17.F
00092061.2
[Address Line]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
17.F
00092061.2
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 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).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
17.F
00092061.2
1. All exhibits and addendums
2. All amendments
3. Consultant’s proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement.
SECTION 35. FEDERAL PROVISIONS
[***Include this section only if applicable; delete otherwise. If applicable, you may also need to include some information in the RFP.***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Vendor shall also fully and adequately comply with the provisions included in Exhibit “D” (“Federal Requirements”) attached hereto and incorporated by reference. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURE PAGE FOLLOWS]
17.F
00091740.2
Signature Page
PROFESSIONAL SERVICES AGREEMENT
FOR [INSERT DESCRIPTION OF SERVICES, E.G. JANITORIAL SERVICES OR MATERIALS/EQUIPMENT FOR PURCHASE]
BETWEEN THE CITY OF HEMET AND [INSERT VENDOR’S NAME]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:
CITY CLERK
By: ___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
CONSULTANT
By:
Its:
17.F
00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”
SCOPE OF SERVICES
17.F
00091740.2
Exhibit B – Compensation
Page | 1
EXHIBIT “B”
COMPENSATION
Compensation for the Services shall not exceed [insert amount].
17.F
00091740.2
Exhibit C – Insurance
Page | 1
EXHIBIT “C”
INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages
17.F
00091740.2
Exhibit C – Insurance
Page | 2
set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
2. Pay on behalf of wording as opposed to reimbursement;
3. Concurrency of effective dates with primary policies;
4. Policies shall “follow form” to the underlying primary policies; and
5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
17.F
00091740.2
Exhibit C – Insurance
Page | 3
non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies
17.F
00091740.2
Exhibit D – Federal Provisions
Page | 1
EXHIBIT “D”
FEDERAL PROVISIONS
17.F
CITY OF HEMET
Proposal
On-Call Services for Traffic Engineering
Services
July 17, 2024
17.F
July 17, 2024
City of Hemet
Submitted electronically
Subject: Proposal for On-Call Services for Traffic Engineering Services Willdan Engineering (Willdan) is pleased to submit this Proposal to the City of Hemet for On-Call Traffic Engineering Services. Willdan has been providing municipal engineering, planning, and construction management services to public agencies for over 60 years. Willdan's traffic engineering experience and expertise covers all facets of traffic engineering and planning, including city traffic engineering, traffic analysis, design, and management. Willdan is especially qualified to provide the On-Call Traffic Engineering Services to the City of Hemet for the following reasons:
Highly Skilled Project Manager. To provide the City of Hemet with consistent, responsive, and targeted services, Willdan offers a team of experts led by myself, Jeff Lau, PE, TE, ENV SP. I am an accomplished engineer possessing over 21 years of experience with large-to-small-scale, multi-discipline, multi-agency traffic and transportation projects. I am responsible for analysis, coordination, and transportation design and manages design projects for cities and counties throughout California. My background offers expertise in managing and preparing plans, specifications, and estimates for traffic signals, signing and striping, street lighting, active transportation, and traffic control. I have personally designed over 500 new and modified traffic signal installations. Through this experience, I possess an in-depth understanding of the importance of meeting schedules and developing the most cost-efficient project to meet budgetary constraints. Traffic Engineering Expertise. Willdan's traffic engineering experience and expertise cover all facets of traffic engineering and planning, including city traffic engineering, traffic analysis, design, and management. In addition to our proven expertise in traditional design services such as signing, striping, traffic signal, street lighting, and traffic control, our traffic engineers are proficient in traffic impact analysis and evaluation of traffic control devices, traffic operations, and intelligent transportation system strategies. Willdan's traffic engineers are experts in conducting traffic surveys and data collection, investigating motorist and vehicle characteristics, identifying, and making recommendations on traffic safety, optimizing traffic signal timing, and evaluating highway operations.
60-Year Track Record. Wildan has extensive experience providing a complete range of engineering services to local agencies on an as-needed and project-specific- basis. The firm’s capabilities encompass streets and highways, drainage, water/wastewater, signals, traffic programs, bridges and structures, landscaping, and mapping. We provide services in all phases of project development, including site analysis and conceptual development, preliminary and final design, and construction management and inspection. Our services involve environmental planning, facility financing, and state-of-the-art computer-aided design. We have direct experience with county, state, and federal processes, regulations, and requirements.
We thank the City of Hemet for the opportunity to submit our qualifications for the On-Call Traffic Engineering Services contract. We acknowledge receipt of all addendums issued for this RFP. Willdan has no exceptions to the RFP document. We are excited about the opportunity to partner with the City and look forward to discussing our qualifications further.
Respectfully submitted,
WILLDAN ENGINEERING
Jeff Lau, PE, TE, ENV SP
Deputy Director of Engineering
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
1 Table of Contents
Section I - Experience............................................................................................................................................. 2 About Willdan............................................................................................................................................................2 Authorized Representative....................................................................................................................................2 On-Call Contract Expertise.....................................................................................................................................2 Traffic Engineering Services.......................................................................................................................................3 Traffic Engineering Design .....................................................................................................................................3 Traffic Engineering Studies....................................................................................................................................4 Traffic Operations..................................................................................................................................................4 Plan Check .............................................................................................................................................................5 Electronic Plan Review...........................................................................................................................................5 Grant Writing.........................................................................................................................................................5 Similar Experience .....................................................................................................................................................6 References.............................................................................................................................................................7 Section II - Personnel ............................................................................................................................................. 8 Project Team..............................................................................................................................................................8 City of Hemet Business License ...............................................................................................................................11 Resumes ..................................................................................................................................................................12
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
2 Section I - Experience
About Willdan
Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nationwide clientele through our subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths. Throughout our 60-year history, Willdan has served as a full-service, multi-disciplinary firm specializing in municipal planning, engineering design, construction management and inspection, and building and safety services. Our full complement of support disciplines provides effective and efficient solutions to resolve everchanging challenges experienced by municipal agencies today – and in the future Authorized Representative
For any project to be successful, organization and positive management of the consultant team is essential. That is why we assigned a senior member of our staff, Jeff Lau, PE, TE, ENV SP, to serve as Project Manager & Authorized Representative. He will be the contact person for communications and inquiries from the City for engineering and public works and will have overall responsibility for coordination and administration of services to be provided by Willdan and will assist with various projects and assignments. Jeff will work closely with Willdan staff assigned to the City and with the Willdan Engineering staff to ensure project commitments are fulfilled. Tyrone Peter, PE, Director of Engineering Services, will serve as Principal-in-Charge.
On-Call Contract Expertise
On-call/As-needed engineering services are Willdan's foundation. Our staff includes former public agency or contract agency staff. Therefore, we understand the importance and purpose of as-needed contracts and are very familiar with the processes and procedures for such services. Within the last five years, Willdan has completed projects and task orders for more than 300 as-needed/on-call contracts. This experience and the relevant experience of our dedicated and available key personnel are what best suits Willdan to provide the City with asneeded services.
Our history of working with as-needed contracts has well prepared our staff to respond to all requests for services in a positive, efficient manner. Our firm's commitment to responsive service and successful project delivery has given us a reputation as a firm that can be trusted to listen and to deliver an end product our clients envision and embrace.
Willdan has historically concentrated our efforts in public works engineering for cities, counties, and special districts. Since 1964, we have evolved into a professional consulting firm offering a broad array of services that provide a comprehensive and integrated approach to our clients’ needs. Willdan possesses expertise in most facets of the public sector marketplace. The varied experience and background of our staff experience is an added value to our services. No other firm matches Willdan’s combined breadth of directly relevant technical and operational expertise and depth of experience.
Willdan Staff of Experts
Municipal Engineering and Management
Capital Improvement Program (CIP)
Highway and Freeway Engineering
Building Safety Services
Environmental Planning
Geotechnical/Geological Engineering
Assessment Engineering
Traffic and Transportation
Water and Wastewater
Urban and Regional Planning
Drainage and Flood Control
Civil Engineering
Structural Engineering
Right-of-Way Engineering
Project Manager
Jeff Lau, PE, TE, ENV SP
Deputy Director of Engineering
27368 Via Industria, Suite 200
Temecula, CA 92590
(562) 364-8526
[email protected]
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
3 Computer‐Aided Analysis and Design
Geographical Information System (GIS)
Program and Construction Management
Construction Inspection and Support
Landscape Architecture
Grant and Funding Administration
Labor Compliance
Traffic Engineering Services
Willdan has completed over 30,000 traffic engineering and transportation planning projects since the 1980s when our traffic and transportation group was founded. We are experts in traffic engineering and transportation planning and bring a comprehensive vision to design implementable, forward-thinking engineering solutions that utilize technological innovations and lead the industry. Willdan's Traffic and Transportation Group has a staff of 18 individuals, ten of whom are California-registered civil or traffic engineers. These engineers are highly qualified professionals with combined traffic experience exceeding 200 years. This experience includes a significant amount of time in responsible charge of traffic functions for a variety of municipalities.
Our traffic engineering group specializes in providing all facets of traffic engineering and transportation planning to governmental agencies. Services include city traffic engineering and traffic analysis, design, plan review, and management. In addition to our proven expertise in traditional design services such as signing, striping, traffic signal, and street lighting design, we are skilled in sophisticated computer-based applications such as arterial corridor and network signal coordination studies. We are proficient in traffic impact analyses and evaluating transportation systems management. Our understanding and knowledge of design is enhanced by our familiarity with Caltrans and local standards, guidelines, and procedures.
Currently, our staff serves as contract city traffic engineers or provides traffic engineering services for approximately 42 cities in the southwest. Our front-line knowledge and understanding of local road and traffic conditions are the cornerstone of our services. Willdan’s traffic engineering staff applies state-ofthe-art concepts to confirm the adequacy of transportation facilities, to determine the need for traffic control devices, and to ensure the safe and efficient operation of the transportation system.
Our front-line knowledge and understanding of local road and traffic conditions are the cornerstone of our services. Willdan’s traffic engineering staff applies state-of-the-art concepts to confirm the adequacy of transportation facilities, to determine the need for traffic control devices, and to ensure the safe and efficient operation of the transportation system.
Traffic Engineering Design
Willdan's traffic engineering experience and expertise covers all facets of traffic engineering and planning, including visioning, research, and analysis to design, manage, and implement safe and efficient traffic flow. Their recommendations involve road geometry, sidewalks, and crosswalks, cycling infrastructure, traffic signs, roadway markings and traffic signals. In addition to our proven expertise in traditional design services such as signing, striping, and traffic signal and street lighting design, our traffic engineers are skilled in sophisticated computer-based applications such as arterial corridor and network signal coordination studies. They are proficient in traffic impact analysis and evaluation of transportation systems management, transportation demand management, and intelligent transportation systems strategies.
Our traffic design team prepares traffic engineering designs to warn, regulate, and guide traffic and develop geometric design and channelization, traffic signal and street lighting plans, parking lot designs, and traffic control plans. They routinely lend their expertise for improvements such as neighborhood traffic management/traffic Traffic Engineering
Traffic Signals and ITS Systems
Signing and Striping
Traffic Control
Bicycle and Pedestrian Facilities
Parking Facilities
Street Lighting
EV Charging Stations
Traffic Signal Timing
Traffic Operations
Traffic Management Plans (TMPs)
Transportation Demand Management (TDM)
Roadway Capacity Evaluations
Traffic Impact Studies
Neighborhood Traffic Management
Traffic Control Device Warrant Studies
Safe Routes to School Plans
Active Transportation Plans
Engineering and Traffic Surveys
Parking Studies/Management
Local Road Safety Plans
Safety Action Plans
VMT and LOS Analysis
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
4 calming, traffic impacts, school area and pedestrian safety, crosswalk visibility enhancements, and local road safety plans and systemic safety improvements for local and federally funded projects. Representative traffic engineering design and safety improvement projects include:
Paramount Boulevard Traffic Signal Upgrades and Safety Enhancement, City of Downey Los Angeles World Airports ITS Improvements, City of Inglewood Electric Vehicle Action Plan Charging Station Installations, City of Santa Monica Hacienda Boulevard and Prichard Street HAWK Signal Installation, City of La Puente Santa Anita Avenue Active Transportation Improvements, City of El Monte Alondra Boulevard and Passage Avenue Traffic Signal Installation, City of Paramount Traffic Engineering Studies
Willdan's traffic engineering team offers valuable solutions to ensure the safety of motorists, pedestrians, and cyclists without negatively impacting surrounding communities. The team prepares parking, neighborhood traffic management, traffic impact, school area, pedestrian safety, crosswalk, traffic impact, suggested route to school, engineering and survey, signal timing, and traffic circulation studies and reports for public agencies throughout California. Willdan's staff is well experienced in presenting traffic studies at traffic and planning commission, city council, and other public hearings.
While serving as city traffic engineers, our traffic staff members review traffic studies daily. A majority of these studies are development related and include traffic impact analyses, parking demand, and traffic circulation. The review often includes providing conditions of approval. Other traffic study reviews include project study reports, traffic management plans, traffic signal warrant analyses, and traffic signal timing and coordination analyses.
Representative traffic engineering studies include:
Engineering and Traffic Survey – 338 Segments, City of Anaheim Paramount Boulevard and Trojan Way Traffic Signal Warrant Analysis, City of Pico Rivera Desert Sands Unified School District Traffic Control Device Study, City of La Quinta Local Roadway Safety Plan, City of Downey
Piuma Road Curve Warning Sign Study, County of Los Angeles Safe Routes to School Plan, City of Bell
Traffic Operations
Willdan’s traffic operations experts are responsible for performing traffic safety and operational investigations to ensure roadways are safe to travel under normal operating conditions. Staff identify safety issues and/or deficiencies and make improvement recommendations to mitigate them. Our team members have strong backgrounds in managing traffic control centers, traffic signal timing and synchronization, and traffic control devices and developing and implementing traffic management plans, traffic calming operations, and intelligent transportation systems.
Representative traffic operations implementation projects include:
Transportation Management and Operations Plan (TMOP) for SoFi Stadium, City of Inglewood Century Boulevard Improvements Plan Review and Signal Coordination Timing, City of Inglewood Citywide Traffic Signal Timing Update – 56 Signals, City of Lakewood Traffic Management Center Monitoring, City of Temecula Katella Avenue Traffic Signal Timing, City of Los Alamitos Citywide Traffic Signal Inventory – 31 Signals, City of Bell
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
5 Plan Check
Willdan’s plans examiners are ICC certified plans examiners, CASp certified, licensed architects, and/or registered engineers. Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, that is, structural engineering plan check, fire-life safety, electrical, plumbing, and mechanical codes, the Title 24 codes, as well as local amendments to the adopted codes. We have extensive experience with the California Green Building Standards Code. Willdan staff attend classes and seminars on a regular basis to maintain an up-to-date comprehension of all code requirements and to maintain current certifications at no expense to our clients.
