Benefits/ Scope of Work: Johnson Controls to perform the following:
1. Provide new Supervisory controller
2. Provide time to Build software database to match field equipment and provide Metasys user interface with spaces and equipment binding and MUI graphics.
Customer to provide mechanical drawings, asbuilts, etc).
3. Provide 14 FEC2621 and 2 IOM4711 controllers to Replace 16 existing legacy LON controllers.
4. Provide time to program and commission new FEC controllers to accommodate existing mechanical equipment ( Chillers, Boilers, AHU' s and VAV' s).
5. Provide time for electrician to install new communication wire ( 22 gauge 3 conductor twisted/ shielded/plenum rated BACnet compatible comm wire) to each new replaced controller.
6. Provide time to verify operation in Supervisory Controller.
7. Provide time for 4 hrs of limited end user training.
8. Reuse all existing conduit, wire, panels, and end devices. Assumes all existing equipment is in working condition.
9. Work is to be completed during regular business hrs.
Quote prepared by: Brian Skinner ( 951) 833- 8929
Quote is provided using Sourcewell 070121- JHN buying group.
Exclusions: 11abor or material not specifically described above is excluded from this proposal.
2. 1- Inless otherwise stated, any and all overtime labor is excluded from this proposal.
3. Applicable taxes or special freight charges are excluded from this proposal CONFIDENTIAL: For customer review. © 2024 Johnson Controls Johnson 6'
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17 CUSTOMER ACCEPTANCE:
In accepting this Ageur nt, Customer a7aes to the terns and canditons centaned herein including those on the folijmrg page( s) of this Arreercsnt and any attachments or riders attached hereto that contain Wi6onal terms and condtiorss. It is understood that these temps and conditions shall prevail over any variation in terms and oondibons on any purchase order or other domment that Customer may issue. Any changes requested by Customer alter the exacution of this Agreement shall be paid for by the Customer and suer charges shall ha authorized in withig. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY; INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT_
Total sell price is contingent upon the following billing and payment terms: For mast Agreements where the proposal amount exceeds $5,000 ( 1. 18D or CAD as applicable), Customer agrees to pay Johnson Cenfrois an upfront deposit of 30% or more due NET 30 km date of inwioe_ Alternatively, for Agnaments where the propaeal price exceeds 5,OCC Oustomer may pay Johnson Contras in full NET 10 from date of invoice in exchange for an immediate 2% dsoount on the total sale price. Johnson Controls is not required to oematence worst until any agreed to advance payments are received. If Customer is unwiing to agree to either option above for proposals exceeding 55,000 [ f presented), please advise your ichnson Controls rotative immediately and a new, repriced proposal! mill need to be issued to Customer. All invoices wT be delivered via email and pail v a ACHEFT bank transfer, pith payment due NET 30 (unless Customer has made full paymerrt NET 10 in exchange for a 2% discount). Johnson Controls' ACHWEFT bank transfer details will be forth naming upon contractual agreement.
This offer shall be void if not accepted in v+'riteng within thirty (30) days from the date first set forth above.
To ensure that Seller is compliantwfth your company' s billing requirements, please provide the folluMng information.
PO is required to facilitate billing: DNO: This signed contract satisfies requirement DYES: Please reference this PO Numbv:
AR Invoices are accepted via email: -. - 1 YES. E- mail address to be used:
E NO: Please submit invoices via mail 11 NO: Please submit via IMPORTANT): ' JCI" or ' Johnson Controls" shall mean Johnson Controls, Inc. for work performed in the U.S.A. and Johnson Controls Canada LP for work performed in Canada. These terms and conditions are an integral part of JCI's offer and form the basis of any agreement (the ' Agreement') resulting from JCI's proposal for the goods and/or services described. All work is to be performed Monday through Friday during normal JC/ business hours unless otherwise noted, and JCI is authorized to proceed with the work, subject, however, to credit approval by JCI.
Terms And Conditions
By accepting this proposal, Customer agrees to be bound by the following terms and conditions:
1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Plastering, patching, and painting are excluded. Disinfecting of chiller condenser and cooling tower water systems and components for biohazards, such as but not limited to Legionella, are excluded unless otherwise specifically stated in this Agreement. In -line duct and piping devices, including, but not limited to valves, dampers, humidifiers, wells, taps, flow meters, orifices, etc., if required hereunder to be furnished by JCI, shall be distributed and installed by others under JCI' s supervision but at no additional cost to JCI. Customer agrees to provide JCI with required field utilities ( electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. JCI agrees to keep the job site clean of debris arising out of its own operations. Customer shall not back charge JCI for any costs or expenses without JCI' s written consent. Unless specifically noted in the statement of the scope of work or services undertaken by JCI under this Agreement, JCI' s obligations under this Agreement expressly exclude any language or provision of the Agreement elsewhere contained which may authorize or empower the Customer to change, modify, or alter the scope of work or services to be performed by JCI and shall not operate to compel JCI to perform any work relating to Hazards or Biohazards, such as but not limited to Legionella, without JCI' s express written consent.
2. INVOICE AND PAYMENTS. JCI may invoice Customer monthly for all materials delivered to the job site or to an off -site storage facility and for all work performed on -site and off -site. As set forth in JCI' s proposal, Customer shall pay JCI an advance payment which shall be credited against the final payment ( but not any progress payment) due hereunder. Unless otherwise agreed to by the parties in writing, payments are due within ( 30) days of invoice. Such payment is a condition precedent to JCI's obligation to perform any work under this Agreement. Invoices shall be paid by Customer via electronic delivery via EFT/ACH. If JCI consents to payment by credit card in lieu of EFT/ACH, JCI may charge additional fees. Invoicing disputes must be identified by Customer in writing within 21 days of the date of the invoice. Payment of any disputed amounts are due and payable upon resolution of such dispute. Customer acknowledges and agrees that timely payments of the full amounts listed on invoices is an essential term of this Agreement and Customer' s failure to make payment in full when due is a material breach of this Agreement. Customer further acknowledges that if there is any amount outstanding on an invoice; it is material to JCI and will give JCI, without prejudice to any other right or remedy, the right to, without notice: ( i) suspend, discontinue or terminate performing any services and/ or withhold further deliveries of equipment and other materials, terminate or suspend any unpaid software licenses, and/ or suspend JCI' s obligations under or terminate this Agreement; and ( ii) charge Customer interest on the amounts unpaid at a rate equal to the lesser of one and one half ( 1. 5) percent per month or the maximum rate permitted under applicable law, until payment is made in full. JCI' s election to continue providing future services does not, in any way diminish JCI' s right to terminate or suspend services or exercise any or all rights or remedies under this Agreement. JCI shall not be liable for any damages, claims, expenses, or liabilities arising from or relating to suspension of services for non- payment. In the event that there are exigent circumstances requiring services or the JCI otherwise performs services at the premises following suspension, those services shall be governed by the terms of this Agreement unless a separate contract is executed. If Customer disputes any late payment notice or JCI' s efforts to collect payment. Customer shall immediately notify JCI in writing and explain the basis of the dispute. Customer will pay all of JCI' s reasonable collection costs ( including legal fees and expenses). In the event of Customer' s default, the balance of any outstanding amounts will be CONFIDENTIAL: For customer review. © 2024 Johnson Controls Johnson 061
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immediately due and payable. Lien waivers will be furnished upon request, as the work progresses, to the extent payments are received.
3. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of JCI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, JCI shall ( a) be excused from furnishing said materials or equipment, and ( b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefore.
4. EQUIPMENT WARRANTY. JCI warrants that equipment manufactured or labeled by JCI shall be free from defects in material and workmanship arising from normal usage for a period of one year. No warranty is provided for third -party products and equipment installed or furnished by JCI. Such products and equipment are provided with the third party manufacturer' s warranty to the extent available, and JCI will transfer the benefits, together with all limitations, of that manufacturer' s warranty to Customer. All transportation charges incurred in connection with the warranty for equipment and/ or materials not installed by JCI shall be borne by Customer. These warranties shall not extend to any equipment that has been abused, altered, misused or repaired by Customer or third parties without the supervision of and prior written approval of JCI, or if JCI serial numbers or warranty date decals have been removed or altered. Customer must promptly report any failure of the equipment to JCI in writing. Unless agreed to in writing by the parties, any technical support, assistance, or advice (" Technical Support") provided by JCI, such as suggestions as to design use and suitability of the equipment and products for the Customer' s application, is provided in good faith, but Customer acknowledges and agrees that JCI is not the designer, engineer, or installer of record. Any Technical Support is provided for informational purposes only and shall not be construed as a representation or warranty, express or implied, concerning the proper selection, use, and/ or application of the equipment and products.
Customer assumes exclusive responsibility for determining if the equipment and products supplied by JCI are suitable for its intended application and all risk and liability, whether based in contract, tort or otherwise, in connection with its application and use of the equipment and products.
5. LIMITED WARRANTY. JCI warrants its workmanship or that of its agents ( Technicians) in relation to installation of equipment for a period of ninety ( 90) days from date of installation. Customer shall bear all labor costs associated with replacement of failed equipment still under JCI' s equipment warranty or the original manufacturer' s warranty, but outside the terms of this express labor warranty. All warranty labor shall be executed on normal business days during JCI normal business hours. These warranties do not extend to any equipment which has been repaired by others, abused, altered, or misused in any way, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. UNDER NO CIRCUMSTANCES SHALL JCI BE LIABLE FOR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO ANY DEFECT IN MATERIAL OR WORKMANSHIP OF EQUIPMENT OR THE PERFORMANCE OF SERVICES. JCI makes no and specifically disclaims all representations or warranties that the services, products, software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detect the presence of, or eliminate, treat, or mitigate the spread, transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19.
6. LIABILITY. To the maximum extent permitted by law, in no event shall JCI and its affiliates and their respective personnel, suppliers and vendors ("JCI Parties") be liable to you or any third party under any cause of action or theory of liability even if advised of the possibility of such damages, for any: ( a) special, incidental, consequential, punitive, or indirect damages; ( b) lost profits, revenues, data, customer opportunities, business, anticipated savings, or goodwill; ( c) business interruption; or ( d) data loss or other losses arising from viruses, ransomware, cyber- attacks or failures or interruptions to network systems. In any case, the entire aggregate liability of the JCI Parties under this proposal for all damages, losses, and causes of action ( whether in contract, tort ( including negligence), or otherwise) shall be limited to the amounts payable to JCI hereunder.
7. FAR. JCI supplies " commercial items" within the meaning of the Federal Acquisition Regulations ( FAR), 48 CFR Parts 1- 53. As to any customer order for a U. S.
Government contract, JCI will comply only with those mandatory flow -downs for commercial item and commercial services subcontracts listed either at FAR
52. 244-6, or 52.212-5(e)( 1), as applicable.
8. TAXES. The price of this proposal does not include duties, sales, use, excise, or other taxes, unless required by federal, state, or local law. Customer shall pay, in addition to the stated price, all taxes not legally required to be paid by JCI or, alternatively, shall provide JCI with acceptable tax exemption certificates. JCI shall provide Customer with any tax payment certificate upon request and after completion and acceptance of the work.
9. DELAYS. JCI shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstance beyond JCI' s control, including but not limited to; acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Customer, Owner, or other Contractors or delays caused by suppliers or subcontractors of JCI, etc.
10. COMPLIANCE WITH LAWS. JCI shall comply with all applicable federal, state, and local laws and regulations, and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits a permanent nature shall be procured and paid for by the Customer.
11. PRICING. JCI may increase prices upon notice to the Customer to reflect increases in material and labor costs. Prices for products covered by this Agreement may be adjusted by JCI, upon notice to Customer at any time prior to shipment and regardless of Customer's acceptance of JCI' s proposal or quotation, to reflect any increase in JCI' s cost of raw materials ( e. g., steel, aluminum) inability to secure Products, changes or increases in law, labor, taxes, duties, tariffs or quotas, acts of government, any similar charges, or to cover any extra, unforeseen and unusual cost elements. This Agreement is entered into with the understanding that the services to be provided by JCI are not subject to any local, state, or federal prevailing wage statute. If it is later determined that local, state, or federal prevailing wage rates apply to the services to be provided by JCI, JCI reserves the right to issue a modification or change order to adjust the wage rates to the required prevailing wage rate. Customer agrees to pay for the applicable prevailing wage rates.
12. DISPUTES. JCI shall have the sole and exclusive right to determine whether any dispute, controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be submitted to a court of law or arbitrated. For Customers located in the United States, the laws of Delaware shall govern the validity, enforceability, and interpretation of this Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Milwaukee, Wisconsin. For Customers located in Canada, the laws of Ontario shall govern the validity, enforceability, and interpretation of this Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Ontario, Canada. The parties waive any objection to the exclusive jurisdiction of the specified forums, including any objection based on forum non conveniens. In the event the matter is submitted to a court, JCI and Customer hereby agree to waive their right to trial by jury. In the event the matter is submitted to arbitration by JCI, the costs of arbitration shall be borne equally by the parties, and the arbitrator's award may be confirmed and reduced to judgment in any court of competent jurisdiction. If JCI prevails in any collection action. Buyer will pay all of JCI' s reasonable collection costs ( including legal fees and expenses). Except as provided below, no claim or cause of action, whether known or unknown, shall be brought by either party against the other more than one year after the claim first arose. Claims not subject to the one- year limitation include claims for unpaid: ( 1) contract amounts, ( 2) change order amounts ( approved or requested) and ( 3) delays and/ or work inefficiencies.
13. INSURANCE. Insurance coverage in excess of JCI' s standard limits will be furnished when requested and required. No credit will be given or premium paid by JCI for insurance afforded by others.
14. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorney' s fees CONFIDENTIAL: For customer review. © 2024 Johnson Controls Johnson 61
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which may arise in connection with the execution of the work herein specified and which are caused, by the negligent act or omission of the indemnifying Party
15. CUSTOMER RESPONSIBILITIES. Customer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (" Network") and shall supply JCI secure Network access for providing its services. Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Customer and/ or end user against unauthorized access. Customer is responsible to take appropriate measures, including performing back- ups, to protect information, including without limit data, software, or files ( collectively " Data") prior to receiving the service or products.
