, shall be of alloy 6063-T5 or greater.

All holes to be drilled or punched.

Steel welding shall conform to the American Welding Society Standard D1.1-10. Electrodes shall conform to AWS 5.1, Class E70S-5.

Aluminum welding shall conform to the American Welding Society Standard D1. 2-08. Electrodes shall conform to AWS/SFA class ER4043.

All welding to be done at the FMG’s facility.

All corporate procedures, including fabrication, will be in compliance with the Company's quality control manual.

All shelters shall be of the same design, wherever used throughout the City unless alternate designs are approved by the City.

Shelter shall be enclosed on two sides and covered.

The roof shall be supported by four curved corner steel columns, aluminum clad, steel columns, or other similar construction materials.

A roof overhang shall be designed in accordance with Exhibit C.

The space between all glass, ad panels, and the sidewalk shall be a maximum of six (6) inches to accommodate a visually impaired touching cane. This may be accomplished with either a larger glass panel, a deeper bottom glass support, or a flange attached to the bottom of the glass support.

All shelters shall be baked powder coat process color RAL 7011 Iron Grey.

Final shelter design (sizes, roof types, etc.) are included in the attached exhibits.

Allowable Size of Shelter:
a. Height: 7'5/16" to 8’-2 15/16"
b. Length: 16’- 8 3/8”
c. Width: 4’-8”
If a shelter is desired at a location that will not permit construction of the standard shelter meeting these allowable sizes, the City will consider design with exceptions.

City Logo Art
Each shelter shall have City’s Windmill Logo art achieved by printing art on top of the powder coat and sealing the art with a protective clear coat as shown in Exhibit C. City Logo format will be provided upon request by FMG.

Advertising Panels
V-Kiosk 2-door panels, two-sided, back-lighted ad panel per shelter will be allowed. Each ad panel side shall display no more than 25 square feet of advertising (fifty square feet total per shelter).

All ad panels shall be constructed of metal and clear tempered glass, seamed and bugged.

Two-8-watt LED strips per door.

Battery and ECM controller inside of kiosk.

All ad panels shall be locked or secured in a manner that will eliminate or discourage vandalism.

Additional specifications are found in Exhibit C.

Wheelchair Access
All shelters shall be designed to accommodate wheelchairs.

Expanded Metal Bench
Minimum bench length: 8'
Minimum bench width: 1'5”
The bench shall be located such that a wheelchair can be placed alongside the bench within the shelter.

All benches shall be baked powder coat process color RAL in Grey.

The 8 feet expanded metal bus benches shall be manufactured per Exhibit D.

The color of the 8 feet expanded metal benches shall be color RAL 7011 Iron Gray, zinc anchors.

Metal Trash Receptacle
Each bus stop (sheltered or unsheltered) shall have a 30-gallon expanded metal bus trash receptacle lid designed and placed to promote maximum usage by patrons. The receptacle and its cover shall be securely attached to the shelter or to the ground.

The metal trash receptacle shall be manufactured per Exhibit E.

All trash receptacles shall be baked powder coat process color RAL 7011 Iron Grey.

Shelter Lighting
Every shelter shall be illuminated by an overhead, energy-efficient LED lighting system concealed in the roof structure from dusk to dawn.

Roof security light 8 watt round LED fixture, see Exhibit C.

Photocell or other approved devices capable of activating each shelter lighting system shall be provided Shelter Drainage
All shelters shall contain a roof gutter system to prevent dripping water over the edges.

Water shall be drained through a downspout (s) located in the columns, with the water exiting at approximately sidewalk level.

Glazing Anchorage
No edge of any glass panel shall be exposed.

All glass panels shall be securely contained and held at both top and bottom. The securing of all four edges is preferable.

All post foundations shall be designed in accordance with the Uniform Building Code (UBC), the latest edition adopted by the City.

Shelter Signage
The name of the nearest cross street, where appropriate, shall be placed on the roof facia on both ends of the shelter. The minimum letter size for this sign shall be three (3) inches high and two and one-half (2 ½) inches wide with Highway Gothic font.

Shelters and Amenities Site Construction
The prefabricated shelters and amenities shall be assembled on site. No welding except for foundation works shall be permitted at the site.

Non-viable Solar Site Locations
Due to the location of the sites, it was found that some sites do not have adequate sunlight to fully charge the solar panel batteries.

Four (4) non-viable locations to receive new bus stop shelters with V-Kiosk advertising panes, amenities and without solar panels. These sites will be connected to the existing 110V power connection and “stub-up” for illumination (See Exhibit F for their locations).

Non-viable Solar Site with New Required Power Connection One site will require a new bus top shelter with V-Kiosk advertising panels, a new 110V power connection electrical run, and a new conduit “stub-up” for illumination (See Exhibit F for location).

Additional details of the new power connection can be found in Exhibit G.

Bus Stop Concrete Pad R&R Locations
Fourteen (14) locations are identified for full bus shelter concrete pad replacements. The pad shall be reinforced to meet codes and loading conditions. All concrete shall conform to the latest Standard Plans for Public Works Construction (See Exhibit F for their locations).

Exiting Bus Stop Shelter 110V Power Electrical Components Current bus stops shelter electrical component/connection details are provided in Exhibit H.

Solar Power System
The viable solar shelters shall be equipped with a solar-powered LED lighting system as manufactured by Urban Solar Corporation (urbansolar.com), 170-watt mono solar panel, solar number RAD 170 system or approved equivalent.

The solar manual for installation & operating is attached as Exhibit I.

BID SCHEDULES
Bid Schedule: See attached.

Page 1 of 5 ends

Bid Schedule #1 – Removal and Disposal

Page 2 of 5 ends

Bid Schedule #2 – New Sheltered Bus Stops - Solar Powered Bid Schedule #3 – New Bus Stop Shelters and Amenities at Non-viable Solar Sites Item
No.

Bus Stop No. Unit Quantity Unit Price
1 3068 EB Diamond Bar Blvd NS Brea Canyon Rd SW LS 1 $ 27,752.54 2 3082 WB Diamond Bar Blvd FS Brea Canyon Rd NW LS 1 $ 27,752.54 3 3066 SB Diamond Bar Blvd FS Clear Creek Canyon Dr SW LS 1 $ 27,752.54 4 1142 EB Diamond Bar Blvd FS Golden Springs Dr SE LS 1 $ 27,752.54 5 1143 WB Diamond Bar Blvd NS Golden Springs Dr NW LS 2 $ 55,505.08 6 3067 SB Diamond Bar Blvd FS Grand Ave SW LS 1 $ 27,752.54 7 3088 NB Diamond Bar Blvd FS Grand Ave NE LS 1 $ 27,752.54 8 3083 NB Diamond Bar Blvd NS Silver Hawk Dr SE LS 1 $ 27,752.54 9 1147 EB Diamond Bar Blvd @ Diamond Bar Park/Ride (Pomona Fwy Ent)SE LS 1 $ 27,752.54 10 3078 SB Diamond Bar Blvd FS Fountain Springs Rd SW LS 1 $ 27,752.54 11 1145 SB Diamond Bar Blvd FS Highland Valley Rd SW LS 1 $ 27,752.54 12 1149 EB Diamond Bar Blvd FS Sunset Crossing Rd NE LS 1 $ 27,752.54 13 1150 WB Diamond Bar Blvd NS Sunset Crossing Rd NW LS 1 $ 27,752.54 14 3061 SB Diamond Bar Blvd FS Tin Dr SW LS 1 $ 27,752.54 15 1146 WB Diamond Bar Blvd (400 yds of) FS Gentle Springs Ln (Diamond Bar Rach) SW LS 1 $ 27,752.54 16 1152 EB Diamond Bar Blvd (400 yds of) NS Palomino Dr (Gentle Springs Ln OPP) NE LS 1 $ 27,752.54 17 1549 WB Golden Springs Dr NS Adel Ave NE LS 1 $ 27,752.54 18 1551 EB Golden Springs Dr FS Brea Canyon Rd NE LS 1 $ 27,752.54 19 1552 WB Golden Springs Dr FS Brea Canyon Rd NW LS 1 $ 27,752.54 20 1556 NB Golden Springs Dr FS Diamond Bar Blvd NE LS 1 $ 27,752.54 21 1568 EB Golden Springs Dr FS Grand Ave SE LS 1 $ 27,752.54 22 1574 WB Golden Springs Dr FS Lemon Ave NW LS 1 $ 27,752.54 23 1564 NB Golden Springs Dr NS Golden Prados Dr SE LS 1 $ 27,752.54 24 1580 WB Golden Springs Dr NS Rapidview Dr NE LS 1 $ 27,752.54 25 1579 EB Golden Springs Dr FS Rapidview Dr SE LS 1 $ 27,752.54 26 $ 721,566.04
Location
TOTAL
Item
No.

Bus Stop No. Unit Quantity Unit Price
1 1144 NB Diamond Bar Blvd FS Highland Valley Rd NE LS 1 $ 25,386.80 2 3087 NB Diamond Bar Blvd NS Quail Summit Dr SE LS 1 $ 25,386.80 3 1573 EB Golden Springs Dr FS Lemon Ave SE LS 1 $ 25,386.80 3 $ 76,160.40
Location
TOTAL

Page 3 of 5 ends

Bid Schedule #4 – New Bus Stop Shelter and Amenities with a new 110 Power Connection Note: Approximately 75’ electrical run.