Electronic Plan Review
Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree-saving” electronic plan review process includes the elimination of the need for additional computer software or hardware–only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam.
Willdan will review plans and can transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet. This service allows for on-line collaboration between the City, Designer, and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing and timelines for plan review processing for the applicant.
Our EPR portal also serves as an accurate log of all plans coming in and going out. City staff will have full access to the site and will have the ability to check status, review redlines, comments, etc.
Grant Writing
Willdan is highly experienced in regulations pertaining to the expenditures of Federal, State, County, and local funds, which include Measure M, Community Development Block Grant (CDBG), State Transportation Program – Local (STPL), State Gas Tax, and various other grant and funding sources. Willdan has coordinated, prepared, and submitted all necessary documentation to the Orange County Transit Authority (OCTA) and Caltrans to assist cities in securing federal authorization and obligation of funds for projects. When requested, Willdan has prepared funding applications, invoices, and other required documentation.
Although each program may encompass different components and requirements, the general process remains the same following the Caltrans Local Assistance Procedures Manual (LAPM). Willdan also keeps informed of revisions (LPPs) to procedures and forms in the LAPM. We have assisted cities at various stages of the federal/state-funded project as follows:
FTIP Programming
Request Federal/State Project Number
Request for Authorization to Proceed with
Preliminary Engineering
NEPA/CEQA documentation
Right-of-Way Certification
Request for Authorization to Proceed with
Construction
Award Submittal
Progress Invoice
Final Report of Expenditures
A sample of the required federal documentation includes:
TIP New Project Form
Obligation Plan
Right-of-Way Certification
Local Programs Agreement Checklist
Grant Writing
State Transportation Program – Local (STPL)
Community Development Block Grant (CDBG)
Measure M
Measure R
Measure W
Proposition C
Proposition SB1
Call for Projects
Proposition SB1
Highway Safety Improvements Program (HSIP)
Active Transportation (ATP)
Highway Bridge Program (HBP)
Coronavirus Response and Relief Supplemental
Appropriations (CRRSAA)
Clean California Program
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
6 Request Federal/State Project Number
Field Review
Preliminary Environmental Study
Request for Authorization
Detail Estimate and Summary
Finance Letter
PS&E Certification
Local Agency Contract Award Checklist
Resident Engineer’s Construction Contract
Administration Checklist
Final Report of Expenditures Letter and Checklist
Local Agency Final Inspection Form
Materials Certificate
Willdan also maintains excellent relations with Caltrans’ District Local Assistance Engineers and OCTA’s staff and will answer questions regarding the submittals and status of the projects.
Similar Experience
In addition to general traffic engineering and associated services, Willdan's core competencies are in direct alignment with services identified in the City of Hemet’s Request for Proposal scope of services. The matrix below represents a small fraction of the local agencies Willdan serves – or has served – with services similar to the services requested by the City.
Client
On-Call Traffic EngineeringTraffic DesignTraffic StudiesTraffic Operations
Plan CheckGrant Writing
City of Anaheim
City of Azusa
City of Bell
City of Brea
City of Buena Park
City of Cudahy
City of Culver City
City of Downey
City of El Monte
City of Fillmore
City of Fontana
City of Grand Terrace
City of Highland
City of Indian Wells
City of Inglewood
City of La Cañada Flintridge
City of La Puente
City of La Quinta
City of Lake Elsinore
City of Lakewood
City of Los Alamitos
City of Moreno Valley
City of Newport Beach
City of Norwalk
City of Paramount
City of Pico Rivera
City of Placentia
City of Rancho Palos Verdes
City of Rialto
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
7 City of Ridgecrest
City of Rolling Hills
City of Rolling Hills Estates
City of Rosemead
City of San Bernardino
City of San Fernando
City of Santa Monica
City of South Gate
City of Temecula
City of Thousand Oaks
City of West Covina
City of Westlake Village
Cit of Yorba Linda
County of Los Angeles
De Luz Community Services Dist.
References
City of Paramount
Adriana Figueroa
Director of Public Works
(562) 220-2020
[email protected]
Dates: 1978 – Current
Willdan has provided general engineering services to the City of Paramount for over 40 years and presently serves as City Engineer and City Water Engineer. In addition to providing extension of staff services, Willdan has provided traffic engineering, assessment engineering and district formation, public works permits/inspection, development review, CIP design and construction management and
inspection, CDBG administration, grant writing, and
NPDES services. These services encompass – but are not
limited to – study and report research and preparation; plan, specification, and cost estimate preparation;
funding source and availability consultation; citizens' request and complaint investigations/resolutions;
development impact studies; plan checking; City staff,
commissions, and council report preparation; staff,
commissions, and council meeting attendance and
participation; and City department coordination to
implement desired City improvements and updates.
City of La Puente
John DiMario
Development Services Director
(626) 855-1517
[email protected]
Dates: 1996 - Current
Willdan is providing as-needed city and traffic engineering services to the City of La Puente. In addition to providing extension of staff services, Willdan provides engineering design, construction management, project management,
development review, pavement engineering, funding
administration, plan review, landscape architecture,
surveying, and geotechnical engineering services
throughout the city. These services encompass – but are not limited to – study and report research and
preparation; plan, specification, and cost estimate
preparation; funding application research, preparation, and submittal; citizens' request and complaint
investigations/resolutions; development impact studies; City staff, commissions, and council meeting attendance and participation; and City department coordination to
implement desired City improvements and updates.
Willdan provides ongoing assistance with grant funding
application preparation for state and federal programs
such as HSIP and ATP. Willdan coordinates, prepares, and submits the necessary documentation to Caltrans and
MTA to secure project authorizations and obligation of
funds (E-76) for projects. Documentation involves state and federal funding forms, checklists, invoices, and
reports of expenditures.
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
8 City of Rolling Hills Estates
David Wahba
Public Works Director
(310) 377-1577 ext. 103
[email protected]
Dates: 1998 - Current
Willdan currently serves as the City Traffic Engineer for the City of Rolling Hills Estates and provides on call traffic engineering services. The job responsibilities include
handling all general traffic engineering concerns within the City such as reviewing traffic impact studies;
preparing and reviewing traffic signal and striping plans; performing stop sign, crossing guard and safety analyses; preparing and presenting Commission and Council
reports; conducting field investigations; investigating citizens requests. Willdan prepares plans specifications and estimates for traffic signals, signing, striping, flashing beacons and traffic control. Willdan also provides plan review services for redevelopment projects, map checking and improvement plan reviews for private developments,
provides inspections, and issues public works permits
within the City for public works improvements.
City of Inglewood
Eloy Castillo, PE
Principal Civil Engineer
(310) 412-8716
[email protected]
Dates: 2011 – Current
Willdan provides on-call engineering and traffic
engineering services to the City of Inglewood. As part of our traffic engineering duties, Willdan reviews and make recommendations on residents' requests for stop signs,
crosswalks, permit parking, and speed humps; reviews
plans, specifications, and estimates for various projects; prepares staff reports and attends Parking and Traffic
Commission meetings; prepares traffic signal and signing and striping plans, specifications, and estimates; prepares timing charts for citywide signal coordination timing and individual traffic signals; prepares studies for CMP,
warrant analyses, traffic-calming measures, and other
areas of concern. Willdan's traffic engineering staff
members work directly with the City's Planning
Department to review TIAs, develop MOUs, and review
upcoming development plans. Services include preparing
grants for Los Angeles County Metropolitan
Transportation Authority's Call-for-Projects and the
Highway Safety Improvement Program.
Section II - Personnel
Project Team
Jeff Lau, PE, TE, ENV SP, will serve as Project Manager and Authorized Representative. He will be the contact person for communications and inquiries from the City for engineering and public works and will have overall responsibility for coordination and administration of services to be provided by Willdan and will assist with various projects and assignments. Jeff will work closely with Willdan staff assigned to the City and with the Willdan Engineering staff to ensure project commitments are fulfilled. Tyrone Peter, PE, Director of Engineering Services, will serve as Principal-in-Charge.
Project Manager
Jeff Lau, PE, TE, ENV SP
Deputy Director of Engineering
27368 Via Industria, Suite 200
Temecula, CA 92590
(562) 364-8526 | [email protected]
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
9 Organizational Chart
Proposed Project Staff Education/Credentials Experience
KEY STAFF
Tyrone Peter, PE
Principal-in-Charge
BS, Engineering and Civil Engineering
Civil Engineer, California No. 81888 18 Years of Experience Jeffrey Lau, PE, TE, ENV SP
Project Manager
BS, Civil Engineering
Civil Engineer, California No. 83887
Traffic Engineer, California No. 2835
Envision Sustainability Professional,
Institute for Sustainable Infrastructure
No. 45376
21 Years of Experience
City of Paramount, On-Call Traffic
Engineering - Project Manager
City of La Canada Flintridge, On-Call Traffic
Engineering - Project Manager
Minh Phan, TE
Traffic Design Lead/Plan Check
Lead
BS, Civil Engineering
Traffic Engineer, California No. 2219
25 Years of Experience
City of Lakewood, Traffic Signal Safety
Improvements at 12 Intersections – Project
Manager
City of Paramount, Traffic Signal Safety
Improvements HSIP Cycle 11 – Project
Manager
Wes Pringle, PE
Traffic Studies Lead
BS, Civil Engineering
Civil Engineer, California No. 56856
Certified Building Plans Examiner,
California No. 10072182
Transportation Engineer, City of Los
Angeles Department of Transportation
33 Years of Experience
City of Moreno Valley, Roadway Safety
Improvements in 3 Areas – Project Manager
City of Highland, Traffic Analysis of
Greenspot Road between Club View Drive
and Santa Paula Street – Project Manager
Farhad Iranitalab, PE, TE
Traffic Operations Lead
BS, Civil Engineering
Civil Engineer, California No. 33142
Traffic Engineer, California No. 1695
38 Years of Experience
City of La Canada Flintridge, On-Call Traffic
Engineering – City Traffic Engineer
City of Los Alamitos, On-Call Traffic
Engineering - City Traffic Engineer
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
10 Proposed Project Staff Education/Credentials Experience Nicolle Spann, PE, TE
Grant Funding Lead
BS, Civil Engineering
Traffic Engineer, California No. 2933
Civil Engineer, California No. 91787
10 Years of Experience
City of Temecula, Engineering and Traffic
Surveys – Project Manager
City of Inglewood, Local Road Safety Plan –
Project Manager
TECHNICAL/SUPPORT STAFF
Bob Burch
Traffic Design
Post Certified Radar Operator
Extension Courses, Traffic Signal
Equipment and Operations, University
of California, Berkeley
Extension Courses, Construction
Inspection for Traffic Signals and
Highway Lighting Systems, University of
California, Berkeley
31 Years of Experience
City of Temecula, HSIP Cycle 9 Pedestrian
Safety and Controller Upgrades Project –
Project Manager
City of Temecula, Promenade Mall East at
Ring Road Traffic Signal Installation – Project
Manager
Kevin Custado, EIT, ENV SP
Traffic Design
BS, Civil Engineering
Engineer-in-Training, California No.
153964
Envision Sustainability Professional No.
45402
9 Years of Experience
City of Inglewood, LAWA ITS Improvement
Project – Project Manager
City of Lakewood, Uncontrolled Crosswalk
Improvements – Project Manager
Reggie Greene
Traffic Design
BS, Civil Engineering
Doppler Traffic Radar Operation
25 Years of Experience
City of Norwalk, On-Call Traffic Engineering
Services – Traffic Engineering Deputy
City of Newport Beach, On-Call Traffic
Engineering Services – Deputy Project
Manager
Maryanne Truong, EIT, ENV SP
Traffic Design
BS, Civil Engineering
Engineer-in-Training, California No.
178108
Envision Sustainability Professional No.
45543
6 Years of Experience
City of El Monte, HSIP Cycle 10 Traffic Signal
and Pedestrian Improvements – Traffic
Designer
City of Inglewood, Pedestrian Crossing
Improvement HSIP Cycle 9 – Traffic Designer
Miguel Obregon, EIT, ENV SP
Traffic Design
BS, Civil Engineering
Engineer-in-Training, CA No. 175555
Envision Sustainability Professional No.
45742
4 Years of Experience
City of La Canada Flintridge, Citywide
Pedestrian Crossing Improvements HSIP
Cycle 10 – Traffic Designer
City of Downey, Paramount Boulevard Traffic
Signal Upgrades & Safety Enhancements –
Traffic Designer
Bryan Cruz, ENV SP
Traffic Design
BS, Civil Engineering
Envision Sustainability Professional No.
45531
4 Years of Experience
City of Lakewood, Street Improvement
Project FY23-24 – Traffic Designer
Culver City, Safe Routes to School Signing
and Striping Plans Project – Traffic Designer
Emilio J. Murga, EIT
Traffic Studies
Grant Funding
BS, Civil Engineering
Engineering-in-Training, California No.
162881
7 Years of Experience
City of Davis, Quiet Zone Study – Traffic
Study Analyst
City of Arcadia, Traffic Signal Warrant
Studies – Traffic Study Analyst
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
11 Proposed Project Staff Education/Credentials Experience Gordon Lum, TE
Traffic Studies
MS, Civil Engineering (Infrastructure
Planning and Management emphasis)
BS, Civil Engineering
Traffic Engineer, California No. 1542
38 Years of Experience
County of San Joaquin, On-Call Traffic
Engineering Services – Contract Traffic
Engineer
City of Suisun, Crystal Middle School Traffic
Calming Project – Project Manager
Jerry Gonzalez
Traffic Operations
Traffic Engineering numerous ITE/ITS
certification courses
Certification 170 Controller Operation
and Maintenance
40 Years of Experience
City of Temecula, Associate Engineer
City of Lake Forest, On-Call Traffic
Engineering Services, Traffic Engineering
Deputy
Hernando Cotangco, TE
Traffic Operations
BS in Electronics and Communication
Engineering
Traffic Engineer, California No. 2631
IMSA Traffic Signal Technician Level III
Certified Fiber Optic Installer
30 Years of Experience
City of Downey, Paramount Boulevard Traffic
Signal Upgrades & Safety Enhancements –
Signal Timing Lead
City of Lakewood, Citywide Signal Timing
Synchronization – Signal Timing Lead
Steve Libring, TE
Traffic Operations
BS, Civil Engineering
Traffic Engineer, California No. 1801
52 Years of Experience
City of La Quinta, City Traffic Engineering
Services – City Traffic Engineer
City of Canyon Lake, Canyon Lake Dr and
Village Way Intersection Safety Study –
Project Manager
Lani Alfonso, PE
Grant Funding
BS, Civil Engineering, University of
Southern California, Los Angeles,
California
Civil Engineer, California No. 56397
32 Years of Experience
City of Inglewood, Pedestrian Crossing
Improvement HSIP Cycle 9 – Grant Funding
Administration Lead
City of Lakewood, Traffic Signal Safety
Improvements at 12 Intersections – Grant
Funding Administration Lead
Brian Moss, REHS
Grant Funding
BA, Environmental Studies, (Biological
Sciences minor), California State
University, Hayward
Registered Environmental Health
Specialist
32 Years of Experience
City of San Pablo, 2023 and 2024 RAISE
Grant Application – Grant Writer
City of Rancho Cordova, 2022 INFRA/MEGA
Grant Application – Grant Writer
City of Hemet Business License
Willdan maintains an active business license in the
City of Hemet.
