O. GENERATING FACILITY DESIGN AND OPERATING REQUIREMENTS
This section has been revised to be consistent with the requirements of ANSI/IEEE 1547- 2003 Standard for Interconnecting Distributed Resources with Electric Power Systems (IEEE 1547).
1. General Interconnection and Protective Function Requirements The Protective Functions and requirements of this Rule are designed to protect MVU’s Distribution System and not the Generating Facility. A Producer shall be solely responsible for providing adequate protection for its Generating Facility and Interconnection Facilities. The Producer's Protective Functions shall not impact the operation of other Protective Functions utilized on MVU’s Distribution System in a manner that would affect MVU's capability of providing reliable service to its Customers.
a. Protective Functions Required: Generating Facilities operating in parallel with MVU’s Distribution System shall be equipped with the following Protective Functions to sense abnormal conditions on MVU’s Distribution System and cause the Generating Facility to be automatically disconnected from MVU’s Distribution System or to prevent the Generating Facility from being connected to MVU’s Distribution System inappropriately:
1) Over and under voltage trip functions and over and under frequency trip functions;
2) A voltage and frequency sensing and time-delay function to prevent the Generating Facility from energizing a de-energized Distribution System circuit and to prevent the Generating Facility from reconnecting with MVU’s Distribution System unless MVU’s Distribution System service voltage and frequency is within the ANSI C84.1-1995 Table 1 Range B Voltage Range of 106V to 127V (on a 120V basis), inclusive, and a frequency range of 59.3 Hz to
60.5 Hz, inclusive, and are stable for at least 60 seconds; and A.13.d
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3) A function to prevent the Generating Facility from contributing to the formation of an Unintended Island and cease to energize the MVU’s Distribution System within two seconds of the formation of an Unintended Island.
The Generating Facility shall cease to energize MVU’s Distribution System for faults on MVU’s Distribution System circuit to which it is connected (IEEE1547-4.2.1). The Generating Facility shall cease to energize MVU’s Distribution circuit prior to re -closure by MVU’ Distribution System equipment (IEEE1547-4.2.2).
b. Momentary Paralleling Generating Facilities. With MVU’s approval, the transfer switch or scheme used to transfer the Producer’s loads from MVU’s Distribution System to Producer’s Generating Facility may be used in lieu of the Protective Functions required for Parallel Operation. c. Suitable Equipment Required . Circuit breakers or other interrupting equipment located at the Point of Common Coupling must be Certified or "Listed" (as defined in Article 100, the Definitions Section of the National Electrical Code) as suitable for their intended application. This includes being capable of interrupting the maximum available fault current expected at their location. Producer’s Generating Facility and Interconnection Facilities shall be des igned so that the failure of any single device or component shall not potentially compromise the safety and reliability of MVU’s Distribution System. The Generating Facility paralleling -device shall be capable of withstanding 220% of the Interconnection Facility rated voltage (IEEE1547- 4.1.8.3). The Interconnection Facility shall have the capability to withstand voltage and current surges in accordance with the environments defined in IEEE Std C62.41.2- 2002 or IEEE Std C37.90.1- 2002 as applicable and as described in J.3.e (IEEE1547-4.1.8.2). d. Visible Disconnect Required . When required by MVU’s operating practices, the Producer shall furnish and install a ganged, manually- operated isolating switch (or a comparable device mutually agreed upon by MVU and the Producer) near the Point of Interconnection to isolate the Generating Facility from MVU’s Distribution System. The device does not have to be rated for load break nor provide over-current protection.
The device must:
1) allow visible verification that separation has been accomplished. (This requirement may be met by opening the enclosure to observe contact separation.)
2) include markings or signage that clearly indicate open and closed positions.
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3) be capable of being reached quickly and conveniently 24 hours a day by MVU personnel for construction, operation, maintenance, inspection, testing or reading, without obstacles or requiring those seeking access to obtain keys, special permission, or security clearances.
4) be capable of being locked in the open position.
5) be clearly marked on the submitted single line diagram and its type and location approved by the MVU prior to installation. If the device is not adjacent to the Point of Common Coupling, permanent signage must be installed at an MVU-approved location providing a clear description of the location of the device.
Generating Facilities with Non-Islanding inverters totaling one (1) kilovolt- ampere (kVA) or less are exempt from this requirement.
e. Drawings Required. Prior to Parallel Operation or Momentary Parallel Operation of the Generating Facili ty, MVU shall approve the Producer's Protective Function and control diagrams. Generating Facilities equipped with Protective Functions and a control scheme previously approved by MVU for system-wide application or only Certified Equipment may satisfy this requirement by reference to previously approved drawings and diagrams.
f. Generating Facility Conditions Not Identified . In the event this Rule does not address the Interconnecti on conditions for a particular Generating Facility, MVU and Producer may agree upon other arrangements.
2. PREVENTION OF INTERFERENCE: The Producer shall not operate Generating or Interconnection Facilities that superimpose a voltage or current upon MVU’s Distribution System that interferes with MVU operations, service to MVU customers, or communication facilities. If such interference occurs, the Producer must diligently pursue and take corrective action at its own expense after being given notice and reasonable time to do so by MVU. If the Producer does not take corrective action in a timely manner, or continues to operate the facilities causing interference without restriction or limit, MVU may, without liability, disconnect the Producer's facilities from MVU’s Distribution System, in accordance with Section B.9 of this Rule. To eliminate undesirable interference caused by its operation, each Generating Facility shall meet the following criteria:
a. Voltage Regulation: The Generating Facility shall not actively regulate the voltage at the Point of Common Coupling while in parallel with MVU’s Distribution System. The Generating Facility s hall not cause the service voltage at other customers to go outside the requirements of ANSI C84.1 - 1995, Range A (IEEE1547-4.1.1).
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b. Operating Voltage Range: The voltage ranges in Table D.1 define protective trip limits for the Protective Function and are not intended to define or imply a voltage regulation Function. Generating Facilities shall cease to energize MVU’s Distribution System within the prescribed t rip time whenever the voltage at the Point of Common Coupling deviates from the allowable voltage operating range. The Protective Function shall detect and respond to voltage on all phases to which the Generating Facility is connected.
1) Generating Facilities (30 kVA or less). Generating Facilities with a Gross Nameplate Rating of 30 kVA or less shall be capable of operating within the voltage range normally experienced on MVU’s Distribution System. The operating range shall be selected in a manner that minimizes nuisance tripping between 106 volts and 132 volts on a 120- volt base (88% -110% of nominal voltage). Voltage shall be detected at either the Point of Common Coupling or the Point of Interconnection.
2) Generating Facilities (greater than 30 kVA) . MVU may have specific operating voltage ranges for Generating Facilities with Gross Nameplate Ratings greater than 30 kVA and may require adjustable operating voltage settings. In the absence of such requirements, the Generating Facility shall operate at a range between 88% and 110% of the applicable interconnection voltage.
Voltage shall be detected at either the Point of Common Coupling or the Point of Interconnection, with settings compensated to account for the voltage at the Point of Common Coupling, Generating Facilities that are Certified Non -Islanding or that meet one of the options of the Export Screen (Section I.3.b) may detect voltage at the Point of Interconnection without compensation. 3) Voltage Disturbances. Whenever MVU’s Distribution Sys tem voltage at the Point of Common Coupling varies from and remains outside normal (nominally 120 volts) for the predetermined parameters set forth in Table D -1, the Generating Facility’s Protective Functions shall cause the Generator(s) to become isolated from MVU’s Distribution System:
Table D.1 Voltage Trip Settings
Voltage at Point of Common Coupling Maximum Trip Time* # of Cycles (Assuming 120 V Base) % of Nominal Voltage (Assuming 60Hz Nominal)
Seconds
Less than 60 Volts Less than 50% 10 Cycles 0.16 Seconds A.13.d
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Greater than or equal to 60
volts but less than 106 volts
Greater than of equal to
50% but less than 88%
120 Cycles 2 Seconds
Greater than or equal to 106
volts but less than 132 volts
Greater than of equal to
88% but less than 110%
Normal Operation
Greater than or equal to 132
volts but less than 144 volts
Greater than of equal to
110% but less than 120%
60 Cycles 1 Second
Greater than 144Volts Greater than 120% 10 Cycles 0.16 Seconds
* "Maximum Trip time" refers to the time between the onset of the abnormal condition and the Generating Facility ceasing to energize MVU’s Distribution System. Protective Function sensing equipment and circuits may remain connected to MVU’s Distribution System to allow sensing of electrical conditions for use by the "reconnect" feature. The purpose of the allowed time delay is to allow a Generating Facility to “ride through” short-term disturbances to avoid nuisance tripping. Set points shall not be user adjustable (though they may be field adjustable by qualified personnel). For Generating Facilities with a Gross Nameplate Rating greater than 30 kVA, set points shall be field adjustable and different voltage set points and trip times from those in Table D.1 m ay be negotiated with MVU.
c. Paralleling. The Generating Facility shall parallel with MVU’s Distribution System without causing a voltage fluctuation at the Point of Common Coupling greater than ±5% of the prevailing voltage level of MVU’s Distribution System at the Point of Common Coupling and meet the flicker requirements of Section D.2.d. Section J provides technology-specific tests for evaluating the paralleling Function. (IEEE1547-4.1.3)
d. Flicker. The Generating Facility shall not create objectionable flicker for other customers on MVU’s Distribution System. To minimize the adverse voltage effects experienced by other customers (IEEE1547-4.3.2), flicker at the Point of Common Coupling caused by the Generating Facility should not exceed the limits defined by the "Maximum Borderline of Irritation Curve" identified in IEEE 519 -1992 (IEEE Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, IEEE STD 519-1992). This requirement is necessary to minimize the adverse voltage affects expe rienced by other custo mers on MVU ’s Distribution System.