Item
No.

Bus Stop No. Unit Quantity Unit Price
1 1577 WB Golden Springs Dr OPP Racquet Club Dr NW LS 1 $ 32,389.33 $ 32,389.33
Location
TOTAL

Page 4 of 5 ends

Bid Schedule #5 – Unsheltered Bus Stop Amenities (Benches and Trash Receptacles) Item
No. Bus Stop No. UnitQuantity Unit Price
1 0016 NB Brea Canyon Rd FS Lycoming St NE LS 1 $ 2,402.70 2 0017 SB Brea Canyon Rd NS Lycoming St NW LS 1 $ 2,402.70 3 1098 EB Copley Dr (21660 Ent) @ Diamond Bar City Hall NE LS 1 $ 2,402.70 4 1099 EB Copley Dr (21810 Diamond Bar City Hall) OPP AQMD Driveway NE LS 1 $ 2,402.70 5 1097 WB Copley Dr (Across Diamond Bar City Hall) FS AQMD Driveway NW LS 1 $ 2,402.70 6 3089 NB Diamond Bar Blvd FS Clear Creek Canyon Dr NE LS 1 $ 2,402.70 7 3070 NB Diamond Bar Blvd NS Cold Spring Ln SE LS 1 $ 2,402.70 8 3079 SB Diamond Bar Blvd NS Cold Spring Ln NW LS 1 $ 2,402.70 9 3059 SB Diamond Bar Blvd NS Goldrush Dr NW LS 1 $ 2,402.70 10 3091 NB Diamond Bar Blvd NS Goldrush Dr SE LS 1 $ 2,402.70 11 3074 SB Diamond Bar Blvd NS Kiowa Crest Dr NW LS 1 $ 2,402.70 12 3085 NB Diamond Bar Blvd NS Kiowa Crest Dr SE LS 1 $ 2,402.70 13 3071 WB Diamond Bar Blvd FS Mountain Laurel Way NW LS 1 $ 2,402.70 14 0014 NB Diamond Bar Blvd NS Mountain Laurel Way SE LS 1 $ 2,402.70 15 3076 WB Diamond Bar Blvd FS Pathfinder Rd NW LS 1 $ 2,402.70 16 3081 EB Diamond Bar Blvd NS Pathfinder Rd SW LS 1 $ 2,402.70 17 3090 EB Diamond Bar Blvd FS Crestview Dr / Tin NE LS 1 $ 2,402.70 18 1148 SB Diamond Bar Blvd NS Ent To 60 Fwy West NW LS 1 $ 2,402.70 19 3073 EB Diamond Bar Blvd NS Fountain Springs Rd SW LS 1 $ 2,402.70 20 3069 SB Diamond Bar Blvd FS Quail Summit Dr SW LS 1 $ 2,402.70 21 3077 SB Diamond Bar Blvd NS Shadow Canyon Dr SW LS 1 $ 2,402.70 22 1484 WB Gateway Ceter Dr FS Golden Springs Dr (Holiday Inn Ent) NW LS 1 $ 2,402.70 23 1100 EB Gateway Ceter Dr FS Valley Vista Dr SE LS 1 $ 2,402.70 24 2803 WB Gateway Ceter Dr NS Valley Vista Dr NE LS 1 $ 2,402.70 25 1548 EB Golden Springs Dr NS Adel Ave SW LS 1 $ 2,402.70 26 1557 WB Golden Springs Dr NS Diamond Bar Blvd NE LS 1 $ 2,402.70 27 1558 WB Golden Springs Dr NS Ballena Dr NE LS 1 $ 2,402.70 28 1587 EB Golden Springs Dr FS Ballena Dr SE LS 1 $ 2,402.70 29 1554 EB Golden Springs Dr FS Carpio Dr SE LS 1 $ 2,402.70 30 1555 WB Golden Springs Dr OPP Carpio Dr NE LS 1 $ 2,402.70 31 1565 SB Golden Springs Dr NS Golden Prados Dr NW LS 1 $ 2,402.70 32 1571 NB Golden Springs Dr NS High Knob Rd SE LS 1 $ 2,402.70 33 1572 SB Golden Springs Dr FS High Knob Rd SW LS 1 $ 2,402.70 34 1576 EB Golden Springs Dr FS Racquet Club Dr SE LS 1 $ 2,402.70 35 1583 NB Golden Springs Dr NS Sabana Dr SE LS 1 $ 2,402.70 36 1585 SB Golden Springs Dr NS Sabana Dr NW LS 1 $ 2,402.70 37 1588 NB Golden Springs Dr FS Sunset Crossing Rd NE LS 1 $ 2,402.70 38 1589 SB Golden Springs Dr FS Sunset Crossing Rd SW LS 1 $ 2,402.70 39 1590 NB Golden Springs Dr FS Sylvan Glen Rd SE LS 1 $ 2,402.70 40 1591 SB Golden Springs Dr OPP Sylvan Glen Rd SW LS 1 $ 2,402.70 41 0001 SB Temple Ave FS Diamond Bar Blvd SW LS 1 $ 2,402.70 42 0725 SB Temple Ave (Avenida Rancheros) FS Golden Springs Dr SE LS 1 $ 2,402.70 43 1550 SB Golden Springs Dr FS Temple Ave SW LS 1 $ 2,402.70 43 $ 103,316.10
Location
TOTAL

Page 5 of 5 ends

Bid Schedule #6 – Bus Stop Shelter Concrete Pads R&R
Item
No.

Bus Stop No. Unit Quantity Estimated
Quantity
Unit Price
1 3068 EB Diamond Bar Blvd NS Brea Canyon Rd SW SF 1 190 $ 10,935.45 2 1142 EB Diamond Bar Blvd FS Golden Springs Dr SE SF 1 190 $ 10,935.45 3 1143 WB Diamond Bar Blvd NS Golden Springs Dr NW SF 2 380 $ 18,468.76 4 1144 NB Diamond Bar Blvd FS Highland Valley Rd NE SF 1 190 $ 10,935.45 5 1145 SB Diamond Bar Blvd FS Highland Valley Rd SW SF 1 190 $ 10,935.45 6 1149 EB Diamond Bar Blvd FS Sunset Crossing Rd NE SF 1 190 $ 10,935.45 7 1150 WB Diamond Bar Blvd NS Sunset Crossing Rd NW SF 1 190 $ 10,935.45 8 1146 WB Diamond Bar Blvd (400 yds of) FS Gentle Springs Ln (Diamond Bar Rach)SW SF 1 190 $ 10,935.45 9 1552 WB Golden Springs Dr FS Brea Canyon Rd NW SF 1 190 $ 10,935.45 10 1574 WB Golden Springs Dr FS Lemon Ave NW SF 1 190 $ 10,935.45 11 1564 NB Golden Springs Dr NS Golden Prados Dr SE SF 1 190 $ 10,935.45 12 1577 WB Golden Springs Dr OPP Racquet Club Dr NW SF 1 190 $ 10,935.45 13 1580 WB Golden Springs Dr NS Rapidview Dr NE SF 1 190 $ 10,935.45 14 $ 149,694.16
Location
TOTAL

PUBLIC EXHIBIT A
WORKS Unsheltered Bus Stops (50 Locations) SHEET 2 of 2 NTS 
Original Unsheltered Bus Stops (50 Locations)
LEGEND Unsheltered Bus Stops; to be Replaced In-kind Unsheltered Bus Stop to be Replaced w/ Sheltered Bus Stop moved from Grand/GSD (GSD and Racquet Club Dr)Bus Routes City Boundary

PUBLIC EXHIBIT B
WORKS Sheltered Bus Stops (34 Locations) SHEET 1 of 2
NTS 
Original Bus Shelter (32 Locations)
LEGEND Existing Original Bus Shelters; to be Replaced 2020 Upgraded Shelters (DBB/Temple Ave.); Excluded from Citywide Bus Shelter Replacement Project Sheltered Bus Stop to Move from Grand/GSD to GSD and Racquet Club Dr Bus Routes City Boundary 2020 Upgraded Bus Shelter (2 Locations)