17.F
Proposal for On-Call Traffic Engineering Services
City of Hemet
12 Resumes
Willdan has included resumes for our lead/key staff in the following pages. Resumes for our technical/support staff are available upon request.
17.F
Proposal for On-Call Traffic Engineering Services 13
Jeff Lau, PE, TE, ENV SP
Deputy Director / Project Manager
Jeffrey Lau is an accomplished engineer for multi-discipline and multi-agency traffic and transportation projects such as traffic signals, signing and striping, street lighting, and construction traffic control. He oversees transportation design for Willdan's traffic engineering group and manages a variety of large- to small-scale projects. His responsibilities include the coordination, analysis, and design of various transportation projects such as the preparation of plans, specifications and estimates (PS&E); field investigations; and traffic data collection. He has also assisted with traffic impact studies and analyses, plan reviews, and engineering and traffic survey updates. Jeffrey’s extensive hands-on traffic engineering background encompasses designs for over 500 new and modified traffic signal installations, street lighting, bicycle and pedestrian facilities, complete streets, EV charging stations, and traffic control.
Jeffrey understands the importance of meeting schedules and developing the most costefficient projects to meet budgetary constraints. He has assisted clients with developing grant funding applications for various local, state, and federal grant programs – successfully securing funding through the Active Transportation Program (ATP) and the Highway Safety Improvement Program (HSIP).
Relevant Project Experience
On-Call Traffic Engineering, City of Paramount, CA. Project Manager. Willdan is providing as-needed traffic engineering services to the City of Paramount on a routine basis. Duties included field reconnaissance and data collection; resident request investigations and work order preparation; traffic signal, signal interconnect, signing and striping, and traffic control plan reviews; funding documents preparation to request reimbursement of federally funded projects; and traffic and civil improvement conceptual design plans and council exhibit preparation.
On-Call City Traffic Engineering, City of La Cañada Flintridge, CA. Project Manager.
Willdan is serving as City Traffic Engineer for the City of La Cañada Flintridge and provides on-call traffic engineering services. Day-to-day tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic control plans, collaborating with developers and their design teams, reviewing encroachment, approving transportation permits, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparing and presenting Commission and Council reports, collaborating with neighborhood groups to develop traffic calming plans/programs, conducting field investigations, and investigating citizen requests.
Paramount Boulevard Traffic Signal Upgrades and Safety Enhancements Project, City of Downey, CA. Project Manager. Willdan provided professional traffic engineering services for the Paramount Boulevard Traffic Signal Upgrades and Safety Enhancements Project, from Gardendale Street to Telegraph Road. The project included conducting an environmental analysis, performing a traffic safety assessment, preparation of design plans, specifications, and estimates (PS&E), and the timing chart preparation for the installation of traffic signal upgrades and safety enhancements at thirteen (13) signalized intersections. The purpose of this project was to improve traffic safety along Paramount Boulevard by implementing traffic signal upgrades including new controllers, controller cabinets, battery back-up systems, signal hardware, equipment, LED safety lighting, and intersection pedestrian countdown signal heads. Other safety enhancements included the upgrade of curb ramps to be ADA compliant to improve safety for pedestrians and bicyclists.
EDUCATION
BS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA
PROFESSIONAL
CERTIFICATIONS
Traffic Engineer, California
No. 2835
Civil Engineer, California
No. 83887
Civil Engineer, Colorado
No. 56366
Civil Engineer, Washington
No. 58065
Civil Engineer, Arizona No.
70072
Civil Engineer, Texas No.
140012
Civil Engineer, Nevada No.
28303
Civil Engineer, Minnesota
No. 59453
Civil Engineer, Florida No.
91068
Envision Sustainability
Professional, Institute for
Sustainable Infrastructure
No. 45376
21 YEARS OF EXPERIENCE
17.F
Proposal for On-Call Traffic Engineering Services 14
Tyrone Peter, PE
Director of Engineering / Principal-in-Charge
Tyrone Peter is an accomplished civil engineer for multi-discipline and multi-agency infrastructure projects. He is known for providing innovative, quality engineering services to ensure project delivery within budget and schedule. Tyrone’s years of experience managing and designing all types of public works projects provide him with a solid foundation to determine what is needed to deliver a successful project –making him the perfect fit to oversee an entire project, as well as perform specific civil engineering tasks.
Tyrone’s comprehensive experience includes design of state highways, new street, street widening, street realignment, pavement rehabilitation, light rail and railroad, grade separation, flood control facility, water, and sewer projects. He has supervised feasibility studies, project study reports, project reports, construction document preparation as well as grade certification issuance, construction administration, and construction inspections.
He is proficient at managing large project teams with subconsultants and multiple technical disciplines.
Relevant Project Experience
Highland CDBG Overlay, City of Highland, CA. Project Manager. Willdan provided design services for preparation of plans, specifications, and estimates (PS&E) for the resurfacing of Cunningham Street and McKinley Street from 9th Street to Base Line. The sidewalk, driveways, and curb & gutter were recently constructed as part of a Safe Route To Schools (SRTS) project, except for the west side of Cunningham Street.
Community Pavement and Parking Lots Rehabilitation and Striping, Canyon Lakes Property Owners Association, Canyon Lake, CA. Project Manager. Willdan provided engineering services to implement Arterial street and parking lot improvement. The pavement improvement locations include a 1,300-foot-long arterial street segment and 15 parking lots within the gated community. Each parking lot was evaluated to maximize the number of usable parking spaces and improve usability by residents and guests. The project improvements conform to ADA requirements including sidewalks and access ramps.
Malvern Avenue Rehabilitation Project, Buena Park, CA. Project Manager. The 1.75-mile project provides three travel lanes in each direction along the northerly section and two travel lanes along the easterly section. Improvements included asphalt, curb ramps, curb and gutter, sidewalks and catch basins. Bike lanes were also installed at the completion of the improvements. Street rehabilitation strategies included cold-mill with ARHM overlay and/or full-depth reconstruction. During the field review for the preparation of the preliminary plan, Willdan identified sections to be reconstructed and non-compliant or missing ADA features; gutter replacements; and existing sidewalk, access ramp, and driveway issues. The 65%, 95% and 100% preliminary plans, specifications and estimate were prepared and submitted to the City.
Street Resurfacing/Improvements – Zone 2, City of El Monte, CA. Project Manager. The project will resurface over 8-1/2 miles of local streets in the northwest section of the city.
The adjacent properties are developed with primarily residential homes with a few churches, schools, and commercial uses. The project will involve three different resurfacing strategies – grind and overlay, cape seal, and slurry seal. Including the various pavement strategies provide an advantage to monitor the construction budget during the design process and revise the pavement strategies as necessary to maximize the pavement life of the improvements while keeping costs within the City’s construction budget.
EDUCATION
BS, Engineering and Civil
Engineering, Tamil Nadu
College of Engineering,
India
Civil Engineering,
Murugappa Polytechnic,
India
PROFESSIONAL
CERTIFICATIONS
Civil Engineer, California
No. 81888
18 YEARS OF EXPERIENCE
17.F
Proposal for On-Call Traffic Engineering Services 15
Minh Phan, TE
Traffic Design/Plan Checking Lead
Minh Phan specializes in traffic and transportation engineering and has a wide range of experience with all phases of the project cycle such as concept development, design, permitting, and construction. His project portfolio includes public infrastructure improvements, residential developments, and hospital, office, and retail buildings. He has coordinated with multiple cities, counties, and Caltrans.
Relevant Project Experience
Traffic Signal Safety Improvements HSIP Cycle 11, City of Paramount, CA. Project Manager. Willdan is providing traffic engineering design services for the preparation of plans, specifications, and estimates (PS&E) for traffic signal improvements including installation of upgraded signal hardware for 12” LED vehicle heads, new retroreflective backplates and mountings, LED safety lighting, and LED street name signs for 21 intersections throughout the City of Paramount. Willdan is also providing grant funding administration services for this project funded through HSIP Cycle 11 grant funds.
Lakewood Boulevard Pedestrian and Signal Improvements, City of Downey, CA. Traffic Engineering Design Lead. Traffic signal upgrade improvements along Lakewood Blvd at Rosecrans Ave, Gardendale Street, Alameda Street, and 5th Street/Cecilia Street including replacing existing controller cabinet and BBS with new 332 cabinet with 2070 controller and new BBS in standalone cabinet, install video detection system, install new 12” LED vehicle heads, Ped Heads, PPB’s, install new signal standard mast arm for new fully protected left-turn phasing.
HSIP Cycle 10 Funded Traffic Signal Safety Improvements at 12 Intersections, City of Lakewood, CA. Project Manager. Traffic signal improvements including installation of advanced dilemma zone detection, upgrade of existing signal hardware for 12: LED vehicle heads, back plates & mountings, LED lighting, and new signal mast arm poles for 12 city intersections along Del Amo Boulevard, Paramount Boulevard, Centralia Street.
City of La Canada Flintridge Citywide Ped Crossing Improvements, La Canada Flintridge, CA. Traffic Engineering Design Lead. Willdan is providing services for the preparation of design plans, specifications, and estimates, Environmental, Utility, and Right-of-Way Certification, and grant funding administration services for the City’s Highway Safety Improvement Project (HSIP) Cycle 10 Pedestrian Crossing Upgrades Project. The project implements countdown pedestrian signal heads, ADA pedestrian push buttons, and crosswalk enhancements including overhead flashing beacons, bulb-outs, pavement markings, and signage for the uncontrolled crosswalk at the intersection of Foothill Boulevard and Union Street.
Safe Routes to School Signing and Striping Improvements, City of Culver City, CA. Project Manager. Willdan provided engineering design services for the preparation of design plans, specifications, and estimates (PS&E) for the City’s Safe Routes to School Signing and Striping Project. The project implemented signing and striping upgrades in the neighborhoods around three Culver City Schools including El Marino Elementary, El Rincon Elementary, and Farragut Elementary. The roadway upgrades included high visibility crosswalk markings, painted curb extensions, stop and limit line adjustments, installations of Class II bike lanes, Class III bike routes, stop signs at alleyways, and striping improvements for the intersection of Ince Boulevard at Lucerne Avenue. Willdan also provided design support during construction.
EDUCATION
BS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA
PROFESSIONAL
CERTIFICATIONS
Traffic Engineer, California
No. 2219
25 YEARS OF EXPERIENCE
17.F
Proposal for On-Call Traffic Engineering Services 16
Weston S. Pringle III, PE
Traffic Engineer II / Traffic Studies Lead
Wes Pringle has over 33 years of experience as a Transportation Engineer for the City of Los Angeles, where he worked with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand Management strategies that improve the pedestrian, transit, and biking experience in the City. Mr. Pringle represented LADOT at City Planning Subdivision Public Hearings and Community Meetings and reviewed access and circulation plans for building permit applications, parcel maps, and tract maps. He also developed a traffic modeling report for the western region of the City of Los Angeles, the Western Transportation Studies District. Mr. Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.
Relevant Project Experience
Roadway Safety Improvements in 3 Areas, City of Moreno Valley, CA. Project Manager.
Willdan is providing traffic engineering services to develop enhancements to the City’s current Local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan with additional emphasis areas. There are three areas of concern to be addressed in the LRSP addendum.
The first item is to provide a policy on the implementation of roundabouts and speed humps as traffic calming devices. The specific type of speed humps under consideration are known as speed cushions. Speed cushions are broken up to provide greater access for emergency response. The second task is to assess truck traffic throughout the City and recommend measures for the safe travel of goods movement. This will include a quantitative and qualitative assessment of current truck routes and the development of a truck travel map. The third task is an analysis of, and recommended safety measures for, the impacts of burro crossings of arterials and vehicle versus burro collisions in the mostly norther part of the city.
Traffic Analysis of Greenspot Road between Club View Drive and Santa Paula Street, City of Highland, CA. Project Manager. Willdan is providing traffic engineering services for an analysis of the traffic circulation on Greenspot Road between Club View Drive and Santa Paula Street. The City was concerned with possible ways to mitigate speeding on Greenspot Road including a possible reduction in the posted speed limit. The analysis also included a traffic signal warrant analysis of the intersection of Greenspot Road and Alta Vista and an analysis for a protected left turn signal phase for eastbound Greenspot Road at Weaver Street. As part of the analysis, Willdan collected traffic data, reviewed collision history, and performed a field review of existing conditions.
Uncontrolled Marked Crosswalk Analysis, City of Lakewood, CA. Project Engineer. The City of Lakewood requested an analysis of uncontrolled marked crosswalks throughout the City. The analysis included 28 uncontrolled marked crosswalks on major arterials, collectors, and local roadways. Willdan gathered 24-hour and peak period turning movement counts at each location. Willdan also analyzed reported collision histories.
Willdan conducted field reviews of the 28 locations gathering existing conditions information including roadway widths, striping, signing, curb markings, etc. The information gathered was used to determine what additional traffic controls - pavement markings, signs, flashing beacons, Stop controls, traffic signals, etc. - might be necessary to address conditions with respect to maintenance needs or CA MUTCD standards. This project was conducted in 2 Phases: Phase 1 - Data Collection; Phase 2 - Analysis.
EDUCATION
BS, Civil Engineering,
California Polytechnic
University, Pomona,
California
PROFESSIONAL
CERTIFICATIONS
Civil Engineer, California
No. 56856
Certified Building Plans
Examiner, California No.
10072182
Transportation Engineer,
City of Los Angeles
Department of
Transportation
33 YEARS OF EXPERIENCE
17.F
Proposal for On-Call Traffic Engineering Services 17
Farhad Iranitalab,PE,TE
Principal Project Manager / Traffic Operations Lead
Farhad Iranitalab possesses an extensive background in traffic and transportation engineering. His expertise covers hands-on project and program management, planning, design, and construction – leading projects from inception to completion. Mr. Iranitalab has supervised completion of over 5,000 projects for a variety of small- to large-scale projects and has personally designed over 800 new and modified traffic signal installations, as well as various signal interconnect and communication facilities. Rounding out Mr. Iranitalab’s project background are projects involving geometric design, traffic signal design, traffic signal operations, traffic impact analyses, signing and striping plans, street light design, and traffic flow and capacity analysis. Mr. Iranitalab serves as City Traffic Engineer for the Cities of La Cañada Flintridge, Pico Rivera, Norwalk, and Los Alamitos.