Generators may be connected and brought up to synchronous speed (as an induction motor) provided these flicker limits are not exceeded.
e
. Integration with MVU’s Distribution System Grounding. The grounding scheme of th e Generating Facility interconnection shall not cause over - voltages that exceed the rating of the equipment connected to the MVU’s Distribution System and shall not disrupt the coordination of the ground fault protection on the MVU’s Distribution System (IEEE1547-4.1.2) (See Section I.3.h).
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f. Frequency: MVU controls system frequency, and the Generating Facility shall operate in synchronism with the MVU’s Distribution System.
Whenever MVU’s Distribution System frequency at the Point of Common Coupling varies from and remains outside normal (nominally 60 Hz) by the predetermined amounts set forth in Table D.2, the Generating Facility’s Protective Functions shall cease to energize MVU’s Distribution System within the stated maximum trip time.
Table D.2 Frequency Trip Settings
Frequency Range Maximum Trip Time [1]
Generating Facility
Rating
(Assuming 60Hz Nominal) (Assuming 60 Cycles per
Second)
Less or equal to
30kW
Less than 59.3 Hz Greater than 60.5 Hz 10 Cycles
Greater than
30kW
Less than 57 Hz 10 Cycles
Less than an adjustable value between 59.8Hz
and 57 Hz but greater than 57 Hz. [2]
Adjustable between 10 and
18,000 Cycles. [2, 3]
Greater than 60.5 Hz 10 Cycles
[1] -"Maximum Trip time" refers to the time between the onset of the abnormal condition and the Generating Facility ceasing to energize MVU’s Distribution System. Protective Function sensing equipment and circuits may remain connected to MVU’s Distribution System to allow sensing of electrical conditions for use by the "reconnect" feature. The purpose of the allowed time delay is to allow a Generating Facility to “ride through” short-term disturbances to avoid nuisance tripping. Set points shall not be user adjustable (though they may be field adjustable by qualified personnel). For Generating Facilities with a Gross Nameplate Rating greater than 30 kVA, set points shall be field adjustable and different voltage set points and trip times from those in Table D.2 may be negotiated with MVU.
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[2] - Unless otherwise required by MVU, a trip frequency of 59.3 Hz and a maximum trip time of 10 cycles shall be used.
[3] - When a 10 cycle Maximum trip time is used, a second under frequency trip setting is not required. g. Harmonics. When the Generating Facility is serving balanced linear loads, harmonic current injection into MVU’s Distribution System at the PCC shall not exceed the limits stated below in Table D.3. The harmonic current injections shall be exclusive of a ny harmonic currents due to harmonic voltage distortion present in MVU’s Distribution System without the Generating Facility connected (IEEE1547- 4.3.3). The harmonic distortion of a Generating Facility located at a Customer's site shall be evaluated using the same criteria as for the Host Loads.
Table D.3 Maximum harmonic current distortion in percent of current (I) [1,2]
Individual harmonic
order, h (odd
harmonics) [3]
h < 11
11 ≤ h < 17
17 ≤ h <
23 23 ≤ h <
35 35 ≤ h
Total demand
distortion
(TDD)
Max Distortion (%)
4.0 2.0
1.5 0.6
0.3 5.0
[1] - IEEE1547-4.3.3
[2] - I = the greater of the maximum Host Load current average demand over 15 or 30 minutes without the Generating Facility, or the Generating Facility rated current capacity (transformed to the Point of Common Coupling when a transformer exists between the Generating Facility and the Point of Common Coupling). [3] - Even harmonics are limited to 25% of the odd harmonic limits above. h. Direct Current Injection. Generating Facilities should not inject direct current greater than 0.5% of rated output current into MVU’s Distribution System.
i. Power Factor. Each Generator in a Generating Facility shall be capable of operating at some point within a power factor range from 0.9 leading to 0.9 lagging. Operation outside this range is acceptable provided the reactive power of the Generating Facility is used to meet the reactive power needs of the Host Loads or that reactive power is otherwise provided under Rate Schedule by MVU. The Producer shall notify MVU if it is using the Generating Facility for power factor correction. Unless otherwise agreed A.13.d
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upon by the Producer and MVU, Generating Facilities shall automatically regulate power factor, not voltage, while operating in parallel with MVU’s Distribution System.
3. TECHNOLOGY SPECIFIC REQUIREMENTS
a. Three-Phase Synchronous Generators. For three -phase Generators, the Generating Facility circuit breakers shall be three -phase devices with electronic or electromechanical control. The Producer shall be responsible for properly synchronizing its Generating Facility with MVU’s Distribution System by means of either manual or automatic synchronizing equipment.
Automatic synchronizing is required for all synchronous Generators that have a Short Circuit Contribution Ratio (SCCR) exceeding 0.05. Loss of synchronism protection is not required except as may be necessary to meet Section D.2.d (Flicker) (IEEE1547-4.2.5). Unless otherwise agreed upon by the Producer and MVU, synchronous Generators shall automatically regulate power factor, not voltage, while operating in parallel with MVU’s Distribution System. A power system stabilization
function is specifically not required for Generating Facilities under 10 MW Net Nameplate Rating.
b. Induction Generators. Induction Generators (except self -excited Induction Generators) do not require a synchronizing Function. Starting or rapid load fluctuations on induction generators can adversely impact MVU’s Distribution System's voltage. Corrective step-switched capacitors or other techniques may be necessary and may cause undesirable ferro -resonance.
When these counter measures (e.g., additional capacitors) are installed on the Producer's side of the Point of Common Coupling, MVU must review these measures. Additional equipment may be required as determined in a Supplemental Review or an Interconnection Study.
c. Inverters. Utility-interactive inverters do not require separate synchronizing equipment. Non-utility-interactive or “stand -alone” inverters shall not be used for Parallel Operation with MVU’s Distribution System. d
. Single-Phase Generators. For single -phase Generators connected to a shared single-phase secondary system, the maximum Net Nameplate Rating of the Generating Facilities shall be 20 kVA. Generators connected to a center-tapped neutral 240-volt service must be installed such that no more than 6 kVA of imbalanced power is applied to the two “legs” of the 240- volt service. For Dedicated Distribution Transformer services, the maximum Net Nameplate Rating of a single-phase Generating Facility shall be the transformer nameplate rating.
4. SUPPLEMENTAL GENERATING FACILITY REQUIREMENTS
a. The maximum solar generation capacity that will be approved to be connected to each meter is up to 50% of the meter minimum daytime load.
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The meter minimum daytime load will be determined by analyzing one year of historic data, while ignoring any extraordinary events (outages, partial lights, etc.), unless there have been recent major changes to the daily demand schedule. In that case, the most recent information will be evaluated.
b. For 12kV distribution circuits with multiple solar projects connected, the maximum solar generation capacity that will be approved will be up to 50% of the total minimum daytime coincident circuit load, including any solar generation previously approved on the circuit. Capacit y will be approved on a first come and first serve basis. 50% of the minimum daytime coincident circuit load will be determined by analyzing one year of historic data, while ignoring any extraordinary events (outages, partial lights, etc.), unless there have been recent major changes to the daily demand schedule.
In that case, the most recent information will be evaluated. c. Fault Detection. A Generating Facility with a short circuit contribution ratio exceeding 0.1 or one that does not cease to energize MVU’s Distribution System within two seconds of the formation of an Unintended Island shall be equipped with Protective Functions designed to detect Distribution System faults, both lin e-to-line and line -to-ground and shall cease to energize MVU’s Distribution System within two seconds of the initiation of a fault.
d. Transfer Trip. For a Generating Facility that cannot detect Distribution System faults (both line -to-line and line-to-ground) or the formation of an Unintended Island and cease to energize MVU’s Distribution System within two seconds, MVU may require a Transfer Trip system or an equivalent Protective Function.
e. Reclose Blocking. Where the aggregate Generating Facility, capacity exceeds 15% of the peak load on any automatic reclosing device, MVU may require additional Protective Functions, including, but not limited to reclose-blocking on some of the automatic reclosing devices. f. The Generating Facility may require additional approvals from other agencies before the Facility is allowed to begin construction.
P. INTERCONNECTION FACILITIES AND DISTRIBUTION SYSTEM
MODIFICATIONS
1. SCOPE AND OWNERSHIP OF INTERCONNECTION FACILITIES
AND DISTRIBUTION SYSTEM MODIFICATIONS
a. Scope. Parallel Operation of Generating Facilities may require Interconnection Facilities or modifications to MVU’s Distribution A.13.d
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System (“Distribution System modifications”). The type, extent and costs of Interconnection Facilities and Distribution System modifications shall be consistent with this Rule and determined through the Supplemental Review and/or Interconnection Studies described in Section C.
b. Ownership. Interconnection Facilities installed on Producer’s side of the Point of Common Coupling may be owned, operated and maintained by the Producer or MVU . Interconnection Facilities installed on MVU’s side of the Point of Common Coupling and Distribution System modifications shall be owned, operated and maintained only by MVU.