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DIAMOND BAR BL

GRAND AV

GOLDEN SPRGS DR

RIDGELINE RD

PATHFINDER RD

LONGVIEW DR

BREA CANYON RD

GOLDEN SPRINGS DR

DEL SOL LN

LYCOMING ST

CHINO HILLS PKWY

LEYLAND DR

PALOMINO DR

PANTERA DR

DECORAH RD

STEEPLECHASE LN

SUMMITRIDGE D R

SUNSET CROSNG RD

PROSPECTORS RD

CASTLE ROCK RD

ARMITOS PL

WAGON TRAIN LN

DERRINGER LN

BLAZE TRAIL

GOLDRUSH DR

MAPLE HILL RD

COPLEY DR

LEMON AV

COLD SPRING LN
NAN CT

BALLENA DR

AMBUSHERS ST

RIO LOBOS RD

CLEAR CREEK LN

GOLDEN PRADOS DR

MORNING CANYON RD

HAWKWOOD RD

FLINTLOCK RD

FALLOW FIELD DR

OAK KNOLL DR

HIG H KN OB RD

BIRDS EYE DR

SYLVAN GLEN RD

ROCK RIVER RD

MTN LAUREL WY

WALNUT DR

ROCK RIVER DR

DELTA D
CA
R

LBOURNE DR

PLATINA DR

WINDMILL DR

VIA SORELLA

PINTADO DR

CALPET DR

SANTAQUIN DR
RIM LN

RED CLOUD DR

MEADOWGLEN RD

GUNSMOKE DR

CARPIO DR

FALCONS VIEW DR

DRY CREEK RD

ANO NUEVO D
KI
R

OWA CREST DR

VALLEY VISTA DR

FERN HOLLOW DR

JUBILEE LN

RUNNING BRANCH RD

SILVER HAWK DR

BRIDGE GATE DR

GREAT BEND DR

DEERFIELD

ACACIA HILL RD

FALCON RIDGE RD

RAPIDVIEW DR

L NI COLN AV

LOOKING GLASS DR

HIGHLAND VLY RD

COUNTRY PARK RD

TRIGGER LN

PALO CEDRO DR

PEACEFUL HILLS RD

STIRRUP DR

FLINTGATE DR

MONTEFINO AV

BIRCH HILL DR

C RESTVIEW DR

SPRUCE TREE DR

FARBEN DR

WILLOW CREEK

TERRACE L ANE

CANYON RIDGE RD

HIGHCREST DR

GOLD NUGGET AV

MINNEQUA DR

BEAVERHEAD DR

THUNDER TR

SAPPHIRE LN

BOWCREEK DR

PEACEFUL HLS RD

CHIRPING SPARROW RD

NORTHAMPTON ST

QUAIL RUN DR

S RANCHERIA RD

GERNDAL ST

BELLA PINE DR

QUAIL SUMMIT DR

SUNBRIGHT DR

DARRIN DR
CRYSTA; RIDGE

IRONBARK DR

CRESTLINE DR

BREA CANYON CUTOFF RD

GLENBROOK DR

CHARMINGDALE RD

BRAIDED MANE DR

DUBLIN LN

MOONLAKE ST

INDIAN CREEK RD

AFAMADO LN

CLEAR CRK CYN DR

ROLLING KNOLL RD

COYOTE SPRINGS DR

GOL D R UN DR

TOPAZ LN

CHISOLM TL DR

LARKSTONE DR

OVERLOOK RDGE RD

CANYON VISTA CT

SEAGREEN DR

EL ENCINO DR

FEATHERWOOD DR

EMERALD LN

CROOKED CREEK DR

CAPEN AV

CLIFFBRANCH DR

BARBI LN

ASPEN GROVE LN

BREA CANYON

SUGARPINE PL

MILL LN

BROOKWOOD DR

GREYCLOUD LN

DAMIETTA DR

BENT TWIG LN

WINTERWOOD LN

HAPPY HOLLOW RD

L AVE NDER DR

LOST RIVER DR

FOUNTAIN SPRINGS RD

GLENW CI K AV

BOWER CASCADE PL

ADEL AV

LODGE POLE LN

FAIRLANCE DR

RADBURY PL

HONEYHILL DR

KELFIELD DR

ALAMO HEIGHTS DR

BIG FALLS DR

BENFIELD PL

RIM FIRE LN

DEEPSPRINGS DR

SHADOW CANYON R D

BREGANTE DR

SHADED WOOD RD

SAN LEANDRO DR

INDIA N WELL DR

WASHINGTON ST

RIMFORD

GERNSIDE DR

COUNTRY VIEW DR

EVERGREN SPRINGS DR

PECAN GROVE DR

HIGH COUNTRY DR

SILVER CLOUD DR

FALCONS VIEW

GATEWAY CENTER DR

ROCKY VIEW RD

NAVAJO SPRING RD

SHANNON CT

SILVER LN

VIEW LN

BRIDLE DR

WILLO W BU D DR

WAGON TRAIL RD

BENTLEY WAY

FOREST CA NYON DR

TINTAH DR

RUSTY SPUR RD

EASTGATE DR

TWIN CANYON LN

LAZY MEADOW DR

COTTONWD COVE DR

STARSHINE RD

WILLAPA LN

SENECA PL

EAG L E NEST DR

HOLLOW PINE DR

LAURELRIM DR

ACFOLD DR

STARDUST DR

PINTO MESA DR

PRESADO DR

COVERED WAGON DR

LAZY TRAIL R D

SOFTWIND DR

SILVER RAIN DR

DEEP HILL RD

SILVER FIR RD

LEANING PINE DR

EL VADO

HIGHBLUFF DR

EL ENCINO

E OAK MEADOW LN

TIMBERLINE LN

DI A MOND KNOLL LN

AUTUMNGLOW DR

RID GECREST CT

CLAYWOOD DR

GRUBSTAKE DR

S DIAMOND CANYON RD

SHADY RIDGE LN

LYONWOOD AV

S H ADY PL GEM PL

ELDERTREE DR

RO C K Y TRAIL RD

BLENARM DR

WYNNEWOOD DR

BARK ER DR

SAP P HIRE CYN RD

EVERGR EN SPINGGS DR

MILKYWAY PL

LA KEWAY DR

ROCKBURY DR

VALEVIEW DR

SILVERTIP D R

VIENTO VERANO D R

BLENB U RY DR

DRYANDER DR

JASON PL

CLEGHORN DR

CLORINDA DR

CHOLAME DR

WOODBRIDGE CT

FOX G LEN DR

AUTUM HILL RD

BAIN AV

WATER COURSE DR

STRONGBOW DR

PEBBLEWOOD DR

FALCONBURN WY

CEDARDALE DR

FERN PL

CASA LOMA DR

SKYLINE DR

RAINBOW PL

MAN E DR

EAGLEFEN DR

BROKEN FEATHER RD

JA D E CT

BRAMFORD CT

TIERRA LOMA DR

BOX COVE PL

SILVER SPRAY DR

LOS CERROS DR

DIA MON D POINTE LN

SUNWOOD D R

HILTON HEAD DR

B ROKEN A RROW D R

HAR DY DR

SENTRY DR

ROCKBRIDGE RD
TIN DR

RANGE CT

HARE AV

GREENSIDE DR

TORITO LN

SOLE RA LN

TRUEGRIT PL

ST IVES CT

EARLGATE ST

NEWBURY WY

SPRINGWOOD DR

FAREL AV

DEE PLAWN DR

STEEP CANYON RD

DOESKIN PL

RISING STAR DR

HERN DR

MISSIONARY RG ST

DOLE CT

RIDGE POINT DR

CHAPPARAL DR

C HANDELLE PL

MEADCLIFF PL

SUMMERWOOD AV

VANTAGE D R

RUBY CT

BANNER RIDGE

FIREPIT DR

HARMONY HILL DR

WOODLEAF DR

RUSTIC CT

ASPEN KNOLL DR

ANTLER DR

BRIAR CREEK RD

CHARDONNAY DR

PAINT BRUSH LN

WHITECLIFF D
W
R

INDWOOD DR

ESTORIL DR

CLIMBER DR

MIRAGE LN

CLEARVIEW CREST DR

ENRIQUEZ DR

GREYC REST PL

PROSPECT VLY DR

HIDDEN PINES DR

MEADOW FALLS DR

WHITE STAR DR

CAMERON CREST DR

PENARTH AV

CRESTMONT D R

STRANGE CREEK DR

NORTHVIEW PL

E OAK CREST DR

DEE R CROSSING DR

RANCHERIA

BLENFIELD PL

COGBURN LN

SUNBLUFF DR

G O LD CANYON DR

CROW FOOT LN

CHINOOK PL

GOLDPOINT PL

ROSEGATE PL

RANCHWOOD PL

ROBINBROOK PL

FO XHAVEN PL

COPPER MTN DR

SABANA DR

ADAMSGROVE AV

CROMARTY DR

LITTLE QUAIL AV

PANHANDLE DR

EAGLESPUR R D

TIOGA DR

RITTER ST

KINGLAKE DR

AMBERWICK PL

DA RRIN ST

COLDSTREAM CT

BLUFF CT

KICKING HORSE D R

WALNU T DR S
TOP CT

EDDRIDGE DR

GLENCLAIRE DR

CLIFFSIDE LN

MISTY CT

BRONZE KNOLL R D

GARZON PL

AHT ENA DR

MON UMENT CANYON DR

VIST A BUENA DR

HIPASS DR

CREST LN

GINGERWOOD PL

KNOL L CT

BELLOWS CT

FLAPJACK DR

TWIN PINES LN

HOPI ST

SHADEHILL PL

D EVO N PL

CELLO DR

MOUNT ST

REDGATE CR

BEARS DEN RD

PIKES CT

DIAMOND CT

PEAK CT

R A P ID BROOK RD

ALBAR IZ A PL

FEATHER ROCK RD

PINEHILL LN

CAN DLER CT

GLENTHORPE DR

PORTO GRANDE DR

BRONCO LN

LA BONITA RD

STONECREST PL

C ANYON VIEW RD

SAND RIDGE RD

DARIUS AV

PINEFALLS AV

JULIAN CT

HOSS ST

LARK SPRING TE

BO DEGA WY

BUTT ERNUT WY

WAY S IDE PL

GLENWOLD DR

LASPINO LN

JEW E L CT

TIMBE RT OP LN

GREENWICH C T

HILLMAR DR

TOLANI CT

BOULDER LN

CAMARITAS DR

MONTURA DR

DARE CT

MALAGE CIR

BENICIA RD

ONAWA PL

VISTA CT

HIGHBLUFF RD

GAZEBO CT

COOL SPRINGS DR

RUSTY PUMP RD

MAR C C T

TANFORAN LN

BROKEN TWIG RD

CYPRESS GROVE LN

SPEN C ER PL

SUNNYCREST

LASSO DR

TRUSS CT

OXBOW CT

COTTER RI M LN

SHAD Y HILLS DR

RED BLUFF LN

CARRISO RD

COUGAS CREEK RD

S OAK VALLEY PL

EAGLECREST PL

HADDOCK DR

FAIRWIND LN

FIRE HOLLOW DR

RAINWOOD DR

YUCATAN P
PASCO
L
CT

SUNSET CRS RD NF

MISSION ARY RIDGE ST

MACENTA LN

RIEGO DR

ACOLITO PL

TAMBO PL

TENDERFOOT WAY

GABLE CT

MENSH A CT

REXFORD CT

CLA YHORN DR

FIBRE CT

OATES DR

PLEASANT MEADOW RD

SIMS PL

VAL P ICO PL

RED POST CT

CRESTBROOK CT

RE D FIR LN

BAFT LN

WOODHILL CR

BANBROOK LN

PASEO DE TORRADO

PASADO DR

GONA CT

NARATO PL

GR EYFIELD LN

HIDEOUT DR

STAR CT

STONEPINE DR

WOODSPRING PL

BANNING WY

LELA DR

CANYON PARK DR

BRECKENRIDGE CT

RUNNING RIVER CT

ARKLEY DR

WINDSONG CT

PEBBLE LN

ELKS RAPID LN

KIDD DR

CAHILL PL

TREND CT ALDA CT

CHARWOOD PL

PATHFINDER RD NF

ROCKRIDGE LN

MAPACHE DR

BARBERRY DR

COSTILLA DR

SOLTAIRE ST

GIDE CT

PENROSE CT

CAMBON AV

TELLGATE DR

CROLL CT
DAB CT

GEORGE LN

CLOUDS REST DR

BENT OAK RD

RAZZAK CIR

CALMBROOK LN

COPPER CANYON DR

PALO CEDRO DR

G ONA CT

PORTO GRANDE DR

SUNBRIGHT DR

TORITO LN

DEL SOL LN

MOONLAKE ST

MEADOW FALLS DR

CROOKED CREEK DR

TRIGGER LN

CASTLE ROCK RD BREA CANYON RD

S ILVER CLOUD DR

CASTLE ROCK RD

EL ENCINO

SILVER SPRAY DR

RISING STAR DR

BIR DS EYE DR

PENARTH AV

PLATINA DR

DEL SOL LN

EARLGATE ST

INDIAN CREEK RD

CROOKED CREEK DR

LEMON AV

PROSPECT VLY DR

CAMARITAS DR
City of Diamond Bar
Parcels
0 1 2
µ Miles
City Boundary
Parcels
Source: City of Diamond Bar (Planning Dept) 11/12/2010
J:\!GISProjects\Departments\Planning\ParcelMap_Marcel_Maps_DA Los Angeles