16. FORCE MAJUERE: JCI shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A " Force Majeure Event" is a condition or event that is beyond the reasonable control of JCI, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather ( including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority ( including change of any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/ or responses thereto, condemnation, strikes, lock - outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict ( or the serious threat of same), acts of terrorism, electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyberattacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation, or any other cause or casualty beyond the reasonable control of JCI.
If JCI' s performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, JCI will be entitled to extend the relevant completion date by the amount of time that JCI was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. To the extent that the Force Majeure Event directly or indirectly increases JCI' s cost to perform the services, Customer is obligated to reimburse JCI for such increased costs, including, without limitation, costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees, compliance with vaccination requirements or other costs and expenses incurred by JCI in connection with the Force Majeure Event.
17. SAFETY, HEALTH AND HAZARDOUS MATERIALS. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of the, Occupational Safety and Health Act or similar Canadian laws relating in any way to the project or project site. ACM / Hazardous Materials: Customer shall supply JCI with any information in its possession relating to the presence of asbestos -containing materials (" ACM") or hazardous materials at any of its facilities where JCI' s undertakes any Work or Services that may result in the disturbance of ACM or hazardous materials. JCI shall not be responsible for abatement and/ or removal and disposal of hazardous materials or ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM or hazardous materials that may be disturbed by JCI's Work or Services, JCI shall immediately stop all work until such ACM or hazardous or unsafe condition is rectified by Owner and Owner so notifies JCI in writing that work can safely be resumed, based on test conducted by a licensed testing organization. Timetables for delivery of JCI' s products or services and the contract price shall be adjusted appropriately for any associated delay.
18. ONE- YEAR CLAIMS LIMITATION. No claim or cause of action, whether known or unknown, shall be brought against JCI more than one year after the claim first arose. Except as provided for herein, JCI' s claims must also be brought within one year. Claims for unpaid contract amounts are not subject to the one- year limitation.
19. DIGITAL ENABLED SERVICES.; DATA. If JCI provides Digital Enabled Services under this Agreement, these Digital Enabled Services require the collection, transfer and ingestion of building, equipment, system time series, and other data to JCI's cloud -hosted software applications. Customer consents to and grants JCI right to collect, ingest and use such data to enable JCI and its affiliates and agents to provide, maintain, protect, develop and improve the Digital Enabled Services and JCI products and services. Customer acknowledges that, while Digital Enabled Services generally improve equipment performance and services, Digital Enabled Services do not prevent all potential malfunction, insure against all loss, or guarantee a certain level of performance. Customer shall be solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (" Network"), shall appropriately protect hardware and products connected to the Network and will supply JCI secure Network access for providing its Digital Enabled Services. As used herein, " Digital Enabled Services" mean services provided hereunder that employ JCI software and related equipment installed at Customer facilities and JCI cloud -hosted software offerings and tools to improve, develop, and enable such services. Digital Enabled Service may include, but are not limited to, ( a) remote servicing and inspection, b) advanced equipment fault detection and diagnostics, and ( c) data dashboarding and health reporting. If Customer accesses and uses Software that is used to provide the Digital Enabled Services, the Software Terms ( defined below) will govern such access and use.
20. JCI DIGTAL SOLUTIONS. Use, implementation, and deployment of the software and hosted software products (" Software") offered under these terms shall be subject to, and governed by, JCI' s standard terms for such Software and Software related professional services in effect from time to time at www. iohnsoncontrols. com/ techterms ( collectively, the " Software Terms"). Specifically, the JCI General EULA set forth at www,johnsoncontrols, com/ buildings/ legal/digital/ generaleula governs access to and use of software installed on Customer's premises or systems and the JCI Terms of Service set forth at www. lohnsoncontrols com/ building / I
egal/digital/generaltos govern access to and use of hosted software products. The applicable Software Terms are incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and interest ( including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto.
Notwithstanding any other provisions of this Agreement, unless otherwise agreed, the following terms apply to Software that is provided to Customer on a subscription basis ( i. e., a time limited license or use right), ( each a " Software Subscription"): Each Software Subscription provided hereunder will commence on the date the initial credentials for the Software are made available ( the " Subscription Start Date") and will continue in effect until the expiration of the subscription term noted in the applicable statement of work, order or other applicable ordering document . At the expiration of the Software Subscription, such Software Subscription will automatically renew for consecutive one ( 1) year terms ( each a " Renewal Subscription Term"), unless either party provides the other party with a notice of non -renewal at least ninety ( 90) days prior to the expiration of the then -current term. To the extent permitted by applicable law, Software Subscriptions purchases are non -cancelable, and the sums paid nonrefundable. Fees for Software Subscriptions shall be paid annually in advance, invoiced on the Subscription Start Date and each subsequent anniversary thereof. Customer shall pay all invoiced amounts within thirty calendar days after the date of invoice. Payments not made within such time period shall be subject to late charges as set forth in the Software Terms. Unless otherwise agreed by the parties in writing, the subscription fee for each Renewal Subscription Term will be priced at JCI' s then -applicable list price for that Software offering. Any use of Software that exceeds the scope, metrics or volume set forth in this Agreement and applicable SOW will be subject to additional fees based on the date such excess use began.
21. Privacy. JCI as Processor. Where JCI factually acts as Processor of Personal Data on behalf of Customer ( as such terms are defined in the DPA) the terms at www.'ohnsoncontrols.com/dpa (" DPA") shall apply. JCI as Controller JCI will collect, process and transfer certain personal data of Customer and its personnel related to the business relationship between it and Customer ( for example names, email addresses, telephone numbers) as controller and in accordance with JCI' s Privacy Notice at httl27//r.'"'. s w' ohnsoncontrols. com/ ri a v. Customer acknowledges JCI's Privacy Notice and strictly tothe extent consent is mandatorily required under applicable law, Customer consents tosuch collection, processing and transfer. To the extent consent tosuch collection, processing CONFIDENTIAL:
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and transfer by JCI is mandatorily required from Customer's personnel under applicable law, Customer warrants and represents that it has obtained such consent
22. ASSIGNMENT. This Agreement is not assignable by the Customer except upon written consent of JCI first being obtained. JCI shall have the right to assign this Agreement, in whole or in part, or to subcontract any of its obligations under this Agreement without notice to Customer.
23. TERMINATION. If JCI' s performance of its obligations becomes impracticable due to obsolescence or unavailability of systems, equipment, or products including component parts and/ or materials) or because the JCI or its supplier( s) has discontinued the manufacture or the sale of the equipment and/ or products or is no longer in the business of providing the services, JCI may terminate this Agreement, or the affected portions, at its sole discretion upon notice to Customer.
JCI may terminate this Agreement, or the affected portions, at its sole discretion upon notice to the Customer if JCI' s performance of its obligations are prohibited because of changes in applicable laws, regulations or codes.
24. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. Customer acknowledges and agrees that any purchase order issued by Customer in connection with this Agreement is intended only to establish payment authority for Customer' s internal accounting purposes and shall not be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement. No term or condition included or referenced in Customer' s purchase order will have any force or effect and these terms and conditions shall control. Customer's acceptance of any Services shall constitute an acceptance of these terms and conditions. Any proposal for additional or different terms, whether in Customer' s purchase order or any other document, unless expressly accepted in writing by JCI, is hereby objected to and rejected.
25. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon JCI unless accepted by JCI in writing CONFIDENTIAL: For customer review. © 2024 Johnson Controls Johnson Ot
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STAFF REPORT
TO THE CITY COUNCIL
DATE: January 28, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran, Public Works Director/ City Engineer PREPARED BY: Melissa Morgan, Public Services Managers - - SUBJECT: Preparation of Annual Engineer' s Reports for 2025/ 2026 Assessments SB 1439 Campaign Contributions and Conflicts of Interest - Government Code Section 84308 is applicable)
RECOMMENDATION: Staff recommends the City Council:
1) Adopt Resolution No. 2025- _ ordering the preparation of an Engineer' s Report for Consolidated Landscape and Lighting District No. 96- 1; and
2) Adopt Resolution No. 2025-_ ordering the preparation of an Engineer' s Report for Street and Drainage Maintenance District 96- 1.
FISCAL IMPACT: The fee quoted by Harris & Associates for the preparation of an annual report and an assessment roll for both districts is $ 15,200. 00. In addition, each new zone added is charged $500 for the annexation process. The amount includes an approximate 4% increase from last year' s proposal. The City will be reimbursed through assessments of the benefitting properties within the district.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City's website.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Clerk ager
1 Staff Report to the City Council
Preparation of Annual Engineer' s Reports for 2025/ 2026 Assessments January 28, 2025
Page Two
BACKGROUND: The Landscaping and Lighting Act of 1972 requires that an Engineer' s Report be prepared if the City intends to levy assessment within a district, regardless whether the proposed amount of assessment is different from that of the current assessment. The Act requires that the report include items such as a description of the properties proposed to be assessed, the types of maintenance or construction activities that are anticipated, an estimate of the costs to be incurred on behalf of the district, and the method for assessing the benefitting properties.
Furthermore, Proposition 218 approved by voters on November 5, 1996, specifically requires that the annual report be prepared by a registered civil engineer, that public agency parcels cannot be exempted from assessment, and that the report must distinguish between general benefit and special benefit, and only assess for special benefit.
The fee will be allocated to the various districts, based on the assessment amount, as follows:
Consolidated Landscape and Lighting District 96- 1
Street Lighting
Landscaping
Trail
Park
Sub -Total:
Street and Drainage Maintenance District 96- 1
Total:
Attachment: Resolutions
7, 350
4, 000
725
725
12, 800
2 400
15,200
2 RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
COUNTY OF SAN BERNARDINO, CALIFORNIA
ORDERING THE PREPARATION OF ENGINEER' S REPORT
FOR CONSOLIDATED LANDSCAPE & LIGHTING DISTRICT NO. 96- 1 FOR FISCAL YEAR 2025/ 2026
WHEREAS, the City Council of the City of Highland, County of San Bernardino, California, has heretofore determined that the public interest, convenience and necessity required the installation, operation and maintenance of public street lights, landscape and irrigation facilities, community trails and public parks as set forth in Section 22525 of the Streets and Highways Code, State of California, and WHEREAS, Section 22625 requires that an Engineer' s Report be prepared for the assessment district and filed annually, outlining the assessments to be levied against the benefitting properties within the assessment district; and WHEREAS, the City Council desires to appoint Harris & Associates as the " Engineer of Work" for the Consolidated Landscaping & Lighting District No. 96- 1; and NOW, THEREFORE, be it resolved by the City Council of the City of Highland that the Engineer of Work is ordered to prepare the annual report for fiscal year 2025/ 2026 in accordance with Article 4, Division 15, of the Streets and Highways Code, " Landscaping and Lighting Act of 1972" of the State of California.
APPROVED AND ADOPTED this 28t" day of January 2025.
Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
City Clerk
3 RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
COUNTY OF SAN BERNARDINO, CALIFORNIA
ORDERING THE PREPARATION OF AN ENGINEER' S REPORT FOR
STREET AND DRAINAGE MAINTENANCE DISTRICT 96- 1
FOR FISCAL YEAR 2025/ 2026
WHEREAS, the City Council of the City of Highland, County of San Bernardino, California, has heretofore determined that the public interest, convenience and necessity required the operation and maintenance of certain streets as set forth in Section 54703 et seq of the government code, State of California known as the " Benefit Assessment Act of 1982" ( the "Act"); and
WHEREAS, Section 54716 of the Act requires that a report be prepared and filed, outlining the assessments to be levied against the benefitting properties within the assessment district, and
WHEREAS, the City Council desires to appoint Harris & Associates as the " Engineer of Work" for the Street and Drainage Maintenance District 96- 1; and NOW, THEREFORE, be it resolved by the City Council of the City of Highland that the Engineer of Work is ordered to prepare the annual report for fiscal year 2025/ 2026 for the proposed assessment district in accordance with Section 54716 of the Act.
APPROVED AND ADOPTED this 28th day of January 2025
Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
City Clerk
4 STAFF REPORT
TO THE CITY COUNCIL
DATE: January 28, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director PREPARED BY: Travis Trejo, Assistant Planne*
SUBJECT: 29' Annual Highland Community Trails Day Event RECOMMENDATION: The Community Trails Committee ( CTC) recommends the City Council approve Saturday, June 7th, 2025, as the date for the 29th Annual Highland Community Trails Day Event.
FISCAL IMPACT: The Community Trails Committee has an approved Budget of 1, 200.00 to sponsor this year's Event. The funds come from the City' s 2024/2025 Fiscal Year Planning Division Budget for Community Events.
PUBLIC NOTICE: As required by City Council Resolution, notice of the Agenda was posted at the City' s designated posting locations and the Agenda was also posted on the City' s website. No further notice is required.
BACKGROUND/ ANALYSIS: The Trails Day Event is used annually to promote the establishment and use of Highland' s growing trail system. The CTC recommends the date June 7th, 2025, to coincide with National Trails Day and to give staff sufficient time to prepare for the event, send out letters to sponsors, and get the word out to the community and local schools. The location for the event has not yet been determined.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
City Clerk
Second Agenda Item No.
File No.