2. RESPONSIBILITY OF COST S OF INTERCONNECTING A
GENERATING FACILITY
a. Review, S tudy, and Additional Commissioning Test Verification (pre-parallel inspections) Costs. A producer shall be responsible for the reasonably incurred costs of the review’s studies, and additional Commissioning Test verifications (pre -parallel inspections) conducted pursuant to Section C of the Rule. If the initial Commissioning Test verification (pre -parallel inspection) is not successful through no fault of MVU, MVU may impose upon the Producer a cost -based charge for subsequent Commissioning Test verifications (pre -parallel inspections). All Costs for additional Commissioning Test verifications (pre-parallel inspections) shall be paid by Producer within thirty days of receipt of MVU’s invoice.
Additional costs, if any, will be specified on the invoice. If the initial Commissioning test (pre -paralleling inspection) is not successful through the fault of the MVU, that visit will not be considered the initial Commissioning Test (pre-parallel inspection).
b. Facility Costs. A Producer shall be responsible for all costs associated with Interconnection Facilities owned by the Producer.
The Producer shall also be responsible for any costs reasonably incurred by MVU in providing, operating, or maintaining the Interconnection Facilities and Distribution System modifications required solely for the Interconnection of the Producer’s Generating Facility with MVU’s Distribution System. Generating Facilities eligible for Net Energy Metering under California Public Utilities Code Sections 2827, 2827.8, 2827.9, or 2827.10 are exempt from any costs associated with Distribution System modifications. c. Separation of Costs. Should MVU combine the installation of Interconnection Facilities or Distribution System modification s required for the Interconnection of a Generating Facility with modifications to MVU’s Distribution System to serve other A.13.d
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Customers or Producers, MVU shall not include the costs of such separate or incremental facilities in the amounts billed to the Producer.
3. INSTALLATION OF INTERCONNECTION FACILITIES AND
DISTRIBUTION SYSTEM MODIFICATIONS
a. Agreement Required. The costs for Interconnection Facilities and Distribution System modifications shall be paid by the Producer pursuant to the provisions conta ined in the Interconnection Agreement.
b. Interconnection Facilities and Distribution System Modifications.
Except as provided for in Sections E.2.b. and E.3.c. of this Rule, Interconnection Facilities connected to MVU’s side of the Point of Common Coupling and Distribution System modifications shall be provided, installed, owned and maintained by MVU at Produce r’s expense, or may be installed by a third party upon approval by MVU.
c. Third-Party Installations. Subject to the approval of MVU, a Producer may at its option employ a qualified contractor to provide and install Interconnection Facilities or Producer paid Distribution System modifications, to be owned and operated by MVU, on MVU’s side of the Point of Common Coupling. Such
Interconnection Facilities and Distribution System modifications shall be installed in accordance with MVU's design and
specifications. Upon final inspection and acceptance
by MVU, the Producer shall transfer ownership of such Producer installed Interconnection Facilities or Distribution System modifications to MVU and such facilities shall thereafter be owned and maintained by MVU. The Producer shall pay MVU's reasonable cost of design, administration, and monitoring of the installation for such facilities to ensure compliance with MVU's requirements. The Producer shall also be responsible for all costs associated with the transfer of Producer installed Interconnection Facilities and Distribution System modifications to MVU.
Q. METERING, MONITORING AND TELEMETRY
1. GENERAL REQUIREMENTS: All Generating Facilities shall be metered in accordance with this Section F and shall meet all applicable standards of MVU contained in MVU’s applicable rules and published MVU manuals dealing with specifications.
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2. METERING BY NON -MVU PARTIES: The ownership, installation, operation, reading and testing of revenue Metering Equipment for Generating Facilities shall be by MVU.
3. NET GENERATION OUTPUT METERING (NGOM): Generating Facilities’ customers may be required to install NGOM for evaluation, monitoring and verification purposes, to satisfy applicable CAISO reliability requirements, and for Distribution System planning and operations.
The relevant factors in determining the need for NGOM are as listed below:
h. Data requirements in proportion to need for information; i. Producer’s election to install equipment that adequately addresses MVU’s operational requirements;
j. Accuracy and type of required Metering consistent with purposes of collecting data;
k. Cost of Metering relative to the need for and accuracy of the data; l. The Generating Facility’s size relative to the cost of the Meter/monitoring; m. Other means of obtaining the data (e.g., Generating Facility logs, proxy data etc.);
n. Requirements under any interconnection Agreement with the Producer.
The requirements in this Section may not apply to Metering of Generating Facilities operating under MVU’s Net Energy Metering Rate Schedule pursuant to the California Public Utilities Cod Section 2827, et seq. Nothing in this Section F.3 supersedes Section B.4.
4. POINT OF COMMON COUPLING METERING: For purposes of assessing MVU charges for retail service, the Producer’s PCC Metering shall be a bi - directional meter so that power deliveries to and from the Producer’s site can be separately recorded. Alternately, the Producer may, at its sole option and cost, require MVU to install multi- metering equipment to separately record power deliveries to MVU’s Distribution System and retail purchases from MVU. Where necessary, such PCC Metering shall be designed to prevent reverse registration.
5. TELEMETERING: If the nameplate rating of the Generating Facility is 1 MW or greater, Telemetering equipment at the Net Generator Output Metering location may be required at the Producer's expense. If the Generating Facility is Interconnected to a portion of MVU’s Distribution System operating at a voltage below 10 kV, then Telemetering equipment may be required on Generating Facilities 250 kW or greater. MVU shall only require Telemetering to the extent that less intrusive and/or mor e cost effective options for providing the necessary data in real time are not available.
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6. LOCATION: Where MVU-owned Metering is located on the Producer’s premises, Producer shall provide, at no expense to MVU, a suitable location for all such Metering Equipment.
7. COSTS OF METERING: The Producer will bear all costs of the Metering required by this Rule, including the incremental costs of operating and maintaining the Metering Equipment.
R. DISPUTE RESOLUTION PROCESS
The following procedures will apply for disputes arising from this Rule:
1. The City Council shall have jurisdiction to interpret, add, delete or modify any provision of this Rule or of any agreements entered into between MVU and the Producer to implement this Rate Schedule (“The Implementing Agreements") and to resolve disputes regarding MVU’s performance of its obligations under its rules, the applicable agreements, and requirements related to the Interconnection of the Producer’s Generating or Interconnection Facilities pursuant to this Rule.
2. The dispute shall be submitted in writing by the Producer to MVU. Authorized representatives from both Parties shall meet and confer to try to resolve the dispute.
If the Parties cannot resolve the dispute, the dispute will be submitted to the City Council for resolution. Their decision shall be final.
3. Pending resolution of any dispute under this Section, the Parties shall proceed diligently with the performance of their respective obligations under this Rule and the Implementing Agr eements, unless the Implementing Agreements have been terminated. Disputes as to the application and implementation of this Section shall be subject to resolution pursuant to the procedures set forth in this Section.
S. DEFINITIONS
The definitions in this Section H are applicable only to this Rule, the Application and Interconnection Agreements.
Anti-Islanding: A control scheme installed as part of the Generating Facility or Interconnection Facilities that senses and prevents the formation of an Unintended Island.
Applicant: The entity submitting an Application for Interconnection pursuant to this Rule.
Application: A Commission -approved standard form submitted to MVU for Interconnection of a Generating Facility.
Certification Test: A test pursuant to this Rule that verifies conformance of certain equipment with Commission-approved performance standards in order to be classified as Certified Equipment. Certification Tests are performed by NRTLs.
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Certification; Cer tified; Certificate: The documented results of a successful Certification Testing.
Certified Equipment: Equipment that has passed all required Certification Tests.
Commissioning Test: A test performed during the commissioning of all or part of a Generating Facility to achieve one or more of the following:
• Verify specific aspects of its performance;
• Calibrate its instrumentation; and
• Establish instrument or Protective Function set-points.
Customer: The entity that receives or is entitled to receive Distribution Service through the MVU’s Distribution System.
Dedicated Transformer; Dedicated Distribution Transformer: A transformer that provides electricity service to a single Customer. The Customer may or may not have a Generating Facility.
Device: A mechanism or piece of equipment designed to serve a purpose or perform a function. The term may be used interchangeably with the terms “equipment” and “function” without intentional difference in meaning. See also Function and Protective Function.
Distribution Service: All services required by, or provided to, a Customer pursuant to the approved rules of MVU other than services directly related to the Interconnection of a Generating Facility under this Rule.
Distribution System: All electrical wires, equipment, and other facilities owned or provided by MVU, other than Interconnection Facilities, by which MVU provides Distribution Service to its Customers.
Emergency: An actual or imminent condition or situation, which jeopardizes MVU’s Distribution System Integrity.
Field Testing: Testing performed in the field to determine whether equipment meets MVU’s requirements for safe and reliable Interconnection.
Function: Some combination of hardware and software designed to provide specific features or capabilities. Its use, as in Protective Function, is intended to encompass a range of implementations from a single -purpose device to a section of software and specific pieces of hardware within a larger piece of equipment to a collection of devices and software.
Generating Facility: All Generators, electrical wires, equipment, and other facilities owned or provided by Producer for the purpose of producing electric power.
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Generator: A device converting mechanical, chemical or solar energy into electrical energy, including all of its protective and control Functions and structural appurtenances.
One or more Generators comprise a Generating Facility.
Gross Nameplate Rating; Gross Nameplate Capacity: The total gross generating capacity of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s).