County
San Bernardino
County
Orange
County
Riverside
County

EXHIBIT H SHEET 1 OF 1
Existing Electrical Components
PREPARED BY: DATE:

DEPARTMENT OF

PUBLIC WORKS
Contents
Safety Information 2
Contents 3
Introduction 4
Primary System Components 5
Model Numbers/System Configuration 6
Exploded View Example of a Typical System 7
Installation & Assembly Overview 9
Power-up and functional test 27
System Self-Testing 28
Self-Testing 28
Troubleshooting at Installation 30
Maintenance 35
Batteries 35
Contact and Re-order Information 35
RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 3 -

RMS RAD

PV SHELTER SERIES
Transit Shelter Solar-Powered LED Lighting System
RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 1 - Safety Information
Notice
Thoroughly read these instructions and familiarize yourself with the equipment before installing, operating, servicing or maintaining it. The following message warns of potential hazards and offers inductions to avoid them.

This equipment should be installed, operated, serviced, and maintained only by qualified personnel. A qualified person is one who has skills and knowledge related to the construction and operation of this equipment and its installation and has received safety training to recognize and avoid the hazards involved.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 2 - Introduction
The Urban Solar Corporation RMS RAD stand-alone solar powered LED lighting system has been designed specifically to meet the requirements for security lighting in barrel roof type transit shelters and also to provide advertising panel illumination. The system has been engineered to integrate with the shelter’s curved roof mechanical design in order to provide an aesthetic look and a simple installation procedure.

The RMS RAD series has been rigorously tested and is listed by Underwriters Laboratories (UL-Listed). The solar engine sizes available range from 80W to 340W depending on the geographic location and the specific lighting requirements for the bus shelter. All of the RAD series modules are designed to fit curved shelter roofs with radii of curvature ranging from 42” to 93”.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 4 - Primary System Components
The RMS RAD shelter lighting system provides lighting using state-of-the-art LEDs, batteries and solar panels, integrated with an intelligent, programmable energy control module (ECM). Electricity generated by the solar panels flows to the ECM which regulates the charging of the battery bank and controls power to the LEDs. The ECM is factory-programmed to provide variable calendar-based lighting profiles (on time duration and intensity) to match the available solar insolation and user preferences.

The main system components are described below:

PV Array (solar module) - The PV array consists of one or more solar modules mounted to a metal enclosure.

The solar panel array size is selected to provide enough solar charging for the system to operate dusk till dawn, at a specific brightness level, year-round at a given geographical location.

Batteries - The battery bank is composed of multiple, 18 amp-hour 12-volt cells, with quantity depending on the system size. They are sealed, lead acid, rechargeable, and provide a minimum of 5 days autonomy (i.e. the system could operate for at least 5 days with no solar charging – for example during heavy snowfall).

Luminaires - The LED luminaire contains high power white LEDs. The luminaires are driven well below their maximum power rating to increase efficiency and extend the already long life.

ECM - The Energy Control Module is the central control of the lighting system. It controls battery charging and regulates the power to the LED luminaires. The ECM also monitors the system performance to ensure the batteries will not be damaged by overcharging and will turn off the LEDs if the battery voltage falls below the low voltage disconnect (LVD) setting. Once the batteries have been sufficiently charged above the LVD, the ECM will turn the LEDs back on again.

Operating Profile – The RMS RAD has a built-in programmable energy control module (ECM) that is pre-programmed at the factory to set a calendar-based operating profile to maximize the light intensity and duration based on NASA solar insolation data for the region.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 5 - Data Logging / Retrieval - The ECM keeps a daily log of critical operating parameters such as battery voltage, solar panel and LED current. This data can be retrieved in the field in order to assess the system performance.

Model Numbers/System Configuration
The RMS RAD series is available with several sizes and configurations.

Typically, the RMS RAD series systems are configured for both security lighting inside the shelter, as well as advertising panel lighting inside the ad-box. The basic system has one LED security light in the shelter ceiling, and two LED strip lights inside the ad-box. However, systems can be sized and configured to have additional LED lights for both security lighting and ad-panel lighting.

The number of batteries used depends on the system size and LED configuration, as well as the location and specific lighting requirements for on-time and brightness. Typically, systems are configured with 6-10 batteries connected in parallel.

Note: Battery and complete system wiring diagrams are included in this manual for various system configurations. It is imperative that the wiring of the batteries is done according to these diagrams. Failure to complete the battery and system wiring exactly as shown can result in damage to the lighting system components, controllers, or the batteries. Incorrect wiring can also lead to premature battery failure due to imbalance charging and loading of the batteries.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 6 - Exploded View Example of a Typical System
Figure 1.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 7 - Figure 2.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 8 - Figure 3.

Figure 4.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 9 - Installation & Assembly Overview
Important: Failure to follow these procedures may result in system damage and failure. The order of operations when connecting LEDs, batteries, and solar panels is critical. The sequence for electrical connections is as follows:
> Connect LED harnesses to the ECM and install LED fuses. > Connect main battery harnesses to the ECM.
> Connect Solar Panels to the ECM.
> Turn ON Battery Circuit Breaker
> Turn ON Solar Circuit Breaker
The reverse order should be followed if it becomes necessary to troubleshoot the system or to replace any of the system components. Always disconnect solar first!
Note: Do not attempt to connect the LEDs or cut/splice the LED wires with solar and/or battery power. Applied or permanent damage to the ECM may occur.

Always turn off ALL circuit breakers before connecting, cutting, or splicing LED harnesses. > Install LED fixtures and wiring per wiring schematic. Run LED wires back to approximate location of power modules.
> Install Power Modules on shelter roof using mounting feet and / or mounting rails provided. > Route LED wiring into power module – use appropriate wire conduit and sealed connectors where required.
> Install batteries and complete battery and solar wiring – refer to wiring schematic. > Power-up system by turning ON the Battery and Solar circuit breakers.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 10 - Installation – Detailed Procedures
Install LED fixtures and route LED wiring to power module.