Manager
1 STAFF REPORT
TO THE CITY COUNCIL
DATE: January 28, 2025
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/City Engineer c' D PREPARED BY: Sonja Flynn, Engineering Technician II
SUBJECT: Construction and Construction Management Services Contract Award — Highland Regional Connector Project ( Project No. str22002) RECOMMENDATION: It is recommended that the City Council:
Award the construction contract for Bid No. 2024-03, Highland Regional Connector Project to the responsible low bidder, Matich Corporation, in the amount of 792, 659. 22;
2. Approve the proposal from Willdan Engineering to provide construction management and inspection services (CM Services) in the amount of $88, 500. 00;
3. Authorize the City Manager to approve amendments to the Willdan Engineering task order up to 10% of the proposal amount; and
4. Approve a budget adjustment in the amount of $ 80, 275 from the Measure I Unreserved/ Undesignated fund balance ( 017- 2100) to be expended from Measure I Traffic Improvements ( 017- 8350- 6550)
FISCAL IMPACT: This project is included in the City' s adopted Capital Improvement Program CIP) FY 2022/ 2023- 2026/ 2027 and has an approved budget of $958, 000, including $ 256, 000 in Measure I and $ 702,000 in Federal Carbon Reduction Program grant funds. The total fee for construction management and the construction contract, including a 10% contingency is 969, 275. There is insufficient funding in the approved budget to cover construction costs and staff is recommending using up to $ 80, 275 in unallocated Measure I funds to complete the project.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City Cl
1 nager
Project costs are as follows:
Design: $ 69, 000
Construction Management: $ 88, 500
Construction Contract: $ 792, 659
Contingencies ( 10%): 88 116
Total: $ 1, 038, 275
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
BACKGROUND: The Project will rehabilitate pavement on various streets, upgrade curb ramps, install bicycle markings and signage to provide pedestrian and bicycle connectivity to Arroyo Verde Elementary School, Highland Grove Elementary School, and Beattie Middle School. Street Segments include:
Orange Street from Greenspot Road to Tonner Drive
Tonner Drive from Orange Street to Glenheather Drive
Streater Drive/Glenheather Drive/ Love Street from Base Line to Church Street Love Street from Church Street to east end of cul- de- sac The City received a Federal Carbon Reduction Program Grant in the amount of $ 702, 000 which covers 88% of construction and construction engineering costs for the Project. The local match and remaining project costs will be covered using Measure I Funds.
The Project was originally part of a joint project between the Cities of Highland and Redlands known as the " Highland/ Redlands Regional Connector Project."Due to environmental constraints, it was split up into three separate projects. Highland is delivering the northerly phase, Redlands is delivering a southern phase and both agencies have partnered with the San Bernardino County Transportation Authority to deliverthe middle gap segment. The City of Redlands construction contract is scheduled for award by their City Council on February 4cn 2025.
The project design was completed by KOA Corporation under a professional services agreement. Upon completion and approval of project plans and specifications, staff advertised the project following formal bidding procedures on December 10, 2024.
The Project includes a base bid schedule incorporating key project elements and two bid alternates which were expected to be costly items. Bid alternates provide flexibility by avoiding committing to a scope before understanding the cost. Bid alternate "Schedule A" includes the substitution of painted striping for thermoplastic striping, which is brighter and lasts longer. Bid alternate " Schedule B" includes the replacement of the existing in -road crosswalk lights at the intersection of Streater Drive and Canyon Oak Drive.
Construction Contract
Five ( 5) bids were received and opened on January 7, 2025 with the following results adjusted for math errors:
2 COMPANY NAME BASE BID SCHEDULE SCHEDULE TOTAL BID
A_ B
1. Matich Corporation 762, 707. 71 29, 951. 51 34, 600. 00 827, 291. 00
2. Hardy & Harper, Inc. 845, 930. 25 29, 069. 75 13, 000. 00 888, 000. 00
3. All American Asphalt 853, 726. 85 30, 682. 70 14,000. 00 898, 409. 55
4. Onyx Paving Company, Inc. 882, 000. 00 29, 000. 00 52, 000. 00 963, 000. 00
5. The R. J. Noble Company 918, 933. 25 29, 069. 75 33, 000. 00 981, 003. 00 All bids were reviewed for accuracy and staff corrected a math error on schedule A of Matich Corporation' s bid. After review, the lowest responsible bid was received from Matich Corporation, of San Bernardino in the amount of $762, 707. 71. The engineer' s estimate for this project is $ 800, 000.
A recent reference check has also confirmed that this contractor possesses the qualifications and experience necessary to perform the contract scope of work.
Due to the bids received being higher than the engineer' s estimate, staff is recommending the City Council award the project to the lowest bidder, Matich Corporation and include Schedule " A" for a total contract amount of $ 792, 659.22. Schedule " B" is not recommended to be included in the contract because the City' s on -call traffic signal maintenance contractor will be able to repair/replace the crosswalk lighting at a lower cost.
Construction Management Services Contract
With this project proceeding to the construction phase, staff requested a proposal from Willdan Engineering to provide construction management and inspection services. The proposals were reviewed by City staff. Willdan has an ongoing contract with the City and has provided these same services for numerous projects using an experienced team that is familiar with federally funded projects. Staff reviewed and negotiated the proposed fee of $88, 500. 00, which is about 11 % of the construction contract. This fee is reasonable for this type and size of the project. Staff recommends City Council' s approval of Willdan proposal to provide construction management and inspection services.
The project was evaluated in accordance with the California Environmental Quality Act ( CEQA) and is categorically exempt under section 15301.
Attachments: Project Location Map
Willdan Engineering Construction Management Services Proposal 3 N/7ENSTA' R
210
5th St
Project Location Map
Base Line
L
rt
L
o
Tanner Dr Love St
Eucalyptus Ave GMenheather Dr
Oi .
cfl
Greenspot Rd ( 0
4 W"WILLDAN
Cover Letter
January 16, 2025
Octavio Duran Jr., PE Public Works Director/ City Engineer City of Highland
27215 Base Line, Highland, CA 92346
Subject: Proposal for Construction Management, Inspection, Material Testing and Labor Compliance Services for the Highland Regional Connector Project, City Project No. STR22002, Federal Project No. CRPL-5449 (042) Dear Mr. Duran:
Willdan Engineering ( Willdan) is especially qualified to provide construction management, construction inspection, material testing and labor compliance services for the City' s Highland regional Connector Project. Our firm has 60 years of experience providing similar services to client cities and districts throughout California.
Our staff is exceptionally qualified and experienced in providing professional construction management, construction inspection, material testing and labor compliance services for large public works infrastructure improvement projects. Our construction management staff will be assisted by our seasoned inspectors, labor compliance manager and material testing technician staff members. We are well suited to partner with the City of Highland to achieve a fast -track approach for the City' s capital improvement projects. The following are just a few advantages Willdan brings to the City:
Highly Skilled Construction Manager. Our proposed Public Works construction manager, Joseph Putrino, has 35 years of experience in Public Works, with strong leadership qualities Mr. Joe Putrino has and the ability to manage projects successfully. He possesses exceptional decision -making provided construction capabilities and is meticulous in ensuring project specifications are compliant with contracts and management for several requirements. Mr. Putrino will be asssisted in the monitoring of the project by our proposed public recent ADA and street works inspector, Mr. Justin Parent. Mr. Parent has over 10 years of inspection experience and will improvement projects. provide the services listed in the public works inspection scope of work included in our proposal.
Staffing Resources. Our in- house staffing resource bench of licensed and technical Willdan can provide all experts includes specialists in construction management and construction inspection the requested services of asphalt overlays, ADA improvements, street beautifications, public outreach, labor for the City of Highland compliance, drainage and flood control, utility coordination, geotechnical engineering and material in- house without the testing/inspection, and construction staff augmentation. We have assembled a team of need for professionals who are committed to providing the City with top- quality service. subconsu/ tants.