Host Load: The electrical power, less the Generator auxiliary load, consumed by the Customer, to which the Generating Facility is connected.
Initial Review: The review by MVU, following receipt of an Application, to determine the following: (a) the Generating Facility qualifies for Simplified Interconnection; or (b) if the Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements.
In-rush Current: The current determined by the In-rush Current Test.
Interconnection Agreement: The Interconnection Agreement has been replaced by Rule 21 A – Interconnection Responsibilities, Terms and Conditions. This rule details the rights and obligations to effect or end Interconnection. For the purposes of this Rule, Net Energy Metering or Power Purchase Agreements authorized by the Commission are also defined as Interconnection Agreements.
Interconnection; Interconnected: The physical connection of a Generating Facility in accordance with the requirements of this Rule so that Parallel Operation with MVU’s Distribution System can occur (has occurred).
Interconnection Facilities: The electrical wires, switches and related equipment that are required in addition to the facilities required to provide electric Distribution Service to a Customer to allow Interconnection. Interconnection Facilities may be located on either side of the Point of Common Coupling as appropriate to their purpose and design.
Interconnection Facilities may be integral to a Generating Facility or provided separately.
Interconnection Study: A study to establish the requirements for Interconnection of a Generating Facility with MVU’s Distribution System.
Island; I slanding: A condition on MVU’s Distribution System in which one or more Generating Facilities deliver power to Customers using a portion of MVU’s Distribution System that is electrically isolated from the remainder of MVU’s Distribution System.
Line Secti on: That portion of MVU’s Distribution System connected to a Customer bounded by automatic sectionalizing devices or the end of the distribution line.
Load Carrying Capability: The maximum electrical load that may be carried by a section of MVU’s Distribu tion System consistent with reliability and safety under the circumstances being evaluated.
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Metering: The measurement of electrical power in kW and/or energy in kWh, and, if necessary, reactive power in kVAR at a point, and its display to MVU, as required by this Rule.
Metering Equipment: All equipment, hardware, software including meter cabinets, conduit, etc., that are necessary for Metering.
Momentary Parallel Operation: The interconnection of a Generating Facility to the Distribution System for one second (60 cycles) or less.
Nationally Recognized Testing Laboratory (NRTL): A laboratory accredited to perform the Certification Testing requirements under this Rule.
Net Energy Metering: Metering for the receipt and delivery of electricity between the Producer and MVU pursuant to Section 2827, 2827.8, 2827.9, or 2827.10 of the Public Utilities Code.
Net Generation Output Metering: Metering of the net electrical power output in kW or energy in kWh, from a given Generating Facility. This may also be the measurement of the difference between the total electrical energy produced by a Generator and the electrical energy consumed by the auxiliary equipment necessary to operate the Generator. For a Generator with no Host Load and/or Public Utilities Code Sectio n 218 Load (Section 218 Load), Metering that is located at the Point of Common Coupling. For a Generator with Host Load and/or Section 218 Load, Metering that is located at the Generator but after the point of auxiliary load(s) and prior to serving Host Load and/or Section 218 Load.
Net Nameplate Rating: The Gross Nameplate Rating minus the consumption of electrical power of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s).
Network Service: More than one electrical feeder providing Distribution Service at a Point of Common Coupling.
Non-Export; Non-Exporting: Designed to prevent the transfer of electrical energy from the Generating Facility to MVU’s Distribution System.
Non-Islanding: Designed to detect and disc onnect an Unintended Island with matched load and generation. Reliance solely on under/over voltage and frequency trip is not considered sufficient to qualify as Non-Islanding.
Parallel Operation: The simultaneous operation of a Generator with power delivered or received by MVU while Interconnected. For the purpose of this Rule, Parallel Operation includes only those
Generating Facilities that are Interconnected with MVU’s Distribution System for more than 60 cycles (one second).
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generator to an energized electric power system or two energized power systems to each other.
Periodic Test: A test performed on part or all of a Generating Facility/ Interconnection Facilities at pre -determined time or operational intervals to achieve one or more of the following: (1) Verify specific aspects of its performance; (2) Calibrate instrumenta tion; and (3) Verify and re-establish instrument or Protective Function set-points.
Point of Common Coupling (PCC): The transfer point for electricity between the electrical conductors of MVU and the electrical conductors of the Producer.
Point of Common Coupling Metering: Metering located at the Point of Common Coupling. This is the same Metering as Net Generation Metering for Generating Facilities with no Host Load and/or Section 218 Load.
Point of Interconnection: The electrical transfer point between a Generating Facility and MVU’s Distribution System. This may or may not be coincident with the Point of Common Coupling.
Producer: The entity that executes an Interconnection Agreement with MVU. The Producer may or may not own or operate the Generating Facility, but is responsible for the rights and obligations related to the Interconnection Agreement.
Production Test: A test performed on each device coming off the production line to verify certain aspects of its performance.
Protective Function(s): The equipment, hardware and/or software in a Generating Facility (whether discrete or integrated with other fun ctions) whose purpose is to protect against Unsafe Operating Conditions.
Prudent Electrical Practices: Those practices, methods, and equipment, as changed from time to time, that are commonly used in prudent electrical engineering and operations to design and operate electric equipment lawfully and with safety, dependability, efficiency and economy.
Scheduled Operation Date: The date specified in the Interconnection Agreement when the Generating Facility is, by the Producer's estimate, expected to begin operation pursuant to this Rule.
Secondary Network: A network supplied by several primary feeders suitably interlaced through the area in order to achieve acceptable loading of the transformers under emergency conditions
and to provide a system of extremely high service reliability. Secondary networks usually operate at 600 V or lower.
Section 218 Load: Electrical power that is supplied in compliance with California Public Utilities Code Section 218. Public Utilities Code Section 218 defines an “Electric Corporation” and provides conditions under which a transaction involving a Generatin g Facility would not classify a Producer as an Electric Corporation. These conditions relate A.13.d
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to “over-the-fence” sale of electricity from a Generating Facility without using MVU’s Distribution System.
Short Circuit (Current) Contribution Ratio (SCCR): The ratio of the Generating Facility’s short circuit contribution to the short circuit contribution provided through MVU’s Distribution System for a three -phase fault at the high voltage side of the distribution transformer connecting the Generating Facility to MVU’s system.
Simplified Interconnection: Interconnection conforming to the Initial Review requirements under this Rule, as determined by Section I.
Single Line Diagram; Single Line Drawing: A schematic drawing, showing the major electric switchgear, Protective Function devices, wires, Generators, transformers and other devices, providing sufficient detail to communicate to a qualified engineer the essential design and safety of the system being considered.
Special Facilities: As defined in MVU’s Rules governing Special Facilities.
Starting Voltage Drop: The percentage voltage drop at a specified point resulting from In-rush Current. The Starting Voltage Drop can also be expressed in volts on a particular base voltage, (e.g., 6 volts on a 120-volt base, yielding a 5% drop).
Supplemental Review: A process wherein MVU further reviews an Application that fails one or more of the Initial Review Process steps . The Supplemental Review may result in one of the following: (a) approval of Interconnection; (b) approval of Interconnection with additional requirements; or (c) cost and schedule for an Interconnection Study.
System Integrity: The condition under which MVU’s Distribution System is deemed safe and can reliably perform its intended functions in accordance with the safety and reliability rules of MVU.
Telemetering: The electrical or electronic transmittal of Metering data in real -time to MVU.
Transfer Trip: A Protective Function that trips a Generating Facility remotely by means of an automated communications link controlled by MVU.
Type Test: A test performed on a sample of a particular model of a device to verify specific aspects of its design, construction and performance.
Unintended Island: The creation of an island, usually following a loss of a portion of MVU’s Distribution System, without the approval of MVU.
Unsafe Operating Conditions: Conditions that, if left uncorrected, could result in harm to personnel, damage to equipment, loss of System Integrity or operation outside pre - established parameters required by the Interconnection Agreement.
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T. REVIEW PROCESS FOR APPLICATIONS TO INTERCONNECT
GENERATION FACILITIES
1. INTRODUCTION
This Review Process allows for rapid approval for the interconnection of those Generating Facilities that do not require an Interconnection Study. The review process includes a screening to determine if a Supplemental Review is required.
Note: Failure to pass any step of the review process means only that further review and/or studies are required before the Generating Facility can be approved for Interconnection with MVU’s Distribution System. It does not mean that the Generating Facility cannot be Interconnected. Though not explicitly covered in the Initial Review Process the Generating Facility shall be designed to meet all of the applicable requirements in Section D.
2. PURPOSE
The review determines the following:
a. If a Generating Facility qualifies for Simplified Interconnection; b. If a Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements; or c. If an Interconnection Study is required, the cost estimate and schedule for performing the Interconnection Study.
3. REVIEW PROCESS DETAILS
a. Step 1: Is the PCC on a Networked Secondary System? • If yes, the Generating Facility does not qualify for Simplified Interconnection. Perform Supplemental Review.
• If No, continue to next step.
Significance: Special considerations must be given to Generating Facilities proposed to be installed on networked secondary Distribution Systems because of the design and operational aspects of network protectors. There are no such considerations for radial Distribution Systems. b. Step 2: Will power be exported across the PCC?
• If yes, the Generating Facility does not qualify for Simplified Interconnection. Perform Supplemental Review.