Relevant Project Experience
On-Call City Traffic Engineering, City of La Canada Flintridge, CA. City Traffic Engineer.
Willdan proviedes on-call City Traffic Engineering services responsible for providing an extension of staff services in support of the City's traffic engineering needs. Day-to-day tasks encompass all general traffic engineering concerns, such as reviewing traffic impact studies and traffic control plans, collaborating with developers and their design teams, reviewing encroachment, approving transportation permits, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparing and presenting Commission and Council reports, collaborating with neighborhood groups to develop traffic calming plans/programs, conducting field investigations, and investigating citizen requests.
On-Call Traffic Engineering, City of Los Alamitos, CA. City Traffic Engineer. Willdan is providing as-needed traffic engineering services to the City of Los Alamuitos on a routine basis. Historically, this has involved reviewing traffic impact studies, preparing and reviewing traffic signal and striping plans, performing stop sign and safety analyses, preparing and presenting Traffic Commission and Council reports, representing the City at Orange County Transportation Authority meetings, conducting field investigations, investigating citizen requests, and providing technical assistance to City staff.
Citywide Traffic Signal Timing Evaluation and Modification, City of Lakewood, CA. Project Manager. Willdan was responsible for collecting traffic volume data at 53 signalized intersections, obtaining existing signal timing data from the City, evaluating the total delay for citywide traffic signals, and making recommendations for optimizing the timing using Synchro software.
El Roblar Drive Traffic Management Study, County of Ventura, CA. Project Manager.
Willdan prepared a traffic management study along El Roblar Drive. Willdan evaluated and developed short-term and medium-term alternatives to improve the safety and traffic flow between Rice Road and Lomita Avenue and the surrounding neighborhood streets.
The goal of the traffic management plan was to improve safety and reduce traffic impacts along this urban residential collector road and determine if there was any cut-through traffic or parking encroachment onto surrounding residential streets. The study also evaluated and addressed the safety for pedestrians and bicyclists by improving the signs and pavement markings
EDUCATION
BS, Civil Engineering,
Oregon State University,
Corvallis, OR
MS, Transportation
Engineering, Oregon State
University, Corvallis, OR
REGISTRATIONS /
CERTIFICATIONS
Civil Engineer, California
No. 33142
Traffic Engineer, California
No. 1695
41 YEARS OF EXPERIENCE
17.F
Proposal for On-Call Traffic Engineering Services 18
Nicolle Spann, PE, TE
Senior Engineer / Grant Funding Lead / Traffic Studies
Nicolle Spann is a Senior Engineer with Willdan who specializes in traffic engineering investigations, transportation planning, and grant funding applications. She is knowledgeable in transportation engineering processes and their application to operating systems. Nicolle is experienced in traffic impact analyses, roadway safety studies, engineering and traffic surveys, traffic calming analysis, warrant analysis, preparing local road safety plans, signing and striping design, and traffic signal design. She is well-versed in the understanding and applying guidelines set forth in the Highway Capacity Manual (HCM), a publication of the Transportation Research Board (TRB) of the National Academies of Sciences, Engineering, and Medicine in the United States, and the California Manual on Uniform Traffic Control Devices (CA MUTCD) – the standard for traffic signs, road surface markings, and traffic signals in the U.S. state of California.
Nicolle has vast experience in applying to and has been awarded $77M+ for client cities from federal, state, and local grant applications including the Highway Safety Improvement Program (HSIP), the Active Transportation Program (ATP), Metro Call for Projects, and Urban Greening. She stays up to date on upcoming grant programs and is proactive in understanding new grant opportunities.
Relevant Project Experience
Engineering and Traffic Surveys, City of Temecula, CA. Project Manager. Annually since 2012, Willdan has prepared an Engineering and Traffic (E&T) survey to recertify a portion of the segments in the City of Temecula. In 2023, Willdan recertified 24-segments and in 2022 Willdan recertified 33-segments in the City of Temecula. The E&T report included radar speed data, 24-hour counts, collision data analysis, review of existing and not readily apparent conditions, and a report documenting 85th and 50th percentile speeds and average speeds, as well as 10 mile per hour pace. The E&T Survey complied with current California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 2B.13 Guidelines and as required by the California Vehicle Code Section 627 and 40802.
Grant Funding Support Services, City of Paramount, CA. Deputy Project Manager responsible for overseeing grant funding application preparation for local, state, and federal programs such as HSIP, ATP, LRSP, RMC Prop. 68, Recreational Trails and Greenways, Clean California, and Urban Greening. All necessary application documents were completed and submitted along with narrative questions researched and answered.
Services encompassed attending meetings; gathering data; reviewing the City's master, general, and regional plans; performing field investigations; preparing cross sections and alignment concepts; assessing conflicts; identifying right-of-way easements; assessing environmental impacts; preparing an engineering estimate; and soliciting letters of support from community stakeholders.
Grant Funding Support Services, City of South Gate, CA. Deputy Project Manager responsible for overseeing the preparation of grant funding applications for various local, state, and federal programs such as HSIP, ATP, SSARP, AHSC, Just Transit, Safe Routes to School, MTA Call for Projects, and Urban Greening. All necessary application documents were completed and submitted along with narrative questions researched and answered.
Services encompassed attending meetings; gathering data; reviewing the City's master, general, and regional plans; performing field investigations; preparing cross sections and alignment concepts; assessing conflicts; identifying right-of-way easements; assessing environmental impacts; preparing an engineering estimate; and soliciting letters of support from community stakeholders.
EDUCATION
BS, Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS /
CERTIFICATIONS
Traffic Engineer,
California No. 2933
Civil Engineer, California
No. 91787
Civil Engineer, New
Mexico No.26862
Civil Engineer, Arizona
No. 74660
10 YEARS OF EXPERIENCE
17.F
27368 Via Industria, Suite 200
Temecula, CA 92590-4856
951.587.3500 | 800.755.6864 | Fax: 951.587.3510
www.willdan.com
17.F
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 24 2024
Department: Public Works
Submitted by: Noah Rau, Acting City Manager
Daniel Cortese, Environmental Services Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving a Sponsorship Agreement (CCC-96) between the California Conservation Corps (CCC), a State of California Entity, and the City of Hemet to Authorize Work on Projects Benefiting Public Lands and Water, Energy Conservation, and Fire Prevention and Authorizing the City Manager to Execute All Documents Related to the Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Sponsorship Agreement (CCC-96) between the California Conservation Corps (CCC), a State of California Entity, and the City of Hemet to Authorize Work on Projects Benefiting Public Lands and Water, Energy Conservation, and Fire Prevention and Authorizing the City Manager to Execute All Documents Related to the Agreement.
BACKGROUND:
The California Conservation Corps (CCC) is statutorily mandated to provide job skills training, educational opportunities, and an increasing awareness of the State’s natural resources to young adults. The CCC is authorized to work on projects in rural and urban areas that, provide a benefit to the public by, among other things, preserving, maintaining, and/or enhancing the lands and water of the State of California, directly contributing to the conservation of energy and/or assisting in fire prevention and suppression. The CCC is authorized pursuant to the California Public Resources Code Section 14306 to execute contracts for furnishing the services of the CCC to any federal, state, or local public entity, any local or statewide private organizations, and any person, firm, partnership, or corporation concerned with the objectives of the CCC program as specified in California Public Resources Code Sections 14000 and 14300.
The parties to this Agreement find and determine that it would be to their mutual advantage and the public benefit to join together to accomplish the purpose herein, and coordinate their power, authority,
17.G
and expertise for the CCC to use its corps members and employees to accomplish projects specified by the City of Hemet and agreed to by the CCC.
ANALYSIS:
The City has an ongoing need for projects benefiting public lands and water, energy conservation, and fire prevention, consistent with the Strategic Plan goals to improve the community's appearance, increase public safety visibility and response, and streamline fire prevention coordination efforts. Staff recommends entering into an agreement with the California Conservation Corps (CCC) for projects that are covered by the CCC’s statutory mandate, consistent with the CCC’s organizational priorities, and within the CCC’s operational capabilities. This new agreement shall remain in effect unless terminated upon thirty (30) days' written notice from either party.
DISCUSSION:
City staff is recommending that the City Council approve the award of a Sponsorship Agreement (CCC-96) between the California Conservation Corps (CCC), a State of California entity, and the City of Hemet to authorize work on projects benefiting public lands and water, energy conservation, and fire prevention and Authorizing the City Manager to Execute All Documents Related to the Agreement.
PREVIOUS COUNCIL ACTION:
None.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 3: Increase Public Safety visibility and response.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
No Fiscal Impact. Seeking approval for Sponsorship Agreement only.
ALTERNATIVE(S):
1. Do not approve this Agreement.
17.G
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Resolution for Sponsorship Agreement CCC-96 Attachment 2 - CCC96 - Local Government Sponsor Agreement
17.G
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING A
SPONSORSHIP AGREEMENT (CCC-96) BETWEEN THE
CALIFORNIA CONSERVATION CORPS (CCC), A STATE
OF CALIFORNIA ENTITY, AND THE CITY OF HEMET TO
AUTHORIZE WORK ON PROJECTS BENEFITING
PUBLIC LANDS AND WATER, ENERGY
CONSERVATION, AND FIRE PREVENTION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS RELATED TO THE AGREEMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the CCC is statutorily mandated to provide job skills training, educational opportunities, and an increasing awareness of the State’s natural resources to young adults; and
WHEREAS, the CCC is authorized to work on projects in rural and urban areas that, provide a benefit to the public by, among other things, preserving, maintaining, and/or enhancing the lands and water of the State of California, directly contributing to the conservation of energy and/or assisting in fire prevention and suppression; and WHEREAS, the CCC is authorized pursuant to the California Public Resources Code Section 14306 to execute contracts for furnishing the services of the CCC to any federal, state, or local public entity, any local or statewide private organizations, and any person, firm, partnership, or corporation concerned with the objectives of the CCC
17.G
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
program as specified in California Public Resources Code Sections 14000 and 14300; and
WHEREAS, the parties to this Agreement find and determine that it would be to their mutual advantage and the public benefit to join together to accomplish the purpose herein, and coordinate their power, authority, and expertise for the CCC to use its corps members and employees to accomplish projects specified by the City of Hemet and agreed to by the CCC; and
WHEREAS, the City has an ongoing need for projects benefiting public lands and water, energy conservation, and fire prevention, consistent with the Strategic Plan goals to improve the community's appearance, increase public safety visibility and response, and streamline fire prevention coordination efforts; and WHEREAS, staff recommends entering into an agreement with California Conservation Corps (CCC) for projects that are covered by the CCC’s statutory mandate, consistent with the CCC’s organizational priorities and within the CCC’s operational capabilities; and
WHEREAS, this new Agreement shall remain in effect unless terminated upon thirty (30) days written notice from either party; and
WHEREAS, City staff is recommending that the City Council approve the award of a Sponsorship Agreement (CCC-96) between the California Conservation Corps (CCC), a State of California entity, and the City of Hemet; and WHEREAS, there is currently no fiscal impact with approval for the sponsorship agreement and any potential fiscal impacts would result from specific project requests.
17.G
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS – The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. DETERMINES - Approves the Sponsorship Agreement for Services between the City of Hemet and California Conservation Corps (CCC).
SECTION 3. ORDERS - Authorizes the City Manager to execute all documents related to the agreement.
SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 24th Day of September 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.G
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of September, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.G
CCC-96 LG (rev. 07/2022)
SPONSOR AGREEMENT (CCC-96)
(for Governmental Entity – Local)
This Sponsor Agreement (Agreement) is entered into by the California Conservation Corps (CCC), State of California and
Sponsor’s Name: ____________________________________________, a State of California Local Public Entity (Sponsor).
WHEREAS, the CCC is statutorily mandated to provide job skills training, educational opportunities and an increasing awareness of the State’s natural resources to young adults;
WHEREAS, the CCC is authorized to work on projects in rural and urban areas that, provide a benefit to the public by, among other things, preserving, maintaining and/or enhancing the lands and water of the State of California, directly contributing to the conservation of energy and/or assisting in fire prevention and suppression;
WHEREAS, the CCC is authorized pursuant to the California Public Resources Code Section 14306 to execute contracts for furnishing the services of the CCC to any federal, state or local public entity, any local or statewide private organizations, and any person, firm, partnership, or corporation concerned with the objectives of the CCC program as specified in California Public Resources Code Sections 14000 and 14300;
WHEREAS, the Sponsor can provide opportunities for public service through meaningful and productive work projects;
WHEREAS, each party to this Agreement is duly authorized to enter into this Agreement; and
WHEREAS, the parties to this Agreement find and determine that it would be to their mutual advantage and the public benefit to join together to accomplish the purpose herein, and coordinate their power, authority and expertise for the CCC to use its corpsmembers and employees to accomplish projects specified by Sponsor and agreed to by the CCC;
17.G
CCC-96 LG (rev. 08/2022)
2 NOW THEREFORE, in consideration and recognition of the above, the Sponsor and CCC (collectively referred to herein as “the parties”) agree as follows:
A. Documentation of Projects
1. Sponsor will submit project proposals to the CCC.
2. The CCC shall work with Sponsor to include details of project proposals in a CCC Project Evaluation and/or other appropriate forms and documentation where applicable.
3. No project work will begin without CCC Project Evaluation documentation being signed by the parties’ representatives.
4. The documentation for any project necessarily incorporates into it this Agreement.
5. If there should be a conflict with terms and conditions contained in any other documents related to the parties’ relationship or any project related thereto, the terms and conditions set forth in this CCC 96 will take precedence.
6. Unless otherwise specified in the project documentation, the parties agree to accept documents that are electronically signed in accordance with Government Code Section 16.5.
B. Parties Obligations:
1. Sponsor agrees:
a. To pay for all costs, including but not limited to, labor, material and supply costs negotiated and agreed to by the parties that are directly related to and necessitated by the project and that are set forth in the project documentation;
b. To make available to the CCC adequate plans, specifications, materials, supplies, equipment and/or special labor requirements to complete the project as determined and agreed to by the parties as specified in the project documentation;
c. To provide adequate technical supervision as determined and agreed to by the parties;
d. To obtain approvals, clearances, and permits required by any local, state, tribal, or federal entity, law, or regulation;
e. To the extent any project involves the CCC performing work on private property, the Sponsor shall obtain and/or has obtained all necessary approvals, authorizations and/or permits from the owners
17.G
CCC-96 LG (rev. 08/2022)
3 of said private property before the CCC begins project work on said property and that the CCC is authorized to perform the project work on said private property;
f. To obtain clearances and/or meet requirements, if any, of trade unions or other labor organizations occasioned by the participation of the CCC in the project;
g. To provide project sites that, to the best of the Sponsor’s knowledge, are free of any known hazardous materials, but if there are any known hazardous materials present, the Sponsor shall provide the location, identity, and amounts of such hazardous materials as well as the associated Safety Data Sheets;
h. To provide or reimburse the CCC for acceptable temporary living accommodations for CCC personnel engaged in working on a project if: (1) the project is located at a site that is more than a one-hour drive from the designated CCC base center; and, (2) provision of such living accommodation is determined necessary by the parties;
i. To conduct an orientation with CCC personnel at the
commencement of each project to explain the technical aspects, safety requirements and other relevant information necessary for the CCC to successfully complete the project including the identification of restroom facilities or alternatives;
j. To work with the CCC to conduct an educational or training presentation at the CCC base center or project site to CCC Corpsmembers; and,
k. To consider authorizing the CCC to place a sign, plaque or emblem on the project site that presents the CCC’s contribution to the project.