Caution – Do not attempt to cut LED wire harnesses or splice LED wires with battery or solar power connected. If wires are cut with battery and / or solar connected, the ECM will be damaged. Remove all fuses and/or turn off all circuit breakers prior to wiring LEDs.

Critical – LEDs have 3 color coded wires to connect:

Red Wire = 12V+
Black Wire = 12VWhite Wire = Dimming Control – the white wire MUST be connected!!! Failure to connect all 3 of the wires correctly will result in system failure.

Figure 5. Round LED Fixture with Housing
RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 11 - Figure 6.

Determine an appropriate location for mounting the LED fixture over the interior ceiling rib near the center of the shelter. (The LED wire harness may have been pre-run by the shelter manufacturer, and the location will have been predetermined.)
Drill a 7/8” hole through the ceiling structural rib and roof rib, then run the LED wiring to the approximate location of the power module on top of the shelter roof – leave some extra cable to work with. A liquid-tight cable grip should be used on the topside roof rib to ensure that water does not leak into the shelter.

Mount the LED fixture housing using provided hardware or TEK screws. Pull LED wires from the topside power module location and into LED fixture housing.

Connect LED harness and secure the LED into the housing using the security screws provided.

Note: In some cases, there may be excess wire coiled inside the fixture housing or a connector on the LED fixture. If there is, then it is advised that the installer cut off the excess wire instead. The connectors will be cut off and excess wire trimmed back – the connection will then be made using wire nuts.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 12 - Figure 7.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 13 - Install LEDs in Ad Box
LED strip fixtures are provided for ad-box lighting. Typically, these fixtures are mounted in the top of the ad-box as shown in Figure 8.

Figure 8.

Typically, there are two or three LED fixtures installed – they should be spaced evenly on the top of the ad-box frame. Fixtures can be secured from the inside with TEK screws as shown. However, if the TEK screws will puncture the top of the ad-box, water can potentially leak through. In this case, be sure to use appropriate hardware with rubber washers on the top side of the ad-box.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 14 - Figure 9.

The ad-box LED wiring is provided. Use the short 12” jumpers to connect the LEDs together, then run the longer LED jumper cable from the second connector on one of the LEDs through a sealed wire grip or conduit connection and through the top of the ad-box and back to the power module location. An appropriately sized, flexible conduit should be used to run the LED wiring back to the power module location.

This will be done after the power module(s) is installed on the shelter roof.

Note: The LED fixtures each have two connectors. These are parallel connections – it does not matter which connector is used to make the connection to the LED.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 15 - Figure 10.

Install power module(s) on shelter roof.

The RMS RAD power modules can be mounted directly to the shelter roof ribs using the mounting feet provided, or if necessary, using the mounting rails to span the roof ribs. TEK screws will be used to secure the rails to the roof ribs, and – after wiring is completed – TEK screws will be used to secure power modules to the rails.

Once the location for the power modules has been determined, the wiring for the LED fixtures will be run into the power modules. This should be done before securing the power modules to the roof. Note – only one power module will contain an ECM controller – the LED wiring will be run into that power module with the ECM inside.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 16 - Position the power modules near the center of the shelter, or as specified by the Transit Authority. Two examples are shown below in Figure 11.

Figure 11.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 17 - Figure 12.

Run the wiring for the security LED to the inside of the power module.

If one of the power modules is located directly above the location of the security LED fixture, then the LED wiring can be pulled through the roof (using a sealed wire grip) and directly into the power module containing the ECM. In this case it is not necessary to use conduit as there will be no exposed wiring – the wiring will be hidden under the power module.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 18 - Figure 13.

If the power module is not directly above the security LED fixture, then a short run of flexible conduit with sealed connectors should be used to ensure there is no exposed wiring. The conduit should be secured to the roof using the appropriate hardware and cable clamps as shown in Figure 14.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 19 - Figure 14.

Run the wiring for the ad-box LEDs to the power module.

Since all shelter architectures are different, the method of running the ad-box LED wiring to the power module will change from shelter to shelter. Typically, this is done using flexible conduit as shown in Figure

15. The conduit is run from the underside of the power module, through the shelter roof, and into the ad-box. All connection points use sealed wire and conduit connectors. Secure conduit using straps and hardware as shown.

Do not leave exposed wiring – this will invariably lead to vandalism and potential damage to the system.

Bring the LED wires into the power module containing the ECM through one of the grommets. The connections to the ECM will be made later.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 20 - Figure 15.

Run the solar module wiring into the power module with ECM.

Run all solar wiring through the grommets and into the module containing the ECM. The solar wires will be trimmed and stripped to make connections to the ECM solar input. This will be done after the batteries are installed.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 21 - RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 22 - Batteries Wired in Parallel
If using more than 4 batteries, then batteries will be split into two equal banks as shown above. Each battery is supplied with an individual harness which connects to a master harness a detailed in the wiring diagram.

Place batteries into the battery trays as shown and install battery wiring. It is easiest to wire the batteries standing up. After the batteries are wired, they can be placed on their side in the battery trays. Be sure the terminals are on the top side as shown in Figures 17 and 18.

Figure 17.

Figure 18.

Note: Battery terminal torque specification is 4 ft-lbs. (50 inch-lbs.). Exceeding this specification could cause damage to the terminals and result in electrolyte leakage and corrosion. After the batteries have been installed and wired, silicone based anti-corrosion protection spray must be applied generously to the battery terminals and harness ring terminals to help reduce moisture and corrosion.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 23 - Install ECM and prepare to make LED, battery, and solar connections.

Refer to the wiring diagram. It is best to place the ECM in one of the battery trays on the opposite side of the batteries, as shown below. This allows for more room for all the wiring. The wiring from the batteries, solar panels and LED harnesses should be fed to the ECM via the circular holes with grommets in the battery trays.

Figure 19.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 24 - The ECM has fused connections for 2 LED channels, Solar Panels, Batteries, and Remote test switch. All harnesses are clearly labelled.

Important: Failure to follow these procedures may result in system damage and failure. The order of operations when connecting LEDs, batteries and solar panels is critical.

The sequence for electrical connections is as follows:

Note: Systems are equipped with circuit breakers. Be sure all breakers are in the OFF position before making connections to LEDs.
> Connect LED harnesses to the ECM and install LED inline fuses in the LED harnesses. > Connect main battery harnesses to the ECM as shown in wiring diagram. > Connect Solar Panels to the ECM as shown in wiring diagram. > Turn ON Battery circuit breaker.
> Turn ON Solar circuit breaker(s).

The reverse order should be followed if it becomes necessary to troubleshoot the system or replace any components. Always disconnect solar first by turning off the solar breaker(s).

Important Note: Do not attempt to connect the LEDs or cut/splice the LED wires with solar and/or battery power applied or permanent damage to the ECM may occur. Always turn off ALL breakers before connecting, cutting or splicing LED harnesses.

Connect the ad-box and security LEDs to the ECM.

The LED harness from the ad-box LEDs is connected to ECM LED channel 1 labelled “ad-box LEDs”. The harness from the security LED inside the shelter is connected to ECM channel 2 labelled “security LED”.

Note: In some cases, the connectors on the LED harnesses may have to be cut off and the LED connections made using wire nuts. In this case be sure to remove all fuses and turn off all breakers before attempting to strip the LED wires and make connections.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 25 - Connect ECM to Battery Bank
Remove all fuses and turn off all breakers. The ECM has clearly labelled harnesses for the main battery connections. Feed the ECM battery harnesses into the battery tray, then connect the ECM battery harnesses to the battery bank exactly as shown in the wiring diagram.

Connect Solar Panels
There will be 2 heavy gauge black cables from each solar panel. Make sure to identify which are positive and which are negative. If in doubt, use a voltmeter to verify. Solar panel leads are labelled.

Refer to the wire diagram – the panels are connected in parallel with the ECM. Each Panel positive lead is connected to a circuit breaker as shown in the wiring diagram.

Caution: Solar Panels are live and producing current. Only cut through one solar panel lead at a time and avoid allowing the bare leads to contact any metal.

Secure solar power modules to roof.

Make sure all wiring is complete and that there is no exposed or sloppy wiring prior to securing power modules to the roof. Make sure the power modules are properly aligned and centered on the shelter. Secure power modules using TEK screws or appropriate fasteners/rails etc. for the specific shelter architecture.

Secure and tidy up all wiring.

Make sure all wiring is neat and tight. Wire ties can be used where necessary. Make sure that there will be no pinched wires once the module covers are installed. Inspect all connections and double check the wiring diagram to ensure correct wiring.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 26 - Power-up and functional test
Insert the fuses into the LED channel 1 and LED channel 2 harnesses. Make sure fuses are properly seated in the fuse holders.

Flip the battery circuit breaker to the ON position.

The LEDs should flash very briefly, and then after 5 to 30 seconds the LEDs will turn ON and remain ON.

Note – the ad-box LEDs may turn on 1
st
, and after as much as 20 seconds the security LED will turn on. The LEDs will only be at a low intensity at this time. If the LEDs do not turn on, there is a problem with the wiring.

Check all connections are correct - refer to the wiring schematic.

Flip the solar panel circuit breaker(s) to the ON position.