• If No, the Generating Facility must incorporate one of the following four options:
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Option 1 (“Reverse Power Protection”): To ensure that power is not exported across the PCC, a reverse power Protective Function may be provided. The default setting for this Protective Function, when used, shall be 0.1% (export) of the service transformer’s rating, with a maximum 2.0 second time delay.
Option 2 (“Minimum Power Protection”): To ensure that at least a minimum amount of power is imported across the PCC at all times (and therefore, that power is not exported), an under -power Protective Function may be provided. The default setting for this Protective Function, when used, shall be 5% (import) of the Generating Facility’s total Gross Nameplate Rating, with a maximum 2.0 second time delay.
Option 3 (“Certified Non- Islanding Protection”): To ensure that the incidental export of power across the PCC is limited to acceptable levels, this option, when used, requires that all of the following conditions be met:
(a) the total Gross Nameplate Capacity of the Generating Facility must be no more than 25% of the nominal ampere rating of the Producer’s service equipment; (b) the total Gross Na meplate Capacity of the Generating Facility must be no more than 50% of the Producer’s service transformer capacity rating (this capacity requireme nt does not apply to customers taking primary service without an intervening transformer); and (c) the Generating Facility must be certified as Non-Islanding.
The ampere rating of the Customer’s Service Equipment to be used in this evaluation will be that rating for which the customer’s utility service was originally sized or for which an upgrade has been approved. It is not the intent of this provision to allow increased export simply by increasing the size of the customer’s service panel, without separat e approval for the resize.
Option 4 (“Relative Generating Facility Rating”): This option, when used, requires Net Nameplate Rating of the Generating Facility to be so small in comparison to its host facility’s minimum load, that the use of additional Protective Functions is not required to insure that power will not be exported to MVU’s Distribution System. This option requires the Generating Facility capacity to be no greater than 50% of the Producer’s verifiable minimum Host Load over the past 12 months.
Significance:
1) If it can be ensured that the Generating Facility will not export power, MVU’s Distribution System does not need to be studied for Load-Carrying Capability or Generating Facility power flow effects on MVU voltage regulators.
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2) This step permits the use of reverse- power or minimum- power relaying as a Non -Islanding Protective Function (Options 1, 2 and 3).
3) This step allows, under certain defined conditions, for Generating Facilities that incorporate Certified Non -Islanding pr otection to qualify for Simplified
c. Step 3: Is the Interconnection Facilities Equipment Certified for the application or does the Interconnection Facilities E quipment have interim MVU approval?
• If Yes, continue to next step.
• If No, the Generating Facility and/or Interconnection Facilities does not qualify or Simplified Interconnection. Perform Supplemental Review.
Interim approval allows the MVU to treat equipment that has not completed the Rule 21 certification requirements as having met the intent of this screen. Interim approval is granted, at MVU’s discretion, on a case by case basis, and approval for one Generating Facility does not guarantee approval for any other Generating Facility
Significance: If the Generating Facility and/or Interconnection Facilities has been Certified or previously approved by MVU, MVU does not need to repeat its full review and/or test of the Generating and/or Interconnection Facilities’ Protective Functions. Site Commissioning Testing may still b e required to insure that the Protective Functions are working properly.
Certification indicates that the criteria in Section J, as appropriate, have been tested and verified.
d. Step 4: Is the aggregate Generating Facility capacity on the Line Section less than 15% of Line Section peak load?
• If Yes, continue to next step.
• If No, the Generating Facility does not qualify for Simplified Interconnection. Perform Supplemental Review to determine cumulative impact on Line Section.
Significance:
1) Low penetration of Generating Facility installations will have a minimal impact on the operation and load restoration efforts of MVU’s Distribution System.
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2) The operating requirements for a high penetration of Generating Facilities may be different since the impact on MVU’s Distribution System will no longer be minimal, therefore requiring additional study or controls.
e. Step 5: Is the Starting Voltage Drop within acceptable limits? • If Yes, continue to next step.
• If No, the Generating Facility does not qualify for Simplified Interconnection. Perform Supplemental Review.
Note: This Step only applies to Generating Facilities that start by motoring the Generator(s).
MVU has two options in determining whether Starting Voltage Drop is acceptable. The option to be used is at MVU’s discretion:
Option 1: MVU may determine that the Generating Facility’s starting In - rush Current is equal to or less than th e continuous ampere rating of the customer’s service equipment.
Option 2: MVU may determine the impedances of the service distribution transformer (if present) and the secondary conductors to Customer’s service equipment and perform a volt age drop calculation. Alternatively, MVU may use tables or nomographs to determine the voltage drop. Voltage drops caused by starting a Generator as a motor must be less than 2.5% for primary interconnections and 5% for secondary interconnections.
Significance:
1) This step addresses potential voltage fluctuation problems that may be caused by Generators that start by motoring.
2) When starting, Generating Facilities should have minimal impact on the service voltage to other MVU Customers.
3) Passing this step does not relieve the Producer from ensuring that its Generating Facility complies with the flicker requirements of this Rule, Section D.2.d.
f. Step 6: Is the Gross Nameplate Rating of the Generating Facility 11 kVA or less?
• If Yes, the Generating Facility qualifies for Simplified Interconnection.
Skip remaining steps.
• If No, continue to next step.
Significance:
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The Generating Facility will have a minimal impact on fault current levels and any potential line overvoltages from loss of MVU’s Distr ibution System neutral grounding.
g. Step 7: Is the Short Circuit Current Contribution Ratio within acceptable limits?
• If Yes, continue to next step.
• If No , the Generating Facility does not qualify for Simplified Interconnection. Perform Supplemental Review.
The Short Circuit Current Contribution Ratio Screen consists of two criteria; both of which must be met when applicable:
1) When measured at primary side (high side) of a Dedicated Distribution Transformer serving a Generating Facility, the sum of the Short Circuit Contribution Ratios of all generating facilities connected to MVU’s Distribution System circuit that serves the Generating Facility must be less than or equal to 0.1, and 2) When measured at the secondary side (low side) of a shared distribution transformer, the sho rt circuit contribution of the proposed Generating Facility must be less than or equal to 2.5% of the interrupting rating of the Producer’s Service Equipment.
Significance:
If the Generating Facility passes this screen it can be expected that it will have no significant impact on MVU’s Distribution System’s short circuit duty, fault detection sensitivity, relay coordination or fuse-saving schemes. h. Step 8: Is the Line Configuration compatible with the Interconnection type? • If Yes, the Generating Facility qualifies for Simplified Interconnection.
• If No, then the Generating Facility does not qualify for Simplified Interconnection. Perform Supplemental Review. Identify primary distribution line configuration that will serve the Generating Facility.
Based on the type of Interconnection to be used for the Generating Facility, determine from the Table I.1 if the proposed Generating Facility passes the step.
Table I.1
Primary Distribution
Line Type Configuration
Type of Interconnection
to be Made to
Primary Distribution Line
Results/Criteria
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Three-phase, three wire Any type Pass Step
Three-phase, four wire Single-phase,
line-to-neutral
Pass Step
Three-phase, four wire (For any line that has
such a section OR mixed three wire and four
wire)
All others To pass, aggregate GF
Nameplate Rating must
be less than or equal to
10% of Line Section
peak load
Significance: If the primary distribution line serving the Generating Facility is of a “three -wire” configuration, or if the Generating Facility’s distribution transformer is single -phase and connected i n a line -to-neutral configuration, then there is no concern about overvoltages to MVU’s, or other Customer’s equipment caused by loss of system neutral grounding during the operating time of the Non-Islanding Protective Function.
U. CERTIFICATION AND TESTING CRITERIA
2. INTRODUCTION
This Section describes the test procedures and requirements for equipment used for the Interconnection of Generating Facilities to MVU’s Distribution System.
Included are Type Testing, Production Testing, Commissioning Testing and Periodic Testing. The procedures listed rely heavily on those described in appropriate Underwriters Laboratory (UL), Institute of Electrical and Electronic Engineers (IEEE), and International Electrotechnical Commission (IEC) documents—most notably UL 1741 and IEEE 929, as well as the testing described in May 1999 New York State Public Services Commission Standardized Interconnection Requirements. As noted in Section A, this rule has been revised to be consistent with ANSI/IEEE 1547 -2003 Standard for Interconnecting Distributed Resources with Electric Power Systems.
The tests described here, together with the technical requirements in Section D of this Rule, are intended to provide assurance that the Generating Facility’s equipment will not adversely affect MVU’s Distribution Syste m and that a Generating Facility will cease providing power to MVU’s Distribution System under abnormal conditions. The tests were developed assuming a low level of Generating Facility penetration or number of connections to MVU’s Distribution System. At high levels of Generating Facility penetration, additional requirements and corresponding test procedures may need to be defined.
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Section J also provides criteria for “Certifying” Generators or inverters. Once a Generator or inverter has been Certified per this Rule, it may be considered suitable for Interconnection with MVU’s Distribution System. Subject to the exceptions described in Section J, MVU will not repeat the design review or require retesting of such Certified Equipment. It should be noted that the Certification process is intended to facilitate Generating Facility Interconnections. Certification is not a prerequisite to interconnect a Generating Facility.
The revisions made to this rule relative to IEEE 1547-2003 have resulted in changes in set points, test criteria, test procedures, and other requirements that will impact previously certified or listed equipment as well as equipment currently under evaluation. These changes were made to provide consistency with IEEE 1547.