2. CCC agrees to:
a. Review project proposals submitted by the Sponsor and work with Sponsor to prepare project documentation for those proposed projects that are covered by the CCC’s statutory mandate, consistent with the CCC’s organizational priorities and within the CCC’s operational capabilities;
b. Provide CCC personnel, equipment and materials to perform the obligations specified in the project documentation. The CCC will
17.G
CCC-96 LG (rev. 08/2022)
4 only use personnel who have received adequate prior training and are sufficiently equipped for and alerted to the general nature of the hazards inherent in the scope of work; and,
c. Provide its personnel with Workers’ Compensation coverage and benefits that are administered by the State Compensation Insurance Fund in accordance with the California Labor Code.
3. The Sponsor and CCC mutually agree to the following:
a. This Agreement is not intended to affect the legal liability of either of the parties by imposing any standard of care other than the standard of care imposed by law;
b. Mutual Indemnification:
i. To the extent permitted by law including Article XVI, sections 1 and 6 of the California Constitution, and the California Claims Act, the CCC agrees to hold harmless and indemnify the Sponsor against any liability, damage, or loss legally determined to have occurred as a result of
performance or failure to perform under this Agreement
and/or the project documentation caused by the acts
and/or omissions of any person directly employed by,
enrolled in or under the control or supervision of the CCC while performing the work set forth in this Agreement
and/or the project documentation; and,
ii. The Sponsor agrees to hold harmless and indemnify the CCC against any liability, damage, or loss legally
determined to have occurred as a result of performance or failure to perform under this Agreement and/or the project documentation caused by the acts and/or omissions of any person directly employed by or under the control or
supervision of the Sponsor while performing the work set forth in this Agreement and/or the project documentation; c. Insurance:
i. The State of California has elected to cover its motor vehicle and general liability exposure through claims
procedures instituted in accordance with the California Government Code provisions and the other provisions of
17.G
CCC-96 LG (rev. 08/2022)
5 the law relating to such liability. Pursuant to those procedures, tort liability claims should be presented as a government claim to the Government Claims Program,
P.O. Box 989052 MS 414, West Sacramento, CA 95798-
9052; https://www.dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Riskand-Insurance-Management-Services-List-Folder/File-a-GovernmentClaim?search=government%20claim%20form in accordance with the California Government Code and the other provisions of
the law governing submission of such claims. In addition, unless notified otherwise or on behalf of the CCC, motor vehicle liability claims should be presented to the Office of Risk and Insurance Management (ORIM), P.O. Box 989052
MS-403, West Sacramento, CA 95798-9052, (800) 900-
3634, [email protected]. If your motor vehicle liability claim is not resolved within six months from the date of loss, California law requires you to file a formal claim with the Government Claims Program, P.O. Box 989052 MS 414,
West Sacramento, CA 95798-9052 (link above). It should
be noted, however, that the willingness of ORIM to receive such motor vehicle liability claims does not constitute a waiver by the State of California or the CCC of the time limits or procedures provided by law or the filing of claims relating to such motor vehicle liability. It also should be noted that the addresses set forth in this paragraph are subject to change; any claimant is advised to verify the accuracy of and currency of the addresses for filing claims, and by setting forth addresses in this paragraph, neither the State of California nor the CCC is waiving any time limits or procedures provided by law for filing claims
related to alleged motor vehicle or general liability or any other alleged liability.
ii. The California Department of Human Resources has
entered into a Master Agreement with the State
Compensation Insurance Fund to administer Workers’
Compensation benefits for State employees and
Corpsmembers as required by the California Labor Code.
17.G
CCC-96 LG (rev. 08/2022)
6 d. The California Labor Code Section 1720.4(c) specifically exempts the CCC from paying state prevailing wages to Corpsmembers when engaged in public works projects. The CCC is not subject to the federal prevailing wage requirements set forth in the Davis-Bacon Act (Title 40 USC 276A et seq.) when providing labor on federal government contracts. Title 29 of the Code of Federal Regulations (CFR), Section 5.2(h) specifically provides that a State is not considered a contractor under statutes providing loans, grants, or other federal assistance in situations where construction is performed by its own employees and/or personnel;
e. The California Business and Professions Code, Section 7040 exempts the State of California from contractor licensing requirements. The CCC is a state entity subject to the exemption;
f. Improvements and Land Use:
i. All improvements constructed in whole, or in part by the CCC on lands owned or controlled by the Sponsor will remain the property of the Sponsor;
ii. Permission to camp and/or perform work on lands owned or controlled by Sponsor does not in any way convey to the CCC, its staff or any person or persons working with the CCC in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor; g. Emergency Services and Possible Delays:
i. The CCC is required to provide emergency services when directed by the Governor of the State of California pursuant to an Executive Order, the Office of Emergency Services (Cal OES), Department of Forestry and Fire Protection (CAL FIRE) and other agencies charged with responding to emergencies throughout California arising from fire, flood, wind, and other natural and man-caused disasters.
ii. The CCC may be required to temporarily suspend or permanently cease work on projects due to required emergency response or emergency conditions. The parties agree that any delay in completing the work by the CCC due to response to an
emergency shall be excused and costs incurred by the delay shall be the responsibility of the Sponsor.
17.G
CCC-96 LG (rev. 08/2022)
7 iii. The resources of the CCC are limited and the public service conservation work of the CCC may be altered in priority from time-to-time. The parties agree that other than delays caused by the CCC’s response to an emergency, all other delays by either party shall be excused and costs caused by delays shall be the responsibility of the party incurring such costs.
h. Audit: It is mutually agreed that, pursuant to California Government Code, § 8546.7, any project performed under this Agreement that involves the expenditure of public funds in excess of ten thousand dollars ($10,000) shall, along with the Parties thereto, be subject to the examination and audit of the California State Auditor for a period of three years after final payment under said project. Such audit may be triggered at the request of the public entity expending said funds or as part of any California State Auditor audit of said public entity. i. All contracts relating to the construction or operation of a project will contain a clause prohibiting discrimination and/or harassment against any person, employee or employee applicant engaged in the project work on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, and denial of family care leave;
j. Budget Contingencies:
i. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State of California and the CCC shall have no liability to pay any funds whatsoever to Sponsor or to furnish any other considerations under this Agreement or related project documentation and Sponsor shall not be obligated to perform any provisions of this Agreement or related project documentation; and,
ii. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State of California and the CCC shall have the option to either cancel this Agreement with
17.G
CCC-96 LG (rev. 08/2022)
8 no liability occurring to the State of California or CCC, or offer an amendment to the Agreement reflecting the reduced amount; k. Subject to the provisions herein, all remedies allowed by law are available to either party for enforcement of this Agreement. Any waiver of rights by either party or any matter relating to this Agreement shall not be deemed to be a waiver unless in writing and approved by both parties and shall not be a waiver to any other provision or matter relating to this Agreement;
l. If any part of this Agreement is found to be invalid the remainder of the Agreement shall continue in full force and effect;
m. Neither the CCC nor the Sponsor may assign this Agreement or any interest therein without the written consent of the other party; n. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties;
o. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California;
p. This Agreement shall remain in effect unless terminated upon thirty (30) days written notice from either party; and,
CONTINUED ON NEXT PAGE
17.G
CCC-96 LG (rev. 08/2022)
9 q. Each Party and its respective agents executing this Agreement warrants and represents that it has the full power and authority to execute, deliver and perform the obligations under this Agreement and that each Party’s performance hereunder has been duly authorized by all requisite actions on the part of that Party.
Sponsor Information:
Sponsor Name: Sponsor Department:
Address:
Contact Person: Phone:
Email Address:
SIGNATURES
In Witness Whereof, the parties have agreed to the conditions of this Agreement as of the date shown below.
Sponsor Representative Signature:
Print Name: Date:
CCC District Director/Region Deputy Signature:
Print Name: Date:
17.G
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 24 2024
Department: Fire Department
Submitted by: Noah Rau, Acting City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with HealthPro EMS Allowing Emergency Medical Technicians to Conduct Ridealongs with the Hemet Fire Department and Authorizing the City Manager to Enter into a Written Agreement with HealthPro EMS RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Agreement with HealthPro EMS Allowing Emergency Medical Technicians to Conduct Ridealongs with the Hemet Fire Department and Authorizing the City Manager to Enter into a Written Agreement with HealthPro EMS.
BACKGROUND:
To become an Emergency Medical Technician ("EMT") in the State of California, one must complete an approved EMT program that offers at least 170 hours of training, including clinical and internship experience. The internship component of the required education is typically conducted through ridealongs with public and private prehospital care agencies.
ANALYSIS:
HealthPro EMS ("HPEMT") desires to partner with the City for student field placement in order for students of HPEMT’s Emergency Medical Technician education program to gain additional clinical experience through ride-alongs with HFD, and desires access to opportunities in which students can obtain hands-on learning experiences.
DISCUSSION:
This agreement has been approved as to form by the City Attorney's Office, and would grant the City Manager the authority to execute the agreement. Execution will allow for HPEMT students to ride alongside HFD personnel to gain experience in prehospital medicine.
17.H
PREVIOUS COUNCIL ACTION:
None
STRATEGIC PLAN INTEGRATION:
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
FISCAL IMPACT:
There is no fiscal impact as no cost is associated with this program.
ATTACHMENT(S):
Attachment 1 - Ride Along Resolution
Attachment 2 - HealthPro EMT Training Agreement las 9.7.24 Attachment 3 - Participant Liability Waiver -EMT Clinical Internship Program
17.H
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT
WITH HEALTHPRO EMS ALLOWING EMERGENCY
MEDICAL TECHNICIANS TO CONDUCT RIDE-ALONGS
WITH THE HEMET FIRE DEPARTMENT AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
WRITTEN AGREEMENT WITH HEALTHPRO EMS
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, to become an Emergency Medical Technician ("EMT") in the State of California, one must complete an approved EMT program that offers at least 170 hours of training, including clinical and internship experience. The internship component of the required education is typically conducted through ride-alongs with public and private prehospital care agencies; and
WHEREAS, HealthPro EMS ("HPEMT") desires to partner with the City for student field placement in order for students of HPEMT’s Emergency Medical Technician education program to gain additional clinical experience through ride-alongs with HFD, and desires access to opportunities in which students can obtain hands-on learning experience; and
WHEREAS, this agreement has been approved as to form by the City Attorney's Office, and would grant the City Manager the authority to execute the agreement.
WHEREAS, execution will allow for HPEMT students to ride alongside HFD personnel to gain experience in prehospital medicine.
17.H
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. Approves an agreement with HealthPro EMS allowing Emergency Medical Technicians to Conduct Ride-alongs with the Hemet Fire Department SECTION 3. Authorizes the City Manager to enter into a written agreement with HealthPro EMS.
SECTION 4. This resolution shall be effective upon adoption.
17.H
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 24th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.H
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of September, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.H
HealthPro EMS Training Agreement
Between City of Hemet Fire Department and HealthPro EMT Training This agreement for EMT Clinical Internship Program (“Agreement”) is entered on this day _______________, by and between the City of Hemet, through its Fire Department (hereafter “HFD” or “City”) and HealthPro EMS Training, LLC, hereinafter referred as the (“HPEMT”).
RECITALS
WHEREAS, HPEMT desires to partner with the City for student field placement in order for students of HPEMT’s Emergency Medical Technician education program to gain additional clinical experience through ride-alongs with HFD, hereinafter referred to as (“Program”) and desires access to opportunities in which students can obtain hands-on learning experiences; and
WHEREAS, City is willing to participate in the Program, at no cost to HPEMT, and provide the ability for HPEMT students to participate in ride-alongs with the HFD in order for HPEMT students to gain field experience; and
WHEREAS, the parties acknowledge a commitment to contribute to the education of students for the benefit of the students and the community at large; and WHEREAS, HFD is an institution that provides valuable field practice for students to participate in ride-alongs.
NOW, THEREFORE, it is agreed as follows:
A. RESPONSIBILITIES OF HPEMT
HPEMT agrees that it will:
1. Enforce City’s rules and regulations during the hours students are in City facilities. Hours available for HPEMT students are from 0700-1900 Monday through Saturday.
2. Enforce student attire according to City’s policies.
3. INSURANCE. The HPEMT agrees to provide comprehensive general liability insurance for each student in an amount of one million dollars ($1,000,000) for each claim up to a total of three million dollars ($3,000,000) in any one year. Incidental malpractice is included in the provisions of the comprehensive general liability insurance so long as the student is acting within the scope of their assigned duties.
17.H
All insurance policies shall: (1) provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said policies except upon thirty (30) days written notice to the City, (2) be evidenced by the original Certificate of Insurance attached to the City’s form endorsement or the insurance carrier’s standard form endorsement evidencing the required coverage; and (3) be approved as to form by the City.
4. HPEMT students shall be responsible for learning and following the policies and procedures of the City. These policies and procedures are subject to change by City at any time.
5. HPEMT students will be required to comply with City’s applicable policies, procedures and guidelines, applicable state and federal laws, including those concerning the confidentiality of patient care and patient care records as required by HIPAA.
6. Designate, a person to coordinate time scheduling, with the knowledge and consent of the managing personnel of the HFD.
7. HPEMT is responsible for assuring those students assigned to the HFD for a ride-along meet both HPEMT and HFD standards of health and have the academic ability to profit from the experience.
8. HPEMT’s students, during the assignment to the HFD, shall be under the direct supervision of the assigned staff member of the HFD in matters occurring in the field.
9. HPEMT’s will ensure that prior to the start of a ride-along, students are provided with the City’s participation waiver.
10. HPEMT shall only assign ride-alongs to students who:
(a) Are in good standing with Program;
(b) Are currently certified in AHA BLS;
(c) Are currently receiving a passing grade in the Program; (d) Are covered by HPEMT's liability insurance; and
(e) Are current on all required immunizations.