Large Company with Boutique Company Approach. We have the resources of a large We have worked with company but are staffed by individuals who respect our clients' unique needs. Every Willdan nearly 90% of California employee — including those working at City offices — seeks to understand each City's goals, cities and counties to policies, and practices based upon what is written in their general plans and development codes deliver 13, 000+ projects, and how those goals and policies have been applied over time. This approach has contributed to serving over 3,400 Willdan' s success. clients.
Mr. Chris Baca, RCI, CESSWI, our proposed Project Manager, is authorized to bind the firm to this proposal, any further proposed agreements, and will be the City' s main point of contact. He can be contacted at the following:
Mr. Chris Baca, RCI, CESSWI 113191 Crossroads Parkway North, Suite 405, Industry, CA 91746 310) 502- 6335 1 * ( 562) 695- 2120 1 0 cbaca(cDwilldan. com We are confident that our construction engineering services, coupled with our recent City of Los Highland experience, provide the best advantage for the City as you take on these important projects.
Respectfully submitted,
WILLDAN ENGINEERING
hris Baca, RCI, CESSWI
Director of Construction Management and Inspection Services 910005\ WW. 00. 401P25- 012 27035R1
Engineering and Planning I Energy Efficiency and Sustainability I Financial and Economic Consulting I National Preparedness and Interoperability 562. 908. 6200 1 800. 499. 4484 1 fax: 562. 695. 2120 1 13191 Crossroads Parkway 5 North, Suite 405, Industry, California 91746- 3443 1 www. willdan. com Willdan Qualifications
Project Team
Although overall firm credentials and experience are
important, the key to success on any assignment is the
caliber and depth of experience and the overall
professionalism of the individuals assigned to the
project team.
A successful partnership requires technical expertise
and effective coordination with City staff to ensure the services provided meet the expectations of the City.
Joe Putrino will provide Construction Management
services to the City of Highland. We have included
a copy of his resume at the end of this proposal.
Willdan Team Advantages
1. Delivers the combination of experienced, hands- on skills and perspective that ensures the City receives high -quality service at reasonable and competitive cost
2. Assures that, in hiring Willdan, clients benefit from the expertise, experience, and professionalism needed to deliver successfully constructed projects on time and within budget
3. Offers high -caliber staff through training and annual performance assessments
Willdan understands that key personnel assigned on
projects shall not be reassigned without prior written approval from the City.
Construction Management and Inspection Approach and Scope of Work Willdan provides expertise in all areas of construction management, inspection, labor compliance, material testing, and community relations with residents and businesses affected by construction. Our experienced team members serve as construction managers, resident engineers, and inspectors and provide significant insight for identifying and correcting discrepancies, ambiguities, omissions, or conflicts in contract documents that could generate misinterpretation and/ or disagreements between the City and the contractor.
Willdan has experience in managing projects that span arterial street improvements, pavement rehabilitation, ADA improvements, tenant improvements, traffic signal modifications, drainage, sewer, water, landscaping and other appurtenant work. Willdan' s construction services personnel have experience in best practices to avoid potential conflicts and avoid or mitigate any hazards during construction. Our goal is to anticipate or diminish potential problems before they arise through continual review of project plans, specifications, contractor' s schedule, and other contract documents. Below is a basic overview of the Construction Management and Inspection process for a typical construction project.
Assist the Client Prepare Conduct
Start of Constructability with Public Construction Pre - Construction Project Review Awareness File Meeting
2.1 Log, Track,
and Process
Conduct Weekly
Meetings and
Routinely Review
Construction
Project
Closeout
Deliver all
Construction
Construction
Documentation
Provide Weekly
Reports to Client
Files to Ensure
Conformance to
Files and
Supplies to Client
Client Standards
Highland Regional Connector Project
AVVCOMPREHENSIVE.
INNOVATIVE. 2
TRUSTED.
6 Methodology
Project Understanding
Willdan understands the City of Highland requires the services of a qualified construction engineering consultant to provide construction management, construction inspection, material testing and labor compliance services for an anticipated 60 working day construction duration. The scope of work includes Class II and Class III bicycle lanes, removal of asphalt concrete pavement, signage, striping, PCC curbs, gutters, slurry seal, ADA accessible curb ramps and asphalt concrete pavement.
Project Approach
Willdan provides expertise in all areas of construction management, inspection, labor compliance, and community relations to residents and businesses affected by construction. Our experienced team members serve as construction managers, resident engineers, and inspectors and provide significant insight for identifying and correcting discrepancies, ambiguities, omissions, or conflicts in contract documents that could generate misinterpretation and/ or disagreements between the City and the contractor. Our goal is to anticipate or diminish potential problems before they arise through continual review of project plans, specifications, contractor's schedule, and other contract documents.
Our team is adept at:
Anticipating job site problems and dealing with issues in a professional, straightforward fashion Review Project plans and provide independent review of the proposed quantities and immediately bring discrepancies to the City' s attention.
Calling job site problems to the project manager's and/or contractor's attention Offering constructive recommendations and achieving cooperation from the Basic Principles to Project contractor Approach
Addressing concerns of the public
Our approach to issue resolution is to:
Obtain and document the facts surrounding the issueConduct Develop reasonable solutions in conjunction with the contractor and City projectt. manager standards
Respond quickly and effectively so that job progress and quality do not suffer Through close communication with the City's project staff, timely corrective action is taken to alleviate potential adverse impacts of work progress, costly change orders, intain highstandards
and construction claims... 1 . 7
ality
Goals
Willdan has had two primary objectives since our inception in 1964: . r Ensuring the success of our clients
Enhancing their communities
Working steadily toward these goals we gained a notable reputation for project understanding, technical excellence, cost effectiveness, and client responsiveness. It is these attributes that our construction management and inspection team bring to each project. To these goals, we add individual project -oriented goals that include:
Continuous communication with City staff, contractor, and design team Impeccable recordkeeping and reporting
Rigorous budget control — minimizing change orders and applying value engineering where applicable.
Comprehensive schedule control — keeping the project moving while resolving design, contractor, or other project - related challenges.
Our ultimate goal is to surpass our clients' expectations and provide a completed project that benefits City staff, Council members, business owners, and residents.
Highland Regional Connector Project
4VVCOMPREHENSIVE.
INNOVATIVE. 3
TRUSTED.