Equipment that is certified or that has been submitted to a Nationally Recognized Testing Laboratory (NRTL) for testing prior to the adoption of the revised Underwriters Laboratories (UL) 1741 titled Inverters, Converters, Controllers and Interconnection Systems Equipment for use with Distributed Energy Resources and that subsequently meet the provisions Rule 21 certification requirements will continue to be accepted as Certified Equipment for Interconnection Applications submitted through May 7, 2007, the effective date of the revised UL 1741. [this change will be incorporated by Advice Letter in Dec. 2005]
2. CERTIFIED AND NON-CERTIFIED INTERCONNECTION EQUIPMENT a. Certified Equipment
Equipment tested and approved (e.g., “Listed”) by an accredited NRTL as having met both t he Type Testing and Production Testing requirements described in this document is considered to be Certified Equipment for purposes of Interconnection with MVU’s Distribution System. Certification may apply to either a pre -packaged system or an assembly of components that address the necessary functions. Type Testing may be done in the manufactures’ factory or test laboratory, or in the field. At the discretion of the testing laboratory, field -certification may apply only to the particular installation tested. In such cases, some or all of the tests may need to be repeated at other installations.
When equipment is certified by a NRTL, the NRTL shall provide to the manufacturer, at a minimum, a Certificate with the following information for each device:
Administrative:
1) The effective date of Certification or applicable serial number (range or first in series), and/or other proof that Certification is current; A.13.d
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2) Equipment model number(s) of the Certified Equipment; 3) The software version utilized in the equipment, if applicable; 4) Test procedures specified (including date or revision number); and 5) Laboratory accreditation (by whom and to what standard).
Technical (as appropriate):
1) Device ratings (kW, kVA, Volts, Amps, etc.);
2) Maximum available fault current in Amps;
3) In-rush Current in Amps;
4) Trip points, if factory set (trip value and timing); 5) Trip point and timing ranges for adjustable settings; 6) Nominal power factor or range if adjustable;
7) If the equipment is Certified for Non -Exporting and the method used (reverse power or under power); and
8) If the equipment is Certified Non-Islanding.
It is the responsibility of the equipment manufacturer to ensure that Certification information is made publicly available by the manufacturer, the testing laboratory or by a third party.
b. Non-Certified Equipment
For non-Certified Equipment, some or all of the tests described in this Rule may be required by MVU for each Generating Facility and/or Interconnection Facilities. The manufacturer or a laboratory acceptable to MVU may perform these tests. Test results for Non -Certified Equipment must be submitted to MVU for the Supplemental Review. Approval by MVU for equipment used in a particular Generating Facility and /or Interconnection Facilities does not guarantee MVU’s approval for use in other Generating Facility and/or Interconnection Facilities.
3. TYPE TESTING
a. Type Tests and Criteria for Interconnection Equipment Certification . Type Testing provides a basis for determining that equipment meets the specifications for being designated as Certified Equipment under this Rule.
The requirements described in this Section cover only issues related to A.13.d
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Interconnection and are not intende d to address equipment safety or other issues.
Table J.1. defines the test criteria by Generator or inverter technology.
While UL 17411 was written specifically for inverters, the requirements are readily adaptable to synchronous Generators, induction Generators, as well as single/multi-function controllers and protection relays. Until a universal test standard is developed, MVU or NRTL shall adapt the procedures referenced in Table J.1 as appropriate and necessary for a Generating Facility and/or Intercon nection Facilities or associated equipment performance and its control and Protective Functions. The tests shall be performed in the sequence shown in Table J.2 below.
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Table J.1 Type Tests and Requirements for Interconnection Equipment Certification Type Test Reference (1) Inverter Synchronous
Generator
Induction
Generator
Utility Interaction UL 1741 – 39 X X X
DC Isolation UL 1741 – 40.1 X - -
Simulated PV Array (Input)
Requirements
UL 1741 – 41.2 X - -
Dielectric Voltage Withstand UL 1741 – 44 X X X
Power Factor UL 1741 –
45.2.2 X X X
Harmonic Distortion UL 1741 – 45.4 X X X
DC Injection UL 1741 – 45.5 X - -
Utility Voltage and Frequency
Variation
UL 1741 – 46.2 X X X
Reset Delay UL 1741 –
46.2.3 X X X
Loss of Control Circuit UL 1741 – 46.4 X X X
Short Circuit UL 1741 – 47.3 X X X
Load Transfer UL 1741 – 47.7 X X X
Surge Withstand Capability J.3.e X X X
Anti-Islanding J.3.b (2) (2) (2)
Non-Export J.3.c (3) (3) (3)
In-rush Current J.3.d - - (4)
Synchronization J.3.f (5) X (5)
Table Notes: (1) References are to section numbers in either UL 1741 (Inverters, Converters and Charge Controllers for use in Independent Power Systems) or this Rule. References in UL 1741 to “photovoltaics” or “inverter” may have to be adapted to the other technologies by the testing laboratory to appropriately apply in the tests to other technologies. (2) Required only if Non-Islanding designation
(3) Required only if Non-Export designation is desired. (4) Required for Generators that use MVU power to motor to speed. (5) Required for all self -excited induction Generators as well as Inverters that operate as voltage sources when connected to MVU’s Distribution System.
X = Required , - = Not Required
Table J.2 Type Tests Sequence for Interconnection Equipment Certification
Test No.
Type Test
1 Utility Voltage and Frequency Variation
2 Synchronization
3 Surge Withstand Capability
4 Utility Voltage and Frequency Variation
5 Synchronization
6 Other Required and Optional Tests
Tests 1, 2, and 3, must be done first and in the order shown. Tests 4 and on follow in order convenient to the test agency.
b. Anti-Islanding Test
Devices that pass the Anti -Islanding test procedure described in UL 1741 Section 46.3 will be considered Non- Islanding for the purposes of these A.13.d
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interconnection requirements. The test is required only for devices for which a Certified Non-Islanding designation is desired. c. Non-Export Test
Equipment that passes the Non- Export test procedure described in Section J.7.a. will be considered Non- Exporting for the purposes of these Interconnection requirements. This test is required only for equipment for which a Certified Non-Export designation is desired.
d. In-rush Current Test
Generation equipment that utilizes MVU power to motor up to speed will be tested using the procedure defined in Section J.7.b. to determine the maximum current drawn during this startup process. The resulting In -rush Current is used to estimate the Starting Voltage Drop.
e. Surge Withstand Capability Test
The interconnection equipment sh all be tested for the surge withstand requirement in D.1.c in all normal operating modes in accordance with IEEE Std C62.45-2002 for equipment rated less than 1000 V to confirm that the surge withstand capability is met by using the selected test level(s) from IEEE Std C62.41.2- 2002. Interconnection equipment rated greater than 1000 V shall be tested in accordance with manufacturer or system integrator designated applicable standards. For interconnection equipment signal and control circuits, use IEEE Std C37.90.1-2002. These tests shall confirm the equipment did not fail, did not misoperate, and did not provide misinformation (IEEE1547 -5.1.3.2). The location/exposure category for which the equipment has been tested shall be clearly marked on the equipment label or in the equipment documentation. External surge protection may be used to protect the equipment in harsher location/exposure categories.
h. Synchronization Test
This test is applied to synchronous Generators, self -excited induction generators, and inverters capable of operating as voltage -source while connected to MVU’s Distribution System. The test is also applied to the resynchronization Funct ion (transition from stand -alone to parallel operation) on equipment that provides such functionality. This test may not need to be performed on both the synchronization and re -synchronization functions if the manufacturers can verify to the satisfaction o f the testing organization that monitoring and controls hardware and software are common to both functions. This test is not necessary for induction generators or current -source inverters. Instead, the ln- rush Current test Section J.3.d shall be applied to those generators.
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This test shall demonstrate that at the moment of the paralleling -device closure, all three synchronization parameters in Table J.3 are within the stated limits. This test shall also demonstrate that if any of the parameters are outside of the limits stated in the table, the paralleling -device shall not close (IEEE 1547- 5.1.2A). The test will start with only one of the three parameters: (1) voltage difference between Generating Facility and MVU’s Distribution System; (2) frequency difference; or (3) phase angle outside of the synchronization specification. Verify that the Generating Facility is brought within specification prior to synchronization. Repeat the test five times for each of the three parameters. For manual synchronization wi th synch check or manual control with auto synchronization, the test must verify that paralleling does not occur until the parameters are brought within specifications.
Table J.3. Synchronization Parameter Limits [1]
Aggregate Rating
of Generator Units
(kVA)
Frequency
Difference
(∆f, Hz)
Voltage
Difference
(∆V, %)
Phase Angle
Difference
(∆φ,)
0-500
> 500-1,500
> 1,500-10,000
0.3 0.2
0.1 10
5 3
20 15
10 [1] – IEEE 1547-5.1.1B
i. Paralleling Device Withstand Test
The di -electric voltage withstand test specified in Section J.1 shall be performed on the paralleling device to ensure compliance with those requirements specified in Section D.1.c (IEEE 1547-5.1.3.3).
4. Production Testing
As a minimum, each interconnection system shall be subjected to the Utility Voltage and Frequency Variation Test procedure described in UL1741 under Manufacturing and Production Tests, Section 68 and the Synchronization test specified in Section J.3.f Interconnection systems with adjustable set points shall be tested at a single set of set points as specified by the manufacturer. This test may be performed in the factory or as part of a Commissioning Test (Section J.5.).