B. RESPONSIBILITIES OF CITY OF HEMET FIRE DEPARTMENT (HFD) HFD agrees that it will:
1. Accept students for ride-alongs according to HFD’s established procedures.
2. Ride-alongs will not exceed twelve (12) hours in length. No students will be scheduled for ride-alongs on Sundays.
17.H
2. The HFD may, in its sole discretion, terminate a student’s ride-along for any cause whatsoever.
3. The HFD shall carry its usual comprehensive general liability policy covering its officers, agents, and employees.
C. TERM
The term of this Agreement shall be effective as of _______________, and shall continue until either party provides notice of termination according to section D.
D. TERMINATION
This Agreement may be terminated with or without cause at any time by either party upon thirty (30) days prior written notice to the other party or upon completion of the student’s assignment, whichever is greater.
E. INDEPENDENT CONTRACTOR
City, while engaging in the performance of this Agreement, is an independent contractor, and is not an officer, agent, or employee of HPEMT. Students shall not be considered employees of the City.
F. ASSIGNMENT OF CONTRACT
Neither City nor HPEMT shall assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other.
G. INDEMNIFICATION
1. The City shall save, defend, hold harmless, and indemnify HPEMT against any and all liability, claims, and costs, of whatsoever kind and occurring in connection with or any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, subcontractor, or any employee, agent, or representative of City or subcontractor.
2. The HPEMT shall save, defend, hold harmless, and indemnify the City against any and all liability, claims, and costs, of whatsoever kind and occurring in connection with or any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, subcontractor, or any employee, agent, or representative of HPEMT or subcontractor.
17.H
H. EQUAL EMPLOYMENT OPPORTUNITY
The parties represent that they are equal opportunity employers, and they shall not discriminate against any employee or applicant for the Program because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
I. MODIFICATIONS AND AMENDMENTS
This Agreement may be amended or modified by mutual written consent of the authorized representatives of both parties.
J. NOTICE
Any notice and reports under this Agreement shall be in writing and may be given my personal delivery or by mailing by certified mail, addressed as follows:
City: HPEMT:
City of Hemet Colin Haggerty
Hemet Fire Department HealthPro EMT Training, Operations Manager Attn: Battalion Chief 555 Corporate Drive, Ste. 270
510 E. Florida Ave. Ladera Ranch CA 92694
Hemet, CA 92543 [email protected]
Notice shall be deemed to have been delivered upon seventy-two (72) hours after deposit in the United States mail or twenty-four (24) hours after deposit with an overnight carrier. The addressees and addresses for purpose of this paragraph may be changed by giving written notice of such change. Unless and until written notice of change of addressee and/or address is delivered in the manner provided in this paragraph, the addressee and address set forth in this Agreement shall continue in effect for all purposes hereunder.
K. USE OF NAME
Neither party shall use the name, insignia or trademark of the other, including the names of HPEMT, or HFD, or Hemet Fire Department or City of Hemet without the prior written consent of an authorized representative of the other party.
L. COMPLIANCE WITH APPLICABLE LAW
17.H
In the performance of services under this Agreement, HPEMT shall comply with all applicable provisions of Federal, State, and local laws. [SIGNATURE PAGE TO FOLLOW]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on ________________.
CITY:
City of Hemet
______________________________
Mark Prestwich City Manager
City of Hemet
HPEMT:
_______________________________
Joan Battersby RN MSN, Owner/Director
HealthPro EMT Training
17.H
17.H
PARTICIPANT LIABILITY WAIVER
EMT Clinical Internship Program
Thank you for participating in this exciting and fun recreational opportunity in the City of Hemet. By completing this form, you agree to release the City of Hemet and organizations participating in the EMT Clinical Internship Program in connection with your status as a student at HealthPro EMT Training (“HPEMT”) of all liability while serving as a Participant. This Release and Waiver of Liability (the “Release”) executed on this (DATE) ___________________, 2024 by and between those individuals whose names are affixed below (each, individually, a “Participant”) in favor of the City of Hemet, as well as its officers, agents, servants and employees and organizations sponsoring or hosting this event (collectively, “City of Hemet”).
The Participant desires to participate in a Hemet Fire Department ride-along (the “Activity”). The Participant understands that the Activity will include the use of real firefighter gear and equipment and will provide hands-on field experience within the City limits. The Participant agrees to use such firefighter gear and equipment with due care and in a safe manner while participating in this Activity.
The Participant hereby freely, voluntarily, and without duress executes this Release under the following terms:
Release and Waiver: Participant does hereby release and forever discharge and hold harmless the City of Hemet and it successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Participant’s Activity with the City of Hemet. Participant understands that this Release discharges the City of Hemet from any liability or claim that the Participant may have against the City of Hemet with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the Participant’s Activity with the City of Hemet, whether caused by the negligence of the City of Hemet or its officers, or assigns except for the sole negligence of the City of Hemet. Participant also understands that the City of Hemet does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Medical Treatment: Participant does hereby release and forever discharge the City of Hemet from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Participant’s Activity.
17.H
Assumption of the Risk: The Participant hereby expressly and specifically assumes the risk of injury or harm in the Activity and releases the City of Hemet from all liability for injury, illness, death, or property damage resulting from the Activity.
Insurance: The Participant understands that the City of Hemet does not carry or maintain health, medical, or disability insurance for any Participant.
Photographic Release: Participant does hereby grant and convey unto the City of Hemet all rights, title, and interest in any and all photographic images and video or audio recordings made by the City of Hemet during the Participant’s Activity, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
Other: Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of California and that this Release shall be governed by and interpreted in accordance with the laws of the State of California.
Participant agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
IN WITNESS WHEREOF, Participant has executed this Release as of the day and year first above written.
*** If Participant is under the age of 18 a parent or legal guardian must sign.
Signatures:
_____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________
17.H
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 24 2024
Department: Public Works
Submitted by: Noah Rau, Acting City Manager
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Sports Lighting for the Gibbel Skate Plaza (CIP 5777) From Musco Sports Lighting, LLC in the Amount of $269,334 Utilizing the Sourcewell Contract #041123-MSL and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize a 10% Contingency in the Amount of $26,933
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Sports Lighting for the Gibbel Skate Plaza (CIP 5777) From Musco Sports Lighting, LLC, in the Amount of $269,334 Utilizing the Sourcewell Contract #041123-MSL and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize a 10% Contingency in the Amount of $26,933.
BACKGROUND:
The feasibility and planning for the Gibbel Skate Plaza began in 2018. The design work was awarded in late 2020. The City Council allocated ARPA funding for the construction of the Skate Plaza in March 2022, and the design was finalized in mid-2022.
While lighting for the Skate Plaza was contemplated during the design, it was not included in the initial construction budget . The City applied for a State grant to help fund the installation of the lighting and shade in mid-2023, however, this grant was not awarded.
The Skate Plaza construction was completed in November 2023, and the as-builts were accepted by the City Council on April 9, 2024. A significant amount of allocated construction contingency was not needed for the construction.
On August 13, 2024, the City Council adopted the 2024 annual update to the City's five-year Capital Improvement Program (CIP) that included CIP 5777 to install lighting and shade at the Gibbel Skate
17.I
Plaza. This project was allocated the remaining contingency funds from the Skate Plaza construction and some additional Park Development funds.
ANALYSIS:
This project involves the installation of a custom designed Musco sports lighting system for the Gibbel Skate Plaza that includes light foundations, poles, luminaires, control system, and electrical work.
The control system will also incorporate the new Pickleball Court lighting for an integrated Gibbel Park sports lighting control system.
In an ongoing effort to operate in a financially sustainable manner, the Public Works Department is taking advantage of a Cooperative Purchase Agreement awarded to Musco Sports Lighting, LLC by Sourcewell contract #041123-MSL. Cooperative Purchase Agreements allow the City to secure pricing that has been established through competitive bidding efforts of federal, state, and local government agencies. This process benefits the City by expediting bid awards and avoiding costs related to staff time required for the development of bid specifications, advertisement, and bid openings.
DISCUSSION:
The proposed sports lighting for the Gibbel Skate Plaza will allow extended hours for use and is one of the most requested amenities by the park users.
The plans for the lighting have already been reviewed and approved by the Department of Life Safety. The Public Works Department will manage and inspect the project.
PREVIOUS COUNCIL ACTION:
June 27, 2017: the City Council gave direction to staff to pursue the Skate Plaza project and to perform the feasibility as a stand-alone study.
August 13, 2019: The City Council directed staff to move forward with the skate plaza process. February 19, 2020 and March 11, 2020: the City Council Skate Plaza Ad-Hoc Committee (Percival and Wright) met with staff for follow-up.
September 8, 2020: The City Council adopted a resolution awarding a contract to New Line Skateparks, Inc. in the amount of $68,500 for the final design of the Gibbel Park Skate Plaza. March 4, 2022, Special City Council Meeting: City Council approved the ARPA project for construction of a skate plaza at Gibbel Park.
February 28, 2023: the City Council awarded the Construction of the Gibbel Skate Plaza to C.S. Legacy Construction Inc.
April 9, 2024: the City Council accepted the as-builts for the construction of the Skate Plaza. August 13, 2024: the City Council adopted the annual update to the City's five-year CIP that included CIP 5777.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
17.I
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
There is no impact to the General Fund. The funds currently appropriated to CIP 5777 are sufficient to award the proposed agreement.
ALTERNATIVE(S):
1. Do not approve the agreement for the purchase and installation of the sports lighting for the Gibbel Skate Plaza.
2. Provide alternative direction to the City Manager.
REVIEWED BY LEGAL:
☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution Award Lights
Attachment 2 - Gibbel Skate Park Lighting Sourcewell Proposal 8-14-24rev Attachment 3 - Musco Sports Lighting - Gibbel Skate Park Lighting - 2025-019
17.I
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AWARDING AN AGREEMENT
FOR THE PURCHASE AND INSTALLATION OF SPORTS
LIGHTING FOR THE GIBBEL SKATE PLAZA (CIP 5777)
FROM MUSCO SPORTS LIGHTING, LLC IN THE
AMOUNT OF $269,334 UTILIZING THE SOURCEWELL
CONTRACT #041123-MSL AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS RELATED
TO THE AGREEMENT AND AUTHORIZE A 10%
CONTINGENCY IN THE AMOUNT OF $26,933
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the feasibility and planning for the Gibbel Skate Plaza began in 2018. The design work was awarded in late 2020. The City Council allocated ARPA funding for the construction of the Skate Plaza in March 2022 and the design was finalized in mid-2022; and
WHEREAS, while lighting for the Skate Plaza was contemplated during the design, it was not included in the initial construction budget. The City applied for a State grant to help fund the installation of the lighting and shade in mid-2023, however, this grant was not awarded; and
WHEREAS, while lighting for the Skate Plaza was contemplated during the design, it was not included in the initial construction budget.; and WHEREAS, the City applied for a State grant to help fund the installation of the lighting and shade in mid-2023, however, this grant was not awarded; and
17.I
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, the Skate Plaza construction was completed in November 2023 and the as-builts were accepted by the City Council on April 9, 2024.; and WHEREAS, on August 13, 2024, the City Council adopted the 2024 annual update to the City's five-year Capital Improvement Program (CIP) that included CIP 5777 to install lighting and shade at the Gibbel Skate Plaza.; and WHEREAS, City staff recommends that the City Council award an agreement to Musco Sports Lighting LLC in the amount of $269,334 to supply and install the custom sports lighting and control system for the Gibbel Skate Plaza.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. AWARD AGREEMENT – The City Council hereby awards Musco Sports Lighting, LLC an agreement to supply and install the custom designed sports lighting and control system for the Gibbel Skate Plaza constructed at 2625 W.
Devonshire Avenue, Hemet CA, 92545.
SECTION 3. AUTHORIZATION – The City Council authorizes the City Manager to execute all documents related to the agreement with Musco Sports Lighting LLC and a 10% construction contingency in the amount of $26,933.
SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon adoption.
17.I
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 24th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.I
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of September, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.I
©2013 Musco Sports Lighting, LLC Page 1 of 6
M-1551-enUS-3
Quote
Gibbel Skate Park Lighting Project
Hemet, California
Date: August 2, 2024
To: Noah Rau– The City of Hemet
Cooperative Purchase Agreement
Sourcewell
Contract Number: 041123-MSL, Expiration: 06/16/2027
Category: Sports lighting with related supplies and services Musco Sports Lighting, LLC #041123-MSL:
Pricing for contract #041123-MSL is provided at 5% off list price for materials to Sourcewell participating agencies. Musco Sports Lighting, LLC is a custom designed, engineered to order lighting system.
Any pricing obtained from Musco Sports Lighting, LLC has the 5% discount for the materials applied.
Gibbel Skate Park Lighting Equipment with Installation Services Musco’s Lighting Equipment as described below and delivered to the job site:
Skate Park Equipment with Installation: $246,000.00
Estimated Sales Tax on Lighting Material only ~8.75%- Confirm at the time of order: ~$21,525.00 Project Bonding (if required): +$1,809.00
Confirm Sales tax rate at the time of order. Pricing furnished is effective for 90 days unless otherwise noted and is kindly considered confidential.
Gibbel Skate Park Field Size Descriptions
Skate Park (~140’ x ~160’, or 22,400 square feet lit to 25 Footcandles) Equipment Description-Skate Park
• (4) Pre-cast concrete bases-P1, P2, P3, P4
• (4) 40’ Galvanized steel poles- P1, P2, P3, P4
• (12) TLC LED 550 Factory-aimed and assembled luminaries On Field Performance – Control to benefit players, fans (1) Control and Monitoring Cabinets (CMC). (1x) 24” x 48” CMC. Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support- Lighting Control Zones: Zone 1- Skate Park, Zone 2- (Future) Security, Zone 3- Pickleball- per electrical design. *Coordinate electrical plan update to document the addition of Pickleball as Lighting Zone 3.
Environmental Light Control – Control for neighbors and the environment Reduction of spill light and glare by 50% or more
See Musco Lighting Design dated February 15, 2024.
Always Ready to Play – Control assuring the results you expect
17.I
©2013 Musco Sports Lighting, LLC Page 2 of 6
M-1551-enUS-3
Quote
Product assurance and warranty program that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years.
Project Pole Attachments (Future):
(4) Mounting Provisions for future Security Light at 20’, light poles P1, P2, P3, P4- Facing the Skate Park. (4) Mounting Provisions for future Security Camera at 15’, light poles P1, P2, P3, P4- Facing the Skate Park Notes
Quote is based on:
• Shipment of entire project together to one location
• See Musco Structural Design dated 2/27/24.
• Includes structural design services for the Musco Light poles. CBC 2022, mph 96. • Delivery to the job site will be 10-14 weeks after submittal approval, confirmation of order details, and coordination with any test and inspection agency assigned to the project. • Musco shall provide an installation schedule upon confirmation of order details.
Thank you for the opportunity to discuss Musco’s innovative lighting solutions; we are determined to provide you with the best value option for your facility. Please contact us if you have any questions.
Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Tustin, CA 92780
Office: 800-659-0117x6121
Mobile: 714-614-0863
17.I
©2013 Musco Sports Lighting, LLC Page 3 of 6
M-1551-enUS-3
Quote
Gibbel Skate Park Lighting Project
Hemet, CA
Turnkey Installation Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction using standard 2-wheel drive rubber tire equipment.
2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities.
3. Stop irrigation prior to the start of work and throughout construction in work areas.
4. Pay any necessary SCG power company fees and requirements.
5. Pay all permitting fees (city requirements).
6. Utility Fees / Permits.
Musco Responsibilities:
1. Provide Light Poles, Light Fixtures, Lighting Control Equipment including electrical enclosures, wire harnesses. P1, P2, P3, P4.
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Provide structural design and calculations.
5. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Musco Inclusions Based on Site Walk:
1. Add Pickleball Lighting Control Zone to the Musco Control Link System. Discussed during site walk.
Musco will provide this lighting zone with the project submittal. We will need to request a document change to the Project Electrical Engineer- JCA Engineering.
2. Musco will provide a small step down transformer to provide 120v power to the Musco CMC. See Panel SP. (FEC to install transformer).
Musco Exclusions:
A. Plan Check Fees, permits. Musco / FEC Electric can pull no fee city permits as needed.
Musco Subcontractor Responsibilities General:
1. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery.
2. Provide storage containers for material, as needed.
3. Provide necessary waste disposal and daily clean up.
4. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation.
5. Obtain any required no fee permitting as directed by the city (if required).
6. Assist the city of Hemet to confirm the existing underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment.
7. Heavy equipment may create ruts in grass outside of skatepark. Coordinate trench lines, boring routing (if applicable), and lift equipment routing to the edge of each baseball field when possible to reduce impact to grass surfaces.
17.I
©2013 Musco Sports Lighting, LLC Page 4 of 6
M-1551-enUS-3
Quote
8. Provide startup and aiming as required to provide complete and operating sports lighting system.
9. Installation to commence upon delivery and proceed without interruption until complete. Musco to be immediately notified of any breaks in schedule or delays.
10. Grounding for all light poles.
11. Fence extension ~10’ x 10’. Coordinate with the city of Hemet.
12. FEC Electric shall disperse spoils at Brubaker Park site.
Light Pole ECE’s, and Luminaires:
1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately notify your Musco Project Manager.
2. Provide labor, materials, and equipment to install 4 poles with luminaries. Light Poles P1, P2, P3, P4.
3. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component enclosures, pole top assemblies, and pole harnesses.
Electrical:
1. See ET-1.0, E-1.0, E-2.0, E-3.0, E-4.0, E4.1, E-5.0.
2. Final electrical plans prepared by JCA Engineering.
3. Provide labor, materials and equipment to install (1) Musco Control and Monitoring Cabinet in the new electrical enclosure near existing switchgear. Providing stainless steel as identified on plans, can look at substitution if requested by the city of Hemet.
4. New concrete pad for switchboard.
5. Furnish and install a new 200A SP panel, distribution section, and one empty section for the Musco Control and Monitoring Cabinet. E2.0 LCE.
6. Trench, conduit native backfill, pull boxes, wire, and terminations. Includes spare conduit
7. Stockpile excess soil in city designated area.
8. Provide as-built drawings on completion of installation.
Control System:
1. Provide labor, equipment, and materials to install (1) Musco Control and Monitoring Cabinets and terminate all necessary wiring.
2. Provide a dedicated 120 V 20 A controls circuit via Musco supplied step-down transformer for 120 V control circuit.
3. Check all zones to make sure they work in both auto and manual mode.
4. Commission Control-Link® by contacting Control Link Central™ at 877-347-3319.
CODE OF CONDUCT
In order to maintain a high-quality jobsite and installation, Subcontractor represents to Musco that it has the supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that Musco does not undertake any duty toward Subcontractor’s employees to train, manage, supervise, monitor, and inspect their work activities for the purpose of enforcing compliance with these safety requirements, but Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to safety.
17.I
©2013 Musco Sports Lighting, LLC Page 5 of 6
M-1551-enUS-3
Quote
Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all rules and regulations established pursuant thereto, and all amendments and supplements thereto.
Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these requirements. Subcontractor shall also observe and comply with all laws with respect to environmental protection applicable to the Project.
Subcontractor shall require all its subcontractors, employees, visitors, suppliers, and agents under its direction to comply with the following:
1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a. Subcontractor’s employees and agents shall be required to wear appropriate personal protective equipment including, but not limited to, safety glasses with side shields, work shoes, fall protection devices, and hard hats.
b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest systems.
c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create inconvenience to others using the jobsite.
e. Subcontractor shall provide for and ensure the use of safety equipment for the Project in accordance with Musco’s and Owner’s safety requirements, to the extent these may be stricter than federal, state, or local standards, or generally recognized industry applicable standards. f. Subcontractor shall provide the Musco project manager with an “Emergency List” showing Subcontractor’s designated medical doctor, hospital, insurance company, and any other health service providers, such list to be updated within 24 hours of any change in the information provided. g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require), Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any equipment or facility. Upon request, Subcontractor shall promptly furnish Musco with a written report of any such accident as well as a copy of all insurance and worker’s compensation claims involving the Project.
h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for each piece of construction equipment they intend to operate. Documentation of specific training is the responsibility of the Subcontractor.
i. Jobsite shall be policed daily for compliance to the above conditions. j. Subcontractor’s employees and agents are prohibited from using drugs and alcohol on the Project property or being under the influence of alcohol or drugs while performing work on the Project. Anyone observed participating in or observed under the influence will be removed from the Project immediately and prohibited from returning, with no exceptions.
17.I
©2013 Musco Sports Lighting, LLC Page 6 of 6
M-1551-enUS-3
Quote
2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES. a. Review and understand installation instructions are provided with every product installation. b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure. c. Verify that components have been assembled per Musco installation instructions. d. Verify plumb of concrete foundations prior to standing of poles.
3. PROVIDING A QUALITY INSTALLATION TEAM.
a. Subcontractor’s work directly reflects the quality of the installation and may indirectly relate to the quality of the product upon which Musco’s reputation is built. b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product.
17.I
Page | 1
MINOR PUBLIC WORKS AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
MUSCO SPORTS LIGHTING, LLC.
A DELAWARE CORPORATION
AGREEMENT # 2025-019
17.I
MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND MUSCO SPORTS LIGHTING, LLC
GIBBEL SKATE PARK LIGHTING PROJECT
This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 25th day of September, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Musco Sports Lighting, LLC, a Delaware corporation (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
B. City desires to engage Contractor for performance of the following public work of improvement Gibbel Skate Park Lighting Project (the "Project” or the “Work").
C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification(s) C-10 which it shall maintain for the duration of the Contract.
D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof.
E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.
F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.
G. In Compliance with federal, state, and City procurement regulations, the City obtained competitive pricing for the Project using the Sourcewell Cooperative Agreement with Contractor, Contract number 041123-MSL, attached hereto and incorporated herein by reference as Exhibit "H" [Cooperative Agreement].
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
Page | 2
17.I
Page | 3
SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:
Gibbel Skate Park Lighting
Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:
1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.
2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.
3. Protect all materials to be used in the Work in accordance with the specifications.
4. Protect existing facilities and personal property.
5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.
6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.
8. Coordinate with City-scheduled events.
9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.
17.I
Page | 4
10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.
B. The following documents are incorporated into and made part of this Contract by this reference:
1. Insurance Requirements (Exhibit A)
2. Designation of Subcontractors Form (Exhibit B)
3. Public Works Contractor Registration Certification (Exhibit C)
4. Payment and Performance Bonds (Exhibit D)
5. Contractor’s Proposal (Exhibit E)
6. Plan Sheets prepared by JCA Electrical Engineering and Consulting and dated March 6, 2024. (Exhibit F)
7. Change orders issued in accordance with the Contract Documents (Exhibit G)
8. Sourcewell Cooperative Agreement (Exhibit H)
9. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda (most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.
D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.
SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of Two Hundred and SixtyNine Thousand Three Hundred and Thirty-Four Dollars ($269,334.00) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.
B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required
17.I
Page | 5
by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.
If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.
C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.
D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.
E. All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To sign up for electronic payments contact [email protected].
F. The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount
17.I
Page | 6
specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
SECTION 4. TIME
A. Contractor shall complete the Project no later than 35 working days following City's issuance of the Notice to Proceed (the "Contract Time").
B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.
C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of five hundred ($500) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.
D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.
E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall
17.I
Page | 7
ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.
F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.
SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.
C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.
17.I
Page | 8
Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.
D. Public Works Contractor Registration.
1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”
3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
E. Hours of Work.
1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.
2. The Contractor shall perform all work during the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work.
City will invoice the Contractor at time and one half to cover the costs incurred. If
17.I
Page | 9
Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.
F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions before commencing the performance of the work of this Contract."
H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.
SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City.
Contractor shall not be compensated for any change made without City’s written direction.
No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.
B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;
2. By a combination of existing and new unit prices and related quantities for the changed work;
3. Time and Materials, calculated as set forth in Section 6(C), below; or
4. By mutual acceptance of a lump sum.
C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:
17.I
Page | 10
1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.
2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.
3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate listed in the most recent edition of the Association of Equipment Distributors (AED) book. a. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools.
4. Work Performed by Special Forces or Other Special Services. When City and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist.
Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances, wherein, Contractor is required to perform
17.I
Page | 11
extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.
5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis. Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary onSite facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above.
a. Overhead and profit on labor shall be fifteen percent (15%). b. Overhead and profit on materials shall be ten percent (10%). c. Overhead and profit on equipment rental shall be ten percent (10%). d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph. When the net difference is a deletion, no percentage for overhead or profit will be allowed, but rather a deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost proposal, jobsite overhead, and home office overhead. No markup will be allowed on taxes, insurance, and bonds.
17.I
Page | 12
D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.
SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.
B. If a claim cannot be resolved through direct discussions between City and Contractor, disputes for three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.
C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.
D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.
E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.
17.I
Page | 13
G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.
H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.
B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.
C. Contractor shall make the Work accessible at all reasonable times for inspection by City.
Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.
D. When the Work is completed, Contractor shall request, in writing, a final inspection.
Within ten (10) days of the receipt of such request, City shall make a final inspection.
Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.
E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.
SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.
B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.
17.I
Page | 14
C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.
D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.
E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.
SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.
B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for
17.I
Page | 15
damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.
B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct. 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 Contract.
C. 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 indemnified party. 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’s 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.
D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.
SECTION 12. BONDS AND INSURANCE
A. Bonds.
1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.
2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,"
17.I
Page | 16
authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.
B. Insurance.
1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.
SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.
Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater.
Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by City’s representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.
17.I
Page | 17
C. This Contract shall be governed by and construed in accordance with the laws of the State of California.
SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.
SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.
SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT
Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Water Board) Water Quality Order No. 2009-0009-DWQ, including any and all subsequent amendments and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
SECTION 18. MISCELLANEOUS
A. Existing Utilities.
1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.
2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary
17.I
Page | 18
to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.
3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify City before starting potholing operations. Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.
4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.
5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.
6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
B. Differing Site Conditions.
1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to
17.I
Page | 19
be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,
b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
2. Contractor shall give notice in accordance with the Change Order provisions above.
3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.
4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.
5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.
C. Records and Audits.
1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.
2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after
17.I
Page | 20
the termination of this Contract.
3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.
D. Clayton Act and Cartwright Act.
Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.
E. Contractor Supervision.
The Contractor shall provide competent supervision and staffing of the Work as approved by City.
As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.
F. Character of Workers.
If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.
G. Cooperation.
Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.
17.I
Page | 21
H. Notices.
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:
To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Contractor: Musco Sports Lighting, LLC
Attn: Mike Higgins
3002 Dow Ave., Suite #504
Tustin, CA 92780
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
I. Nondiscrimination.
Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
J. Safety.
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures;
17.I
Page | 22
(b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures. [SIGNATURES ON FOLLOWING PAGE]
17.I
Page | 23
MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND MUSCO SPORTS LIGHTING, LLC
GIBBEL SKATE PARK LIGHTING PROJECT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
City of Hemet Musco Sports Lighting, LLC:
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________
Dated: ___________________________ Dated: ___________________________ (Attach Acknowledgment for Authorized
Representative of Contractor)
License No.: ________________________
ATTEST:
CITY CLERK
By: ______________________________
John Maier
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
Steven Graham
17.I
Page | 24
EXHIBIT A
INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general Aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.
4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
17.I
Page | 25
5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon thirty (30) days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
17.I
Page | 26
11. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
17.I
Page | 27
EXHIBIT B
DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
Portion of Work: _____________________________________
SubMusco Sports Lighting, LLC _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
SubMusco Sports Lighting, LLC _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Name of Contractor: Musco Sports Lighting, LLC
Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
17.I
Page | 28
EXHIBIT C
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor: Musco Sports Lighting, LLC
DIR Registration Number: ___________________________
Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor: Musco Sports Lighting, LLC
Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
17.I
Page | 29
EXHIBIT D
BOND FORMS
PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated September 25th, 2024 is in the amount of $269,334.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Musco Sports Lighting, LLC (Contractor), (Surety), CITY OF HEMET
(Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Musco Sports Lighting, LLC
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Gibbel Skate Park Lighting, dated September 25th, 2024, in the amount of $269,334.00.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
17.I
Page | 30
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
17.I
Page | 31
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
17.I
Page | 32
8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
17.I
Page | 33
14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
17.I
Page | 34
PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Musco Sports Lighting, LLC as Principal, dated the 25th day of September, 2024 (the Contract), titled the City of Hemet Gibbel Skate Park Lighting in the amount of $269,334.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
Gibbel Skate Park Lighting
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($269,334.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties,
17.I
Page | 35
jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
17.I
Page | 36
EXHIBIT E
CONTRACTORS PROPOSAL
17.I
Page | 37
17.I
Page | 38
EXHIBIT F
PLAN SHEETS
17.I
GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
CITY OF HEMET
ELECTRICAL GENERAL NOTES
APPLICABLE CODES PROJECT GENERAL NOTES
NEW SPORTS LIGHTING
SCOPE OF WORK
GIBBEL PARK WHEEL SKATE PARK
SHEET INDEX
TITLE SHEET
ET-1.0
06/21/24
06/21/24
17.I
RAMP DN RAMP DN
IRR IRR
IRR Y D H
FINISH FLOOR
1540.8±
SHED
FS?