7 Regulatory Agency Compliance
Willdan is thoroughly familiar with regulatory agency permitting requirements and environmental, design, and construction procedures and requirements for projects within Caltrans' s right- of-way. Although each project may encompass different components and requirements, the general process remains the same — following the Caltrans Local Assistance Procedures Manual ( LAPM). Over 26 years ago, Willdan adopted Caltrans' Construction Manual as our in- house standard and has incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. Our inspectors possess strong familiarity and in- depth knowledge of:
State of California ( Caltrans) Design Manuals, Standard Plans, and Standard Specifications State of California ( Caltrans) Manual of Uniform Traffic Control Devices ( MUTCD) State of California ( Caltrans) Local Assistance Procedures Manual Standard Specifications for Public Works Construction ( Greenbook), BNi Standard Plans for Public Works Construction, BNi
City of Highland Standard Plans
Federal/ State/ Local Funded Understanding
Willdan has assisted local agencies with navigating the processes for state and federally funded projects, including project conception, permitting through appropriate oversight agencies, completing, and processing required grant forms, and closeout in conformance with the Caltrans Local Assistance Procedures Manual. Willdan is thoroughly familiar with regulations pertaining to project delivery requiring expenditures of federal, state, county, and local funds including:
State of California ( Caltrans) Design Manuals,
Standard Plans, and Standard Specifications
State of California ( Caltrans) Manual of
Standard Specifications for Public Works Uniform Traffic Control Devices (MUTCD) 4 •
City of Highland
Caltrans) Construction (Greenbook), BNi • State of California Caltrans Local Assistance Standard Plans for Public Works
Standard Plans
Procedures Manual ( LAPM)
Construction Construction, BNi • Caltrans Local Assistance Program Guidelines Engineering ( LAPG)
Cal/ OSHA Guidelines
Congestion Mitigation and Air Quality
CMAQ)
Community Development Block Grant
CDBG)
U. S. Department of Housing ( HUD)
Federal Highway Administration ( FHWA)
Highway Bridge Replacement and 9k Rehabilitation ( HBRR) Labor • Federal Transit Administration ( FTA)
Compliance • Department of Homeland Security ( DHS)
Federal Emergency Management Agency
FEMA)
United States Environmental Protection
Agency( EPA)
Department of Energy ( DOE)
State Compliance
California State Water Board (SWRCB)
Caltrans Compliance
Department of Industrial Relations ( DIR)
Measure R
Proposition 84
Disadvantaged Business Enterprise ( DBE)
City Compliance
County Compliance
Local Hire Compliance
Living Wage
Compliance
Professional Staffing and Project Organization
Willdan has carefully selected our team to offer the City of Highland a complete package of services Our team has a broad variety of talent and expertise in project management, technical, quality assurance, and construction inspection services.
Willdan acknowledges that no person designated as " key" to the project shall be removed or replaced without the prior written concurrence of the City. Willdan' s team stands ready to partner with the City on their as -needed services contract.
Project Manager I Mr. Chris Baca
Construction Manager I Mr. Joe Putrino
Resident Engineer I Mr. Mike Bustos
Construction Inspector I Mr. Justin Parent
Alternate Construction Inspector I Mr. Paul Merrill
Labor Compliance I Ms. Jane Freij
VCOMPREHENSIVE. INNOVATIVE.
TRUSTED.
Highland Regional Connector Project
8 Scope of Services
Construction Management
1. Assist City with public awareness and information
program to keep residents and local stakeholders
advised of project status along with impacts to traffic flow circulation, including answering public' s
questions about project.
2. Prepare construction file. A copy of Willdan' s file checklist can be provided upon request.
3. Ensure contractor distributes public construction
notices and places construction and information signs.
4. Prepare special concerns to be presented at
preconstruction conference.
5. Conduct preconstruction meeting, prepare meeting
minutes, and distribute to attendees.
6. Review contractor' s safety program in consultation
with City staff.
7. Through Willdan' s system of project control, monitor activities related to project such that project is
constructed in timely fashion pursuant to contract
documents.
8. Log, track, and process submittals, RFls, releases for construction ( RFCs), contract change orders ( CCOs),
field directives, notices of proposed change ( NOPCs),
non- conformance reports ( NCRs), construction
schedule, and detailed traffic control plan.
9. Closely review schedule and advise contractor to take action on schedule slippage.
10. Document contractor' s 20- day notices, mechanic' s liens, and stop notices.
11. Assume responsibility for coordination with inspection staff and City staff.
12. Monitor and coordinate activities of design
engineering support, surveying, testing, and work by
utilities or other agencies.
13. Coordinate contractor' s field work with utility
companies and other agencies.
14. Prepare weekly statement of working days and submit to contractor and City.
15. Establish and conduct weekly construction progress
meetings to:
a. Resolve all old business issues to maximum
extent possible
b. Address all items of new business as presented
by any party
c. Review project schedule and address any
deviations
d. Review submittal log in terms of items needed
and resubmittals required and review RFI, RFC,
CCO, NCR, and NOPC logs
e. List status of construction items recently
undertaken or ongoing
f. List planned construction items for next two
weeks ( two -week look ahead schedule)
g. Review SWPPP issues
h. Review contractor' s safety program
16. Prepare minutes for weekly construction progress
meeting.
17. Provide claims mitigation monitoring, including
proactively applying foresight to discover unforeseen
conflicts prior to contractor encounter.
18. Evaluate and respond to contractor' s requests for
clarification of plans and specifications.
19. Ensure that all questions, conflicts, and issues are immediately brought to City's attention and addressed
with appropriate directives to contractor.
20. Conduct special site meetings, when necessary, with contractor and City staff to review job progress,
scheduling, and coordination.
21. Perform quantity, time, and cost analyses required for negotiation of contract changes.
22. Negotiate and prepare change orders, including
memorandum of explanation and cost estimates, to
substantiate change order and send to City for review.
23. Monitor and perform immediate and thorough analysis of validity of all potential claims that arise.
24. Maintain all data for change orders and record
information with regard to time of dispute, time of
notification by contractor, and action taken by
inspector.
25. Monitor materials documentation and testing results and enforce corrections.
26. Review for approval contractor' s progress payment
requests; negotiate differences over amount with
contractor; and process payments through City's
Project Manager.
27. Monitor preparation of punch list at substantial
completion and follow up.
28. Routinely review construction files to ensure
conformance to City standards and good construction
management practices.
29. Ensure City receives as -built set of drawings at
completion.
30. Assist City with stop notices and release of retention.
31. Provide memorandum of clearance to issue notice of
completion.
32. Finalize and deliver all construction files and supplies to City for their records.
Construction Inspection
1. Review plans, specifications, and all other contract - and construction - related documents.
VCOMPREHENSIVE. INNOVATIVE.
TRUSTED.
Highland Regional Connector Projecy
9 2. Conduct a field investigation of the project area to become familiar with the existing facilities and the
project environment.
3. Become familiar with traffic control plans,
construction schedule, construction sequence, and
permit requirements from other agencies.
4. Verify that the contractor conforms to the design
survey line and grades.
5. Attend weekly progress meetings with the
construction manager, contractor, and
subcontractors.
6. Provide part-time and as -needed construction
inspection, of the work to monitor materials and
methods for compliance with plans, specifications,
and contract documents; address and document
non -conforming items as they are discovered.
7. Monitor compliance with Cal OSHA requirements
and compliance with all local, state, and federal
regulations. Although Willdan will monitor the
activities, it is the contractor' s sole responsibility to provide workers with a safe working environment.
8. Monitor compliance with the Clean Air Act and the
Clean Water Act ( National Pollutant Discharge
Elimination System - NPDES best management
practices). Also, monitor the contractor' s compliance
with approved SWPPP.
9. Meet with the contractor at the beginning of each day and review the proposed work plan, including
specific details that may affect progress.
10. Conduct daily measurements of quantities of work
with the contractor.