After approximately 5 to 30 seconds, the lights should turn off once the system recognizes that the solar panel is producing charge current and the battery voltage reaches a pre-programmed level.

Note: If the lights do not turn off when the solar panel is connected, or if they turn off and then turn on again after a few minutes, this is not necessarily a problem with the system. The LEDs are programmed to turn ON and OFF at specific times, and with specific battery and solar voltages. However, it may take 24 hours for the system to “self-calibrate”.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 27 - System Self-Testing
Urban Solar moved the location of the Magnetic Test switch such that it can be mounted remotely from the ECM.

This will enable the Magnetic Test switch to be activated without opening the chassis of the power module.

The Switch will now be mounted on the inside wall of the chassis of the power module unit so that it can be enabled by swiping a magnet on the outside wall of the unit as shown in the following photos. The TEST location will be clearly labelled so that maintenance staff can quickly check the status of the unit without opening or removing any of the system covers.

RMS RAD Systems
New location of Magnetic Test switch
RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 28 - Self-Testing
The self-test feature is activated by swiping a magnet over the magnetic switch located inside the lighting unit as shown in the photos above. A magnet is provided with each unit, but almost any magnet will work to enable the test.

The self-test provides information on system health by flashing the LEDs in a pre-determined sequence. On activation, the LEDs will flash 3 times quickly, pause, and then flash slowly, giving 0-6 flashes depending on the state of charge of the batteries.

The first 3 flashes indicate that the system and LEDs are wired correctly. If any of the lights do not flash on the initiation of the magnetic swipe test, the system requires troubleshooting and it is likely that some part of the system is not wired correctly. This usually indicates the LED wiring has not been connected properly.

Swipe the magnet – the lights will flash 3 times slowly and then flash 0 to 6 times as follows to indicate the state of health of the batteries as follows; if lowest battery voltage in last 24hrs is:
> >=12.6V flash 6 times, system is fully charged and healthy > >=12.4V flash 5 times, system is >75% charged and healthy > >=12.2V flash 4 times, system >50% charged and may need attention depending on exposure and weather
> >=12.0V flash 3 times, system is >25% charged but struggling to maintain healthy charging of batteries
> >=11.91V flash 2 times, system is close to shutting down to protect batteries from over discharge > <=11.90V flash 1 time, system will likely have shut down sometime in last 24 hours > If system is currently in low voltage disconnect mode (LVD) flash 0 times, system is in LVD protection mode and LEDs will not turn on until batteries have been sufficiently recharged.

Activating the self-test is the best way to ensure the wiring is completed correctly. The LEDs must flash – if they do not flash, there is a problem with the system wiring.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 29 - Troubleshooting at Installation
There are two specific issues that can result in the system not functioning at the initial installation: 1) System wiring – system is not wired exactly as detailed in the wiring diagram, or 2) Faulty Component(s) – one or more of the system components is faulty.

In most cases it is an issue with the system wiring – it is extremely rare to have out of the box component failures.

As detailed above, at initial system power-up the “self-test” must be activated by swiping a magnet at the location indicated. ALL of the system LEDs will then execute a series of flashes to indicate that the system wiring is correct and provide the state of health of the batteries.

If ANY of the LEDs do not flash at all – either they stay completely OFF or solid ON during the test but do not flash, then there is an LED wiring fault. The LED wiring needs to be traced and compared to the system wiring diagram.

Each of the Urban Solar LEDs has three (3) wires:
(+) Red = positive battery
(-) Black = negative battery
White = PWM dimming control wire
The Red and Black wires provide a constant 12V DC to the LEDs. The White PWM wire controls the dimming and also turns the LED off. It is the White PWM control wire that provides the “flashing” signal to the LEDs when the self-test is enabled. If the White wire is not connected the LEDs will stay solid ON at full brightness 24hours/day regardless of solar panel voltage, and this will kill the batteries very quickly. (Note: In some systems where a 3 rd
party LED is used there will on be 2 wires connected to the LED – in this the LED driver and PWM control signal wire will typically be located inside the ECM).

All wires need to be connected properly – if not the self-test will fail.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 30 - If the self-test fails, REMOVE ALL fuses and TURN OFF ALL CIRCUIT BREAKERS, then check all LED fuses and wiring for proper polarity and integrity of connections – refer to the wiring diagram! Initiate the power up sequence and run the self-test again. If the self-test fails DO NOT leave the system connected – remove ALL fuses, turn off ALL breakers, and contact Urban Solar for assistance.

Troubleshooting Installed Systems
Occasionally there will be systems that worked at the initial installation but then after some time in service an issue arises that causes a system outage. There are several possibilities:
> Batteries are low or dead
> System was not wired properly at initial installation > Poor solar exposure
> Vandalism
> Faulty component(s)
In most cases the system failure is attributed to poor solar exposure or faulty wiring. Occasionally systems are damaged by vandalism of the solar panels or LEDs. Many of these issues also lead to dead batteries – for example if the system is installed in a bad solar location with significant shading from trees and/or buildings the batteries will be run down and eventually will die.

If systems have good solar exposure but the batteries are 3+ years in service, it is possible that batteries are nearing or at end of life and require replacement.

Perform the following checks and record findings:

1. Visual Inspection of System Components
Is there an obvious issue with damaged panels/LEDs/batteries/system wiring or other system component? Yes – Repair and/or contact Urban Solar for assistance.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 31 - No – Continue to next step.

2. System self-test. Swipe the magnet to initiate the system self-test.

Did ALL of the system LEDs flash at least 3 times?
Yes – System is working and LEDs are wired correctly.

Run the self-test again and record how many flashes: Swipe the magnet – the lights will flash 3 times slowly and then flash 0 to 6 times as follows to indicate the state of health of the batteries as follows; if lowest battery voltage in last 24hrs is:
> >=12.6V flash 6 times, system is fully charged and healthy. > >=12.4V flash 5 times, system is >75% charged and healthy. > >=12.2V flash 4 times, system is >50% charged and may need attention depending on exposure/weather.
> >=12.0V flash 3 times, system is >25% charged but struggling to maintain healthy charging of batteries.
> >=11.91V flash 2 times, system is close to shutting down to protect batteries from over discharge. > <=11.90V flash 1 time, system will likely have shut down sometime in last 24hours. > = LVD flash 0 times - If system is currently in low voltage disconnect mode (LVD) flash 0 times, system is in LVD protection mode and LEDs will not turn on until batteries have been sufficiently recharged.

Did the self-test indicate that the system is currently in LVD – i.e. 3 flashes followed by zero flashes? Yes – the system is in a state of low battery voltage and has disconnected power to the LEDs to protect the batteries from further discharge. This is due to either 1) insufficient solar exposure, or 2) batteries are at end of life and need to be replaced.

No – there was at least one flash after the initial 3 flashes – then the system is working as expected – number of flashes indicate battery state of health.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 32 - Is there significant shading of the solar panels? Are they shaded by trees and/or buildings for more than half of the day?
Yes – the site may not be suitable for solar – contact Urban Solar for advice.

No – batteries may be at end of life – record installation date and contact Urban Solar for advice.

Is the solar connected? Is the polarity correct? Is the solar fuse blown? Double check all solar connections and fuses.

No – none of the LEDs flashed at all during the self-test.

Check the battery voltage using a hand-held multi meter.

Is the battery voltage > 11.0 volts?
No – batteries are dead and will likely need to be replaced. Replace batteries and continue to next step.

Yes – batteries are OK and self-test should work.

Turn OFF all circuit breakers and remove and check ALL fuses.

Are Any fuses blown?
Yes – replace fuses and run self-test again.

No – skip to next step
Check LED wiring and connections and check/replace all fuses.

Turn ON all breakers and run the self-test again.

Did self-test work?
No – contact Urban Solar for assistance.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 33 - Yes – if batteries are healthy and the solar panels have good exposure to sunlight then the system should work fine. It may take a few days for the batteries to recharge fully or batteries may be replaced depending on age.

RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 34 - Maintenance
Although the system is designed to be maintenance free, optimal performance requires clean solar panels and lenses. Clean on an annual basis or as required. Use water and a soft sponge or cloth for cleaning and a mild, non-abrasive cleaning agent for more stubborn residue. Rinse well.

Perform the system self-test to verify system is working properly.

Batteries
Be cautious when handling the battery pack. It is capable of generating hazardous short-circuit currents. Remove all jewelry (bracelets, metal-strap watches, rings) before attempting to handle or disassemble the battery pack. Contact Urban Solar if further instruction is required.

Contact and Re-order Information
If you have any questions or feedback, we would like to hear from you. Please visit our website or feel free to contact us directly at 778-430-5516 or [email protected] Urban Solar Corporation
#5-515 Dupplin Road
Victoria, BC Canada, V8Z 1C2
www.urbansolarcorp.com
Urban Solar (USA) Tolar Manufacturing
1880 SW Merlo Dr 258 Mariah Circle
Beaverton, Oregon, USA, 97003 Corona, California USA,92879 503-356-5516
RMS RAD PV Shelter
UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 35 - 1729719.1
EXHIBIT “B”

Page 1 of 6 ends

EXHIBIT B
Focus Media Group (FMG) will manage the procurement, construction, installation, and maintenance of bus shelters (with, and without, advertising panels) and benches (without advertising panels) at specified locations throughout the City. FMG will also be managing advertising on the bus shelters with advertising panels. Other than the initial procurement of the bus shelters, benches, and trash receptacles, all services rendered by FMG will be provided at no cost to the City. Additionally, FMG will be required to provide and pay a fee to the City under a franchise agreement.