5. Commissioning Testing
a. Commissioning Testing, where required, will be performed on-site to verify protective settings and functionality. Upon initial Parallel Operation of a Generating Facility, or any time interface hardware or software is ch anged A.13.d
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that may affect the functions listed below, a Commissioning Test must be performed. An individual qualified in testing protective equipment (professional engineer, factory–certified technician, or licensed electrician with experience in testing prote ctive equipment) must perform Commissioning Testing in accordance with the manufacturer’s recommended test procedure to verify the settings and requirements per this Rule.
MVU may require written Commissioning test procedure be submitted to MVE at least 10 working days prior to the performance of the Commissioning Test. MVU has the right to witness Commissioning Test, MVU may also require written certification by the installer describing which tests were performed and their results. Protective Functions to be tested during commissioning, particularly with respect to non- Certified equipment, may consist of the following:
(1) Over and under voltage
(2) Over and under frequency
(3) Anti-Islanding function (if applicable)
(4) Non-Exporting function (if applicable)
(5) Inability to energize dead line
(6) Time delay on restart after utility source is stable (7) Utility system fault detection (if used)
(8) Synchronizing controls (if applicable)
(9) Other Interconnection Protective Functions that may be requ ired as part of the Interconnection Agreement
Commissioning Test shall include visual inspections of the interconnection equipment and protective settings to confirm compliance with the interconnection requirements.
b. Other checks and tests that may need to be performed include:
(1) Verifying final Protective Function settings
(2) Trip test (J.5.f)
(3) In-service tests (J.5.g)
c. Certified Equipment
Generating Facilities qualifying for Simplified Interconnection incorporate Certified Equipment that have, at a minimum, passed the Type Tests and Production Tests described in this Rule and are judged to have little or no potential impact on MVU’s Distribution System. For such Generating Facilities,
it is necessary to perform only the following tests:
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(1) Protective Function settings that have been changed after Production Testing will require field verification. Tests shall be performed using injected secondary frequencies, voltages and currents, applied waveforms, at a test co nnection using a Generator to simulate abnormal utility voltage or frequency, or varying the set points to show that the device trips at the measured (actual) utility voltage or frequency.
(2) The Non-Islanding function shall be checked by operating a load break disconnect switch to verify the Interconnection equipment ceases to energize MVU’s Distribution System and does not re- energize it for the required time delay after the switch is closed.
(3) The Non- Exporting function shall be checked using secondary injection techniques. This function may also be tested by adjusting the Generating
Facility output and local loads to verify that the
applicable Non- Exporting criteria (i.e., reverse power or underpower) are met.
The Supplemental Review or an Interc onnection Study may impose additional components or additional testing.
d. Non-Certified Equipment
Non-certified Equipment shall be subjected to the appropriate tests described in Type Testing (Section J.3.) as well as those described in Certified Equipment Commissioning Tests (Section J.5.c.). With MVU’s approval, these tests may be performed in the factory, in the field as part of commissioning, or a combination of both. MVU, at its discretion, may also approve a reduced set of tests for a particular Generating Facility or, for example, if it determines it has sufficient experience with the equipment.
f. Verification of Settings
At the completion of Commission testing, the Producer shall confirm all devices are set to MVU -approved settings . Verification shall be documented in the Commissioning Test Certification.
f. Trip Tests
Interconnection Protective Functions and devices (e.g. reverse power relays) that have not previously been tested as part of the Interconnection Facilities with their associated interrupting devices (e.g. contactor or circuit breaker) shall be trip tested during commissioning. The trip test shall be adequate to prove that the associated interrupting devices open when the protective devices operate. Interlocking circ uits between Protective A.13.d
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Function devices or between interrupting devices shall be similarly tested unless they are part of a system that has been tested and approved during manufacturing.
g. In-service Tests
Interconnection Protective Functions and devic es that have not previously been tested as part of the Interconnection Facilities with their associated instrument transformers or that are wired in the field shall be given an in - service test during commissioning. This test will verify proper wiring, polarity, CT/PT ratios, and proper operation of the measuring circuits. The in-service test shall be made with the power system energized and carrying a known level of current. A measurement shall be made of the magnitude and phase angle of each Alternating Current (AC) voltage and current connected to the protective device and the results compared to expected values. For protective devices with built -in Metering Functions that report current and voltage magnitudes and phase angles, or magnitudes of current, voltage, and real and reactive power, the
metered values may be used for in-service testing. Otherwise, portable ammeters, voltmeters, and phase-angle meters shall be used.
6. Periodic Testing
Periodic Testing of Interconnection-related Protective Functions shall be performed as specified by the manufacturer, or at least every four years. All Periodic Tests prescribed by the manufacturer shall be performed. The Producer shall maintain Periodic Test reports or a log for inspection by MVU. Periodic Testing conforming to MVU test intervals for the particular Line Section may be specified by MVU under special circumstances, such as high fire hazard areas. Batteries used to activate any Protective Function shall be check ed and logged once per month for proper voltage.
Once every four years, the battery must be either replaced or a discharge test performed.
7. Type Testing Procedures Not Defined in Other Standards
This Section describes the additional Type Tests necessary to qualify a device as Certified under this Rule. These Type Tests are not contained in Underwriters Laboratories UL 1741 Standard Inverters, Converters and Controllers for Use in Independent Power Systems, or other referenced standards.
a. Non-Exporting Test Procedures
The Non-Exporting test is intended to verify the operation of relays, controllers and inverters designed to limit the export of power and certify the equipment as meeting the requirements of Screen 2, Options 1 and 2, of the review process . Tests are provided for discrete relay packages and for controllers and inverters with the intended Functions integrated.
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(1) Discrete Reverse Power Relay Test
This version of the Non -Exporting test procedure is intended for discrete reverse power and underpower relay packages provided to meet the requirements of Options 1 and 2 of Screen 2. It should be understood that in the reverse power application, the relay will provide a trip output with power flowing in the export (toward MVU’s Distribution System) direction.
Step 1: Power Flow Test at Minimum, Midpoint and Maximum Pickup Level Settings
Determine the corresponding secondary pickup current for the desired export power flow of 0.5 seconda ry watts (the minimum pickup setting, assumes 5 amp and 120V CT/PT secondary). Apply nominal voltage with minimum current setting at zero (0) degrees phase angle in the trip direction. Increase the current to pickup level.
Observe the relay’s (LCD or computer display) indication of power values. Note the indicated power level at which the relay trips. The power indication should be within 2% of the expected power. For relays with adjustable settings, repeat this test at the midpoint, and maximum settings. R epeat at phase angles of 90, 180 and 270 degrees and verify that the relay does not operate (measured watts will be zero or negative).
Step 2: Leading Power Factor Test
Apply rated voltage with a minimum pickup current setting (calculated value for system application) and apply a leading power factor load current in the non-trip direction (current lagging voltage by 135 degrees). Increase the current to relay rated current and verify that the relay does not operate. For relays with adjustable settings, this test should be repeated at the minimum, midpoint, and maximum settings.
Step 3: Minimum Power Factor Test
At nominal voltage and with the minimum pickup (or ranges) determined in Step 1, adjust the current phase angle to 84 or 276 degrees. Increase the current level to pickup (about 10 times higher than at 0 degrees) and verify that the relay operates. Repeat for phase angles of 90, 180 and 270 degrees and verify that the relay does not operate.
Step 4: Negative Sequence Voltage Test
Using the pickup settings determined in Step 1, apply rated relay voltage and current at 180 degrees from tripping direction, to A.13.d
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simulate normal load conditions (for three -phase relays, use Ia at 180, Ib at 60 and Ic at 300 degrees). Remove phase -1 voltage and observe that the relay does not operate. Repeat for phases-2 and 3.
Step 5: Load Current Test
Using the pickup settings determined in Step 1, apply rated voltage and current at 180 degrees from the tripping direction, to simulate normal load conditions (use Ia at 180, Ib at 300 and Ic at 60 degrees).
Observe that the relay does not operate.
Step 6: Unbalanced Fault Test
Using the pickup settings determined in Step 1, apply rated voltage and
2 times rated current, to simulate an unbalanced fault in the non- trip direction (use Va at 0 d egrees, Vb and Vc at 180 degrees, Ia at 180 degrees, Ib at 0 degrees, and Ic at 180 degrees). Observe that the relay, especially single phase, does operate properly.
Step 7: Time Delay Settings Test
Apply Step 1 settings and set time delay to minimum setting. Adjust the current source to the appropriate level to determine operating time, and compare against calculated values. Verify that the timer stops when the relay trips. Repeat at midpoint and maximum delay settings.
Step 8: Dielectric Test
Perform the test described in IMVU 414 using 2 kV RMS for 1 minute.
Step 9: Surge Withstand Test
Perform the surge withstand test described in IEEE C37.90.1.1989 or the surge withstand capability test described in J.3.e.
(2) Discrete Underpower Relay Test
This version of the Non -Exporting test procedure is intended for discrete underpower relay packages and meets the requirements of Option 2 of Screen 2. A trip output will be provided when import power (toward the Producer’s load) drops below the specified level.
Note: For an underpower relay, pickup is defined as the highest power level at which the relay indicates that the power is less than the set level.