11. Review actual contractor performance throughout
the day and discuss discrepancies with the
contractor as they occur.
12. Assist in coordination of engineering support,
surveying, specialty inspections, and fieldwork by
utility companies.
13. Ensure compliance of Underground Service Alert
notification/ delineation.
14. Evaluate the contractor' s operation and production with respect to quality and progress and report to the
City' s Project Manager and Construction Manager.
15. Photograph continuous property frontages along the
street alignment once prior to construction and once
immediately following construction. Maintain a
photographic record of key elements of each major
operation of work each day, with increased detail in
situations of potential changes or claims.
16. Closely monitor testing results and require the
contractor to provide corrective measures to achieve
compliance.
17. Maintain copies of all permits needed to construct
the project and enforce special requirements of
each.
18. Prepare and maintain detailed daily diary inspector reports on construction progress.
19. Prepare clear and concise letters and memoranda,
as needed. Establish a solid paper trail.
20. Maintain field file bound workbooks and Willdan
electronic file during construction, including a
cumulative record of quantities constructed, daily
and weekly reports, working day reports, change
order documentation, photographs, and other
documentation.
21. Analyze delays and review claims on a timely basis
and make recommendations to the construction
manager.
22. Assist with the review and evaluation of up to ( 3) change orders.
23. Provide complete measurements and calculations
documented to administer progress payments.
24. Maintain and submit a clean set of plans marked in
red for as -built corrections on record drawings to be
filed with the City. ( City' s design consultant will
transfer the contractor' s record drawings to original
Mylar drawings).
25. Prepare a punch list at substantial completion and
follow up with the contractor regarding progress of
corrections.
26. Schedule a final inspection with the City and
applicable agencies; prepare, distribute, and inspect
corrections to the final punch list for completion; and recommend final acceptance.
27. Prepare documentation for final payment to the
contractor.
28. Upon project completion, provide the finished set of project workbooks to the City.
Labor Compliance
1. If applicable, attend pre -bid conference to present general requirements of bid preparation for project.
2. Verify applicable wage determination 10 days prior to bid opening and document verification as required. If
wage determination has changed from what appears
in project specifications, provide addendum and proof
of receipt by bidders.
3. Verify eligibility of selected contractor and its
subcontractors to receive contract awards by
confirming current, active license status with State of California Contractors License Board and nonappearance on Federal List of Parties Excluded debarment list.
COMPREHENSIVE.
INNOVATIVE. 4YV6 TRUSTED. Highland
Regional Connector Project
10 4.
5 01
Attend preconstruction conference to present federal
labor compliance requirements to contractor and
subcontractors and prepare minutes and attendance
record.
Verify and document jobsite posting of wage rate
information and labor compliance posters.
Receive and review labor compliance documentation
from public works observers or inspectors and
compare with contractor -submitted documents.
Monitor weekly payroll documentation on continuous
basis, including certified payroll reports, fringe benefit statements, apprenticeship documentation, and
payroll deduction authorizations.
Follow up with contractor by telephone and/ or certified mail regarding required document submittals and
payroll discrepancies.
Coordinate withholding of progress and/ or retention
payments with County staff if contractor fails to abide by labor compliance requirements.
Receive, pursue, and document labor complaints and
recommend special action to be taken if contractor
continuously fails to comply with requests and
requirements.
10. Maintain content and format of federal labor
compliance file in conformance with applicable
government requirements.
11. Coordinate project file reviews by authorized county, state, and federal agencies.
12. Submit complete federal labor compliance file to
County to be retained for period of not less than three years per requirements.
Material Testing
1. Attend meetings, as needed, with project team.
2. Review existing geotechnical reports and project
plans and specifications.
3. Observe and test during clearing and grubbing,
grading, shoring installation, foundation excavation,
site utility trench backfilling, and subgrade
preparation.
4. Perform laboratory testing.
5. Provide continuous soils engineering support during
construction.
Provide asphalt field and plant inspection as required
by the City' s approved QAP.
Verify compliance with approved project plans,
specifications, and applicable code requirements.
Sample and test concrete for slump, temperature,
compressive strength, and sampling rebar for testing,
if required.
9. Provide engineering support, inspector/ technician
coordination, dispatch, material engineering review,
test reporting, QA/ QC, and administrative support
services.
10. Submit reports/updates of ongoing tests; i. e., sevenday and off -schedule breaks.
11. .
12. Submit — for City review — daily field- testing and inspection reports indicating information pertinent to
inspections performed and compliance/noncompliance with project documents and applicable codes.
Project Closeout
1. Coordinate a final walk-through with all affected
stakeholders, prepare punch list, certify completion of the project, and recommend acceptance,
2. Transmit Contractor' s approved Record Drawings
As- Builts) to the City of Pico Rivera.
3. Finalize record drawings, contract bid items, claims, and change orders and punch list items.
4. Prepare all final reports, including report of completion for acceptance of the Project.
5. Finalize and deliver all construction files to the city for archives.
6. Provide electronic version of all drawings.
7. Provide paper and electronic files of all construction documents in the City' s approved format.
8. Address any unresolved issues including, but not
limited to, change orders, claims, etc.
Progress Invoicing ( Optional)
1. Prepare progress invoices at least every 6 months.
2. Monitor the Inactive Obligations List on the Caltrans Local Assistance website and notify City staff of any
pending deadlines to submit invoices.
3. Prepare LAPM Exhibit 5- A Local Agency Invoice
based on the following items provided by the City:
contractor progress payments, cancelled checks, and
a copy of 15- L Local Agency Contract Award
Checklist (first construction invoice only).
4. Submit package to the Caltrans DLAE.
Final Invoice & Final Report of Expenditures
Prepare a request for post -award finance letter
adjustment, if needed, based on the final construction
costs prior to submitting the Final Invoice package to
close out the project and submit to the Caltrans DLAE
LAPM Exhibits 3- A Project Authorization/ Adjustment
Request, 15- M Detail Estimate and Summary, and 17-
E Change Order Summary.
VVCOMPREHENSIVE. INNOVATIVE.
TRUSTED.
Highland Regional Connector Project
11 Prepare LAPM Exhibits 17- A Federal Report of
Expenditures Letter and the Report of Expenditures
Checklist, 17- C Local Agency Final Inspection Form,
17- G Materials Certificate, 5-A Local Agency Invoice,
15- M Final Detail Estimate and Summary, and 17- E
Change Order Summary along with the following
items to be provided by the City: LAPM Exhibits 17- F
Final Report - Utilization of DBE, First Tier
Subcontractors and 17- 0 DBE Certification Status
Change, contractor progress payments, final retention
payment, and copies of cancelled checks.
3. Submit package to the Caltrans DLAE.
Highland Regional Connector Project
COMPREHENSIVE.
INNOVATIVE. $
TRUSTED.
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9 13
STAFF REPORT
TO THE CITY COUNCIL
DATE: January 28, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.
File No.
City City Manager
1 STAFF REPORT
TO THE CITY COUNCIL
DATE: January 28, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: Council Member Comments
Agency/ Committee/ AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.
Approved Motion Second
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Agenda Item No.
File No.
City C City Manager
1