After the initial procurement, installation, and construction of the shelters and unsheltered bus stops improvements is complete, FMG will be solely responsible for all standard janitorial maintenance costs.

FMG is granted the exclusive franchise rights to provide and maintain an advertisement program on the City-owned shelters.

General Information
FMG shall achieve the City’s objectives for delivering the bus shelters, benches, and trash receptacle procurement, construction, and maintenance services being proposed to meet the objectives of the City.

FMG agrees that the City reserves the right to review and approve the qualifications of the Contractor's employees or any subcontracted firms or persons. Substitutions of any personnel are subject to the City's approval, and unapproved substitutions are considered sufficient grounds for termination of the contract.

FMG will make every reasonable effort to maintain the stability and continuity of staff assignments. The City shall be notified when considering personnel changes. Review and approval of any proposed new personnel assigned to the City shall be obtained from the City prior to actual assignments.

Fee Paid to City
FMG shall lease advertising space within the bus shelters, and, from the revenue derived from those leases, shall pay to the City a monthly guaranteed percentage or amount per shelter, whichever is greater.

The advertising within each shelter shall be placed only on the panels designed for such purpose.

The City would receive a portion of the advertising revenue, paid in quarterly payments and reconciled annually versus the revenue guarantee:
• 20% of the transit shelter advertising revenue or $240 per shelter annually guaranteed, whichever is greater.

The bus shelter program will consist of 34 City-owned bus shelters and the Advertising Revenue paid to the City as follows:

Page 2 of 6 ends

GUARANTEE Quantity Annual Revenue to City
Bus Shelter Annual Guarantee 30 shelters @
$240/year $7,200.00
ADVERTISING REVENUE SHARE (annual) Potential Revenue Range Shelter Advertising Revenue Share @ 20% 30 shelters $7,200 - $32K The Advertising Revenue Share estimates above are based upon projected rates and occupancies. The minimum guarantee will be based on the quantity of advertising shelters in the city.

Performance Bond
FMG shall post and maintain an irrevocable letter of credit which will inure to the benefit of the City, or equivalent security approved by the City, in the amount of twenty-five thousand dollars ($25,000.00). The bond shall remain in effect over the initial construction period to ensure the faithful performance and covenants for construction, maintenance, and repair or replacement of the shelters and benches. Upon satisfaction by the City, the Bond or deposit will expire at the end of a two (2) year period. The City may inspect each shelter site to ensure all scope of work and conditions are satisfactory.

No work shall be performed until all insurance and bonds required by this project are on file and this agreement has been properly executed.

Shelter and Bench Maintenance and Repair
FMG will perform the following ongoing maintenance services and requirements:
 Survey the market for the initial 60 days and provide a recommendation to the City of “Hots Spots.”  Perform one routine maintenance visit to all locations on Mondays and a 2nd weekly visit to agreedupon “Hot Spots” per week.  Perform 5 days a week maintenance visits to four (4) Diamond Bar Blvd designated locations. (Bus stops located on Diamond Bar Blvd. between Golden Springs and Palomino)  Perform pressure washing as needed and steam cleaning to all sites six (6) times annually, or as needed.
 Perform the following services:
• Maintenance problems: Respond within 3 hours of notification by City • Repair within 2 working days due to damage, vandalism, or graffiti • Respond to dangerous conditions exposed to the public within 24 hours and repair in 5 days
At all times during the term of this arrangement, FMG must, at its sole cost and expense, to the satisfaction of the CITY and in compliance with all applicable laws and regulations, maintain repair, clean and service all Street Furniture, keeping them, their appurtenances, and the immediately surrounding areas in a safe,

Page 3 of 6 ends

neat, attractive, environmentally clean, and sanitary condition. For shelters and benches that need “Major Repairs,” which are herein defined as those which require parts, components, or specialty contractor services with a retail value above $250.00 per replacement or repair and apply solely to bus shelters and benches and are subject to City approval. City will reimburse FMG for any CITY-approved “Major Repairs” through a deduction from the quarterly payment revenue. Any shelter or bench that requires “Minor Repairs” is defined herein as any repairs less than $250.00 per shelter or bench shall not be charged to the City.

Personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with the Work Area Traffic Control Handbook (WATCHBOOK).

Liquidated Damage for Maintenance Specification Deficiencies and Sub-Standard Work Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work must be documented as a Performance Deficiency and approved by the Maintenance Superintendent, or his designee.
• FMG employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. Failure to comply shall result in a deduction of $100 per occurrence per day. • Complaints shall be abated as soon as possible after notification; but in all cases within 48 hours, to the satisfaction of the City. Failure to comply shall result in a deduction of $100 per occurrence per day.

Certifications/Reports
FMG shall maintain and keep current, a daily report form that records all ongoing work and maintenance functions performed by FMG’s personnel. Said report shall be in a form and content acceptable to the City and shall be submitted to the City's contract manager monthly.

Office of Inquiries and Complaints
FMG shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone there, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) employed by FMG, to take the necessary action regarding all inquiries and complaints that may be received from the Maintenance Superintendent, City personnel or patrons using the facilities. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full-time coverage, provided FMG is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During normal working hours, FMG’s Foreman or employee of the Contractor, who is responsible for providing maintenance services, shall be available for notification through telephone communication.

Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify FMG, cause such action to be taken by the City workforce and shall charge the cost thereof, as determined by the Maintenance Superintendent, against FMG, or may deduct such cost from an amount due to FMG from City.

Page 4 of 6 ends

FMG shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times.

All complaints shall be abated as soon as possible after notification; but in all cases, within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint, and the total cost incurred by the City will be billed to FMG or deducted from the performance bond.

Contractor's Liability
The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of FMG, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. Contractor will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City.

In connection therewith:
a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Page 5 of 6 ends

So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees
Payment to City
FMG payment to the City shall be computed on a monthly basis. Payment of said fees shall be made quarterly and shall be supported by a Statement of Accounts prepared by a certified public accountant, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel.

Access to Records
The City, or its authorized agent, shall be granted reasonable access to any of the Franchisee's books, documents, paper, and records that relate directly to the City bus shelter and bench maintenance agreement.

Non-Discrimination
Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735.

Licenses and Permits
FMG shall purchase a City business license for each year it is doing business with the City. FMG shall secure all necessary permits from City, county, state, or federal agencies for the installation, operation, and maintenance of the bus shelters and benches.

Electrical Service

Page 6 of 6 ends

FMG shall apply for, and obtain at its own cost, any necessary electrical service permits from the Southern California Edison Company. Metered electrical service charges shall be at the Franchisee's sole expense.

Advertising
Should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, FMG shall be so advised and shall not utilize such advertising. FMG shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. FMG will provide local businesses the right of first refusal on 50% of the available advertising space.

Public Service Messages
FMG shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising in each bus shelter. The FMG shall arrange for service and installation of the public service announcements. The City shall be entitled to specify certain public service messages to be displayed.

Contract Termination
If FMG is found to be in default with respect to any term or provision of the franchise, and if after three (3) business days from the written notice, FMG does not cure such default and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving FMG written notice, not less than sixty (60) days prior to the effective date of termination. FMG may terminate this agreement with or without cause upon six (6) months written notice to the City.

Change of Location
In the event that a bus route is altered or deleted such that any bus shelter and/or bench will no longer serve at an active bus stop location, FMG shall, within thirty (30) days after notification, relocate or move the bus shelter and/or bench to a new location designated by the City. The vacated location shall be restored to its original condition within that same time period.

Digital or Static Kiosk Option
The rights under this arrangement may include a possible nonexclusive future digital or static kiosk option at future locations determined by the City. This option would provide advertising kiosks that may be built in the future that will be serviced and compensated pursuant to mutually agreeable terms to be negotiated in writing by the parties at a later date.

Location List
See attached.