LS
PAVEMENT
PAVEMENT
GRASS
GRASS
GRASS
TENNIS COURTS
LAWN BOWLING
CURB & GUTTER
SIDEWALK
IRRIG
ASSEY
IRR
GAZEBO RAMP
IRR
IRR T DEVONSHIRE AVE
N89° 57' 53"E 659.50'
N89° 57' 53"E 611.50'
P1
P2
P3
P4 120'
5' 17'
160' 130'
130' 20'
20'
ELECTRICAL SITE
PLAN
E-1.0
ELECTRICAL SITE PLAN 1 GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
06/21/24
17.I
GENERAL NOTES GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
SINGLE LINE DIAGRAM 1
SINGLE LINE
DIAGRAM, ENLARGED
SITE, GEN. NOTES
AND LTG FIXTURE
SCHEDULE
E-2.0
ENLARGED "LCE" DETAIL 3
REFRENCE PHOTOS 4 ENLARGED SITE PLAN 2
06/21/24
17.I
SYMBOL LIST,
DETAILS &
SCHEDULES
E-3.0
SPORTS POLE DETAIL 2
SPORTS POLE SCEHDULES 1
ELECTRICAL SYMBOLS LIST GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
PULLBOX DETAIL 5
TRENCH DETAIL 4
REFERENCE PHOTOS 3
06/21/24
17.I
GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
ELECTRICAL
SPECIFICATIONS
E-4.0
ELECTRICAL SPECIFICATIONS “ ” “ ” “ ”
”
” “ ”
06/21/24
Type text here
17.I
GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
SPORTS LIGHTING
SPECIFICATIONS
E-4.1
SECTION 26 56 68 - EXTERIOR ATHLETIC LIGHTING
Lighting System with LED Light Source
PART 1 - GENERAL
1.1 SUMMARY
A.Work covered by this section of the specifications shall conform to the contract documents, engineering plans as well as state and local codes.
B. The purpose of these specifications is to define the lighting system performance and design standards for Gibbel Skate Park using an LED Lighting source. The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth in these specifications.
C.The sports lighting will be for the following venues:
1. Skate Park
D.The primary goals of this sports lighting project are:
1. Guaranteed Light Levels: Selection of appropriate light levels impacts the safety of players and the enjoyment of spectators. Therefore, light levels are guaranteed to not drop below specified target values for a period of 25 years.
2. Environmental Light Control: It is the primary goal of this project to minimize spill light to adjoining properties and glare to players, spectators, and neighbors.
3. Cost of Ownership: To reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated for the duration of the warranty.
4. Control and Monitoring - To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote on/off control system for the lighting system. Fields should be proactively monitored to detect luminaire outages over a 25-year life cycle. All communication and monitoring costs for 25-year period shall be included in the bid.
a. Control and monitoring system shall provide contactor control of all existing circuits. Key switches shall be provided to provide field-level control of existing circuit groups.
1.2 ONFIELD LIGHTING PERFORMANCE
A.Illumination Levels and Design Factors: Playing surfaces shall be lit to an average target illumination level and uniformity as specified in the chart below. Lighting manufacturers will provide a guarantee that light levels will be sustained over the life of the warranty period. Lighting calculations shall be developed, and field measurements taken on the grid spacing with the minimum number of grid points specified below.
Manufacturers will provide lumen maintenance data of the LED luminaires used per TM-21-11 and will Incorporate the lumen maintenance projections into the lighting designs to ensure target light levels are achieved throughout the guaranteed period of the system. Per IES guidelines, lumen maintenance hours should be reported based on the 6x multiplier of testing hours.
Area of LightingAverage Target Illumination LevelsMaximum to Minimum Uniformity RatioGrid PointsGrid SpacingSkate Park253:120910'x10'
B. Color Temperature: The lighting system shall have a minimum color temperature of 5700K and a CRI of 75.
C.Playability: Lighting design and luminaire selection should be optimized for playability by reducing glare throughout the skate park.
1. Aiming Angles: To reduce glare, luminaire aiming should ensure the top of the luminaire field angle (based on sample photometric reports) is a minimum of 10 degrees below horizontal.
2. Glare Control Technology - Luminaires selected should have glare control technology including, but not limited to: external visors, internal shields and louvres. No symmetrical beam patterns are acceptable.
3. Mounting Heights: To ensure proper aiming angles, minimum mountings heights shall be as described below. Higher mounting heights may be necessary for luminaire with lesser glare control to meet field angle requirements of section 1.2.C.1.
# of PolesPole DesignationPole Height4P1-P450'
1.3 ENVIRONMENTAL LIGHT CONTROL
A.Light Control Luminaires: All luminaires shall utilize spill light and glare control devices including, but not limited to, internal shields, louvers, and external shields. No symmetrical beam patterns are accepted.
B. Spill Scans: Spill scans must be submitted indicating the amount of horizontal and vertical footcandles along the specified lines. Light levels shall be provided in 30-foot intervals along the boundary line at 3 ft above grade.
C.Sample Photometry: The first page of a photometric report for all luminaire types proposed showing horizontal and vertical axial candle power shall be provided to demonstrate the capability of achieving the specified performance. Reports shall be certified by a qualified testing laboratory with a minimum of five years experience or by a manufacturer's laboratory with a current accreditation under the National Voluntary Laboratory Accreditation Program for Energy Efficient Lighting Products. A summary of the horizontal and vertical aiming angles for each luminaire shall be included with the photometric report.
D.Field Verification: Lighting manufacturer shall supply field verification of environmental light control using a meter calibrated within the last 12 months.
1.4 COST OF OWNERSHIP
A.Manufacturer shall submit a 25 year Cost of Ownership summary that includes energy consumption, anticipated maintenance costs, and control costs. All costs associated with faulty luminaire replacement - equipment rentals, removal and installation labor, and shipping - are to be included in the maintenance costs.
PART 2 - PRODUCT
2.1 SPORTS LIGHTING SYSTEM CONSTRUCTION
A.Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire harnesses, drivers and other enclosures shall be factory assembled, aimed, wired and tested.
B.Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galvanized per ASTM A123. All exposed aluminum shall be powder coated with high performance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All exposed hardware and fasteners shall be stainless steel, passivated and coated with aluminum-based thermosetting epoxy resin for protection against corrosion and stress corrosion cracking.
Structural fasteners may be carbon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing), or ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within the cross-arms, pole, or electrical components enclosure.
C.System Description: Lighting system shall consist of the following:
1. Galvanized steel poles and cross-arm assembly. Alternate: Concrete pole with a minimum of 8,000 psi and installed with concrete backfill will be an acceptable alternative provided building code, wind speed and foundation designs per specifications are adhered to.
2. Non-approved pole technology:
a. Square static cast concrete poles will not be accepted. b. Direct bury steel poles which utilize the extended portion of the steel shaft for their foundation will not be accepted due to potential for internal and external corrosive reaction to the soils and long term performance concerns.
3. Lighting systems shall use concrete foundations. See Section 2.4 for details. a. For a foundation using a pre-stressed concrete base embedded in concrete backfill the concrete shall be air-entrained and have a minimum compressive design strength at 28 days of 3,000 PSI. 3,000 PSI concrete specified for early pole erection, actual required minimum allowable concrete strength is 1,000 PSI.
All piers and concrete backfill must bear on and against firm undisturbed soil. b. For anchor bolt foundations or foundations using a pre-stressed concrete base in a suspended pier or re-enforced pier design pole erection may occur after 7 days. Or after a concrete sample from the same batch achieves a certain strength.
4. Manufacturer will supply all drivers and supporting electrical equipment. a. Remote drivers and supporting electrical equipment shall be mounted approximately 10 feet above grade in aluminum enclosures. The enclosures shall be touch-safe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each luminaire. Disconnect per circuit for each pole structure will be located in the enclosure. Integral drivers are not allowed. b. Manufacturer shall provide surge protection at the pole equal to or greater than 40 kA for each line to ground (Common Mode) as recommended by IEEE C62.41.2_2002.
5. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation.
6. All luminaires, visors, and cross-arm assemblies shall withstand 150 mi/h winds and maintain luminaire aiming alignment. The luminaries shall be painted black.
7. Control cabinet to provide remote on-off control, monitoring, and entertainment features of the lighting system. See Section 2.3 for further details.
8. Contactor cabinet to provide on-off control.
9. Manufacturer shall provide lightning grounding as defined by NFPA 780 and be UL Listed per UL 96 and UL 96A.
a. Integrated grounding via concrete encased electrode grounding system. b. If grounding is not integrated into the structure, the manufacturer shall supply grounding electrodes, copper down conductors, and exothermic weld kits. Electrodes and conductors shall be sized as required by NFPA 780.The grounding electrode shall be minimum size of 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment. Grounding electrode shall be connected to the structure by a grounding electrode conductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height.
D.Safety: All system components shall be UL listed for the appropriate application.
2.2 ELECTRICAL
A.Electric Power Requirements for the Sports Lighting Equipment:
1. Electric power: 240 Volt, single Phase
2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage.
B.Energy Consumption: The kW consumption for the field lighting system shall be 6.48 kW.
2.3 CONTROL
A.Instant On/Off Capabilities: System shall provide for instant on/off of luminaires.
B.Lighting contactor cabinet(s) constructed of NEMA Type 4 aluminum, designed for easy installation with contactors, labeled to match field diagrams and electrical design. Manual off-on-auto selector switches shall be provided.
C.Contactor control of lights: To minimize wear on drivers and other electrical components and prevent lights from turning on due to communication loss, circuits must be controlled via contactor switching, not dimming driver output to zero.
D.Dimming: System shall provide for 3-stage, dimming (high-medium-low). Dimming will be set via scheduling options (Website, app, phone, email)
E.Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communication link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs.
The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields to only having permission to execute “early off” commands by phone. Scheduling tool shall be capable of setting curfew limits.
Controller shall accept and store 7-day schedules, be protected against memory loss during power outages, and shall reboot once power is regained and execute any commands that would have occurred during outage.
F. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The controller shall determine switch position (manual or auto) and contactor status (open or closed).
G.Management Tools: Manufacturer shall provide a web-based database and dashboard tool of actual field usage and provide reports by facility and user group. Dashboard shall also show current status of luminaire outages, control operation and service. Mobile application will be provided suitable for IOS and Android devices.
Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner.
1. Cumulative hours: shall be tracked to show the total hours used by the facility.
2. Report hours saved by using early off and push buttons by users.
H.Communication Costs: Manufacturer shall include communication costs for operating the control and monitoring system for a period of 25 years.
I. Communication with luminaire drivers: Control system shall interface with drivers in electrical components enclosures by means of powerline communication.
2.4 STRUCTURAL PARAMETERS
(Use for 2022 CBC)
A.Wind Loads: Wind loads shall be based on the 2022 California Building Code. Wind loads to be calculated using ASCE 7-16, a design wind speed of 110, exposure category C and wind importance factor of 1.0.
B.Pole Structural Design: The stress analysis and safety factor of the poles shall conform to AISC 360-16 Specification for Structural Steel Buildings.
C.Foundation Design: The foundation design shall be based on soil parameters as outlined in the geotechnical report. Inland Foundation Engineering, Inc, January 06, 2021.
D.Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. These drawings must be submitted at time of bid to allow for accurate pricing.
PART 3 - EXECUTION
3.1 SOIL QUALITY CONTROL
A.It shall be the Contractor's responsibility to notify the Owner if soil conditions exist other than those on which the foundation design is based, or if the soil cannot be readily excavated. Contractor may issue a change order request / estimate for the Owner's approval / payment for additional costs associated with:
1. Providing engineered foundation embedment design by a registered engineer in the State of California for soils other than specified soil conditions.
2. Additional materials required to achieve alternate foundation.
3. Excavation and removal of materials other than normal soils, such as rock, caliche, etc.
3.2 DELIVERY TIMING
A.Delivery Timing Equipment On-Site: The equipment must be on-site 10-14 weeks from receipt of approved submittals and receipt of complete order information.
3.3 FIELD QUALITY CONTROL
A.Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA RP-6-22.
B.Field Light Level Accountability
1. Light levels are guaranteed not to fall below the target maintained light levels for the entire warranty period of 25 years. These levels will be specifically stated as “guaranteed” on the illumination summary provided by the manufacturer.
2. The contractor/manufacturer will be held responsible for any and all changes needed to bring these fields back to compliance for light levels and uniformities. Contractor/Manufacturer will be held responsible for any damage to the fields during these repairs.
C.Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles, uniformity ratios, are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be required to make adjustments to meet specifications and satisfy Owner.
3.4 WARRANTY AND GUARANTEE
A.25-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 25 years from the date of shipment. Warranty shall guarantee specified light levels. Manufacturer shall maintain specifically funded financial reserves to assure fulfillment of the warranty for the full term. Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers.
B.Maintenance: Manufacturer shall monitor the performance of the lighting system, including on/off status, hours of usage and luminaire outage for 25 years from the date of equipment shipment. Parts and labor shall be covered such that individual luminaire outages will be repaired when the usage of any field is materially impacted. Manufacturer is responsible for removal and replacement of failed luminaires, including all parts, labor, shipping, and equipment rental associated with maintenance. Owner agrees to check fuses in the event of a luminaire outage.
PART 4 - DESIGN APPROVAL
4.1 -BID SUBMITTAL REQUIREMENTS (Non-Musco)
A.Design Approval: The owner / engineer will review pre-bid submittals per section 4.1.B from all the manufacturers to ensure compliance to the specification 10 days prior to bid. If the design meets the design requirements of the specifications, a letter and/or addendum will be issued to the manufacturer indicating approval for the specific design submitted.
B. Approved Product: Musco's Light-Structure System™ with TLC for LED® is the approved product. All substitutions must provide a complete submittal package for approval as outlined in Submittal Information at the end of this section at least 10 days prior to bid. Special manufacturing to meet the standards of this specification may be required. An addendum will be issued prior to bid listing any other approved lighting manufacturers and designs.
C.All listed manufacturers not pre-approved shall submit the information at the end of this section at least 10 days prior to bid. An addendum will be issued prior to bid; listing approved lighting manufacturers and the design method to be used.
D.Bidders are required to bid only products that have been approved by this specification or addendum by the owner or owner's representative. Bids received that do not utilize an approved system/design, will be rejected. 06/21/24
06/21/24
17.I
GIBBEL PARK ALL WHEEL SKATE PARK NEW SPORTS LIGHTING JCA 92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 3030
CITY OF HEMET
445 E. FLORIDA AVE
HEMET, CA.
92543
SPORTS POLE
STRUCTURAL
DRAWING
E-5.0
17.I
Page | 39
EXHIBIT G
CHANGE ORDER SAMPLE
17.I
Page | 40
EXHIBIT H
SOURCEWELL COOPERATIVE AGREEMENT
17.I
041123-MSL
Rev. 3/2022 1
Solicitation Number: RFP #041123
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology, Equipment, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 2
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 4
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 5
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 6
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 7
administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 8
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 9
promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 10
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
17.I
041123-MSL
Rev. 3/2022 11
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50