CITY OF DIAMOND BAR

LOCATION LIST
# BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
1 No Bus Stop Ad Shelter NB Brea Canyon Rd. FS Diamond Bar Blvd. NE Yes Yes N/A N/A N/A N/A 2 No Bus Stop SB Brea Canyon Rd. NS Diamond Bar Blvd NW Yes N/A N/A N/A Yes Yes 3 16 NB Brea Canyon Road FS Lycoming Street NE Yes N/A N/A N/A Yes N/A 4 17 SB Brea Canyon Road NS Lycoming Street NW Yes N/A N/A N/A Yes N/A 5 1098 EB Copley Dr. (21660 Ent.) @ Diamond Bar City Hall NE Yes N/A N/A N/A Yes N/A 6 1099 EB Copley Dr. (21810 Diamond Bar City Hall) OPP AQMD Driveway NE Yes N/A N/A N/A Yes N/A 7 1097 WB Copley Dr. (Across Diamond Bar City Hall) FS AQMD Driveway NW Yes N/A N/A N/A Yes N/A 8 1147 EB Diamond Bar Blvd. @ Diamond Bar Park/Ride (Pomona Fwy Ent.) SE Yes Yes N/A N/A Yes N/A 9 1149 EB Diamond Bar Blvd. FS Sunset Crossing Rd. NE Yes Yes N/A N/A N/A Yes 10 3068 EB Diamond Bar Blvd. NS Brea Canyon Rd. SW Yes Yes N/A N/A N/A Yes 11 3081 EB Diamond Bar Blvd. NS Pathfinder Rd SW Yes N/A N/A N/A Yes N/A 12 3073 EB Diamond Bar Blvd. NS Fountain Springs Rd SW Yes N/A N/A N/A Yes N/A 13 1143 EB Diamond Bar Blvd. NS Golden Springs Dr. NE Yes Yes N/A N/A N/A Yes 14 3089 NB Diamond Bar Blvd. FS Clear Creek Canyon Dr NE Yes N/A N/A N/A Yes N/A 15 3091 NB Diamond Bar Blvd. FS Goldrush Dr NE Yes N/A N/A N/A Yes N/A 16 3088 NB Diamond Bar Blvd. FS Grand Ave. NE Yes Yes N/A N/A N/A N/A 17 1144 NB Diamond Bar Blvd. FS Highland Valley Rd. NE Yes N/A Yes N/A N/A Yes 18 3070 NB Diamond Bar Blvd. NS Cold Spring Ln SE Yes N/A N/A N/A Yes N/A 19 3085 NB Diamond Bar Blvd. NS Kiowa Crest Dr SE Yes N/A N/A N/A Yes N/A 1 # BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
20 No Bus Stop Non-Ad Bench NB Diamond Bar Blvd. NS Maple Hill Rd. SE Yes N/A N/A N/A Yes N/A 21 14 NB Diamond Bar Blvd. NS Mountain Laurel Way SE Yes N/A N/A N/A Yes N/A 22 3087 NB Diamond Bar Blvd. NS Quail Summit Dr. SE Yes N/A Yes N/A N/A N/A 23 3083 NB Diamond Bar Blvd. NS Silver Hawk Dr. SE Yes Yes N/A N/A N/A N/A 24 No Bus Stop Non-Ad Bench NB Diamond Bar Blvd. NS Steep Canyon Rd NE Yes N/A N/A N/A Yes N/A 25 No Bus Stop Ad Shelter NB Diamond Bar Blvd. OPP Acacia Hills Rd. NE Yes Yes N/A N/A N/A N/A 26 No Bus Stop Non-Ad Bench SB Diamond Bar Blvd. @ Trail Head (Sycamore Park) SE Yes N/A N/A N/A Yes N/A 27 3079 SB Diamond Bar Blvd. ES Cold Spring Ln NW Yes N/A N/A N/A Yes N/A 28 3066 SB Diamond Bar Blvd. FS Clear Creek Canyon Dr. SW Yes Yes N/A N/A N/A N/A 29 3078 SB Diamond Bar Blvd. FS Fountain Springs Rd. SW Yes Yes N/A N/A N/A N/A 30 3067 SB Diamond Bar Blvd. FS Grand Ave. SW Yes Yes N/A N/A N/A N/A 31 1145 SB Diamond Bar Blvd. FS Highland Valley Rd. SW Yes Yes N/A N/A N/A Yes 32 3069 SB Diamond Bar Blvd. FS Quail Summit Dr SW Yes N/A N/A N/A Yes N/A 33 3061 SB Diamond Bar Blvd. FS Tin Dr. SW Yes Yes N/A N/A Yes N/A 34 3059 SB Diamond Bar Blvd. NS Goldrush Dr NW Yes N/A N/A N/A Yes N/A 35 3074 SB Diamond Bar Blvd. NS Kiowa Crest Dr NW Yes N/A N/A N/A Yes N/A 36 No Bus Stop Non-Ad Bench SB Diamond Bar Blvd. NS Maple Hill Rd. NW Yes N/A N/A N/A Yes N/A 37 3077 SB Diamond Bar Blvd. NS Shadow Canyon Dr SW Yes N/A N/A N/A Yes N/A 38 3082 WB Diamond Bar Blvd. FS Brea Canyon Rd. NW Yes Yes N/A N/A N/A N/A 39 3071 WB Diamond Bar Blvd. FS Mountain Laurel Way NW Yes N/A N/A N/A Yes N/A 40 3076 WB Diamond Bar Blvd. FS Pathfinder Rd NW Yes N/A N/A N/A Yes N/A 2 # BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
41 1142 WB Diamond Bar Blvd. FS Golden Springs Dr. NW Yes Yes N/A N/A N/A Yes 42 1150 WB Diamond Bar Blvd. NS Sunset Crossing Rd. NW Yes Yes N/A N/A N/A Yes 43 1146 EB Diamond Bar Blvd. (400 yds of) FS Gentle Springs Ln. (Diamond Bar Rach) SE Yes Yes N/A N/A N/A N/A 44 1152 WB Diamond Bar Blvd. (400 yds of) NS Palomino Dr (Gentle Springs Ln OPP) NE Yes Yes N/A N/A N/A yes 45 1100 EB Gateway Ceter Dr FS Valley Vista Dr SE Yes N/A N/A N/A Yes N/A 46 1484 WB Gateway Ceter Dr FS Golden Springs Dr. (Holiday Inn Ent.) NW Yes N/A N/A N/A Yes N/A 47 2803 WB Gateway Ceter Dr NS Valley Vista Dr NE Yes N/A N/A N/A Yes N/A 48 1573 EB Golden Springs Dr. FS Lemon Ave. SE Yes N/A Yes N/A N/A N/A 49 1587 EB Golden Springs Dr. FS Ballena Dr SE Yes N/A N/A N/A Yes N/A 50 1554 EB Golden Springs Dr. FS Carpio Dr SE Yes N/A N/A N/A Yes N/A 51 1568 EB Golden Springs Dr. FS Grand Avenue SE Yes Yes N/A N/A N/A N/A 52 1548 EB Golden Springs Dr. NS Adel Ave SW Yes N/A N/A N/A Yes N/A 53 1556 NB Golden Springs Dr. FS Diamond Bar Blvd. NE Yes Yes N/A N/A N/A N/A 54 1588 NB Golden Springs Dr. FS Sunset Crossing Rd. NE Yes N/A N/A N/A Yes N/A 55 1564 NB Golden Springs Dr. NS Golden Prados Dr. SE Yes Yes N/A N/A N/A Yes 56 1571 NB Golden Springs Dr. NS High Knob Rd SE Yes N/A N/A N/A Yes N/A 57 1583 NB Golden Springs Dr. NS Sabana Dr SE Yes N/A N/A N/A Yes N/A 58 1590 NB Golden Springs Dr. NS Sylvan Glen Rd SE Yes N/A N/A N/A Yes N/A 59 1572 SB Golden Springs Dr. FS High Knob Rd SW Yes N/A N/A N/A Yes N/A 60 1589 SB Golden Springs Dr. FS Sunset Crossing Rd. SW Yes N/A N/A N/A Yes N/A 61 1553 SB Golden Springs Dr. NS Calbourne Dr SE Yes N/A N/A N/A Yes N/A 3 # BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
62 1565 SB Golden Springs Dr. NS Golden Prados Dr NW Yes N/A N/A N/A Yes N/A 63 1585 SB Golden Springs Dr. NS Sabana Dr NW Yes N/A N/A N/A Yes N/A 64 1591 SB Golden Springs Dr. OPP Sylvan Glen Rd SW Yes N/A N/A N/A Yes N/A 65 1574 WB Golden Springs Dr. FS Lemon Ave. NW Yes Yes N/A N/A N/A Yes 66 1549 WB Golden Springs Dr. NS Adel Ave NE Yes Yes N/A N/A N/A N/A 67 1558 WB Golden Springs Dr. NS Ballena Dr NE Yes N/A N/A N/A Yes N/A 68 1557 WB Golden Springs Dr. NS Diamond Bar Blvd NE Yes N/A N/A N/A Yes N/A 69 1555 WB Golden Springs Dr. OPP Carpio Dr NE Yes N/A N/A N/A Yes N/A 70 1577 WB Golden Springs Dr. OPP Racquet Club Dr NW Yes N/A N/A Yes Yes Yes 71 1551 EB Golden Springs Dr. FS Brea Canyon Rd. SE Yes Yes N/A N/A N/A N/A 72 1001 EB Golden Springs Dr. FS Calbourne Dr. SE Yes Yes N/A N/A N/A N/A 73 1552 WB Golden Springs Dr. FS Brea Canyon Rd. NW Yes Yes N/A N/A N/A Yes 74 1580 WB Golden Springs Dr. NS Rapidview Dr. NE Yes Yes N/A N/A N/A Yes 75 No Bus Stop Non-Ad Bench WB Pathfinder Rd. NS 57 Fwy NB Entrance NE Yes N/A N/A N/A Yes N/A 76 No Bus Stop Ad Shelter EB Pathfinder Rd. FS SR-57 FWY Exit SE Yes N/A Yes N/A N/A N/A 77 1 SB Temple Ave FS Diamond Bar Blvd SW Yes N/A N/A N/A Yes N/A 78 725 SB Temple Ave (Ave Rancheros) FS Golden Springs Dr SW Yes N/A N/A N/A Yes N/A 4

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