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Step 1: Power Flow Test at Minimum, Midpoint and Maximum Pickup Level Settings
Determine the corresponding secondary pickup current for the desired power flow pickup level of 5% of peak load minimum pickup setting. Apply rated voltage and current at 0 (zero) degrees phase angle in the direction of normal load curre nt. Decrease the current to pickup level. Observe the relay’s (LCD or computer display) indication of power values. Note the indicated power level at which the relay trips. The power indication should be within 2% of the expected power. For relays with adjustable settings, repeat the test at the midpoint, and maximum
settings. Repeat at phase angles
of 90, 180 and 270 degrees and verify that the relay operates (measured watts will be zero or negative).
Step 2: Leading Power Factor Test
Using the pickup current setting determined in Step 1, apply rated voltage and rated leading power factor load current in the normal load direction (current leading voltage by 45 degrees). Decrease the current to 145% of the pickup level determined in Step 1 and verify that the relay does not operate. For relays with adjustable settings, repeat the test at the minimum, midpoint, and maximum settings.
Step 3: Minimum Power Factor Test
At nominal voltage and with the minimum pickup (or ranges) determined in Step 1, adjust the current phase angle to 84 or 276 degrees. Decrease the current level to pickup (about 10% of the value at 0 degrees) and verify that the relay operates. Repeat for phase angles 90, 180 and 270 degrees and verify that the relay operates for any current less than rated current.
Step 4: Negative Sequence Voltage Test
Using the pickup settings determined in Step 1, apply rated relay voltage and 25% of rated current in the normal load direction, to simulate light load conditions. Remove phase 1 voltage and observe that the relay does not operate. Repeat for Phases-2 and 3.
Step 5: Unbalanced Fault Test
Using the pickup settings determined in Step 1, apply rated voltage and two times rated current, to simulate an unbalanced fault in the normal load direction (use Va at 0 degrees, Vb and Vc at 180 A.13.d
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degrees, Ia at 0 degrees, Ib at 180 degrees, and Ic at 0 degrees).
Observe that the relay (especially single -phase types) operates properly.
Step 6: Time Delay Settings Test
Apply Step 1 settings and set time delay to minimum setting. Adjust the current source to the appropriate level to determine operating time, and
compare against calculated values. Verify that the timer stops when the relay trips. Repeat at midpoint and max imum delay settings.
Step 7: Dielectric Test
Perform the test described in IEC 414 using 2 kV RMS for 1 minute.
Step 8: Surge Withstand Test
Perform the surge withstand test described in IEEE C37.90.1.1989 or the surge withstand test described in Section J.3.e.
(3) Tests for Inverters and Controllers with Integrated Functions
Inverters and controllers designed to provide reverse or underpower functions shall be tested to certify the intended operation of this function.
Two methods are acceptable:
Method 1: If the inverter or controller utilizes external current/voltage measurement to determine the reverse or underpower condition, then the inverter or controller shall be functionally tested by application of appropriate secondary currents and pot entials as described in the Discrete Reverse Power Relay Test, Section J.7.a.(1) of this Rule.
Method 2: If external secondary current or voltage signals are not used, then unit-specific tests must be conducted to verify that power cannot be exported across the PCC for a period exceeding two seconds. These may be factory tests, if the measurement and control points are integral to the unit, or they may be performed in the field.
b. In-rush Current Test Procedures
This test will determine the maximum In-rush Current drawn by the Generator.
(1) Locked-Rotor Method
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Use the test procedure defined in NEMA MG -1 (manufacturer’s data is acceptable if available).
(3) Start-up Method
Install and setup the Generating Facility equipment as specified by t he manufacturer. Using a calibrated oscilloscope or data acquisition equipment with appropriate speed and accuracy, measure the current draw at the Point of Interconnection as the Generating Facility starts up and parallels with MVU’s Distribution System. Startup shall follow the normal, manufacturer- specified procedure. Sufficient time and current resolution and accuracy shall be used to capture the maximum current draw within 5%. In -rush Current is defined as the maximum current draw from MVU during the startup process, using a 10-cycle moving average. During the test, the utility source, real or simulated, must be capable of maintaining voltage within +/- 5% of rated at the connection to the unit under test. Repeat this test five times. Report the highest 10-cycle current as the In -rush Current. A graphical representation of the time -current characteristic along with the certified In -rush Current must be included in the test report and made available to MVU.
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ELECTRIC RULE 21A – GENERATION INTERCONNECTION RULES, TERMS AND
CONDITIONS (OBSOLETE)
Applicability
The former MVU Net Energy Metering 2.0/Interconnection Agreement has been replaced by Rule 21A. This rule applies to all interconnections be tween MVU and the generation Producer providing for the Interconnection of a Generating Facility that gives certain rights and obligations to effect or end Interconnection.
Applicable to Customer-Generators, as defined in Section 2827 of the California Public Utilities Code, operating a renewable electrical gen eration facility, as therein defined, located on the customer’s owned, leased, or rented premises, is a vendor/contractor owned PV system that is leased or rented (includes a purchase power agreement) to an MVU electric customer or a customer owned system that is intended primarily to offset part or all of the customer’s own electrical requirements and which is interconnected and operates in parallel with MVU’s power system as authorized by MVU.
Territory
Within the entire territory served by Moreno Valley Utility.
Net Surplus Compensation Rate
The net surplus compensation rate per kWh applied to any net surplus energy remaining at the end of the customer’s relevant period based on the MVU rate under which the customer is billed and all the conditions thereof.
Special Conditions
1. As determined in each billing period, when a customer is a net consumer of energy, the resulting net consumed energy will be used in the calculation of all applicable energy charges.
2. As determined in each billing period, when a customer is a net producer of energy, the resulting net produced energy will be used in the calculation of a monetary value that shall only be applied to the customer’s monthly bill, including any minimum charges and applicable taxes. The customer acknowledges that no incentive is available for the installed PV system.
3. A customer is a net producer of energy when the amount of generated kilowatt-hours (kWh) of energy that is exported to MVU’s system exceeds the amount that the customer re ceives from MVU.
4. The monetary value calculated is the product of the net kWh produced multiplied by the Net Surplus Compensation Rate (NSCR).
5. The NSCR value is established by MVU to reflect the costs MVU avoids in procuring power during the time period net surplus generators are likely to produce excess power.
6. MVU shall retain any net surplus energy generated by the NEM customer, including any associated environmental attributes or renewable energy credits (“REC”).
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7. To be eligible for service under this Schedule, generating facilities must meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and E lectronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules regarding safety and reliability (i.e., MVU’s Electric Rule 21). All generating facilities must have a warranty of at least 10 years fo r all equipment and the associated installation from the system provider (not from MVU). All major solar system components (including PV panels and other generation equipment, inverters and meters) must be on the verified equipment list maintained by the C EC. Any other equipment, as determined by MVU, must be verified as having safety certification from a Nationally Recognized Testing Laboratory.
8. To be eligible for service under this Schedule, the customer’s generating facilities must be sized to offset part or all of the customer’s own electrical requirements and cannot be oversized. This means that the estimated output of the generating facility, using the CEC-AC nameplate rating for inverter-based generating facilities must not exceed the customer’s previous annual usage in kWh.
In the event that there is less than 12 months of previous recorded usage data, the standard of 2 watts per square foot of the premises will apply.
9. Customers seeking to interconnect their generating facilities for the purpose of receiving service under this Schedule are subject to the interconnection requirements and interconnection cost responsibility provisions as established in MVU’s Electric Rule 21.
10. A new customer of record who owns, rents, or leases a pre mise that includes a generating facility that was approved by MVU for parallel operation prior to the new customer moving in and/or taking electric service with MVU will take service under this Schedule as long as the requirements of this Schedule are met. This provision also applies to premises where the developer/contractor establishes the interconnection.
11. Existing generating facilities currently under Schedule NEM that are modified such that : (1) the generating capacity or output increases by 10% or more; or (2) adding battery storage will be placed under Schedule NEM 2.0.
12. Existing customers under Schedule NEM will remain under Schedule NEM for a period of fifteen (15) years from the original year in which their generating facility was intercon nected to MVU’s grid as determined from the date the customer received the permission to operate (PTO), and then will be switched to Schedule NEM 2.0 or any otherwise applicable rate schedule. Existing customers under Schedule NEM can request to be placed under Schedule NEM 2.0 at any time; the customer’s account will be trued up at the time of the request. This means that any outstanding balance due or credit due will be applied to the next regular billing.
Solar or Wind Generating Facility
1. Operating Option
1. Customer has elected to construct, design, install, operate, and maintain the Facility in a manner consistent with the normal and safe operation of the electrical distribution system owned and operated by MVU. The Facility is intended primarily to pr ovide part or all of the Customer’s own electrical energy A.13.d
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requirements. If the facility is within the service territory of MVU, then by that fact the Customer understands, accepts, and agrees that connection and operation of the Customer’s Facility shall be subject to the terms and conditions set forth in in MVU’s Electric Service Rules (the “Rules”).
2. Pursuant to Electric Service Rule No. 21 and Rule 21A, based on facility type and size, an Interconnection Fee may be required.
2. Credits for Net Energy
1. Customer is eligible to receive credits for energy if Customer’s monthly energy generated by the Facility exceeds Customer’s monthly energy requirements, calculated by the “Net Metering.” Net Metering uses a non -demand, time differentiated meter or meters to measure the difference between the energy supplied by MVU and the energy generated by the Facility and supplied to MVU.
Net metering account billing op tions, net energy carryover rules and restrictions, and energy costs are controlled by MVU’s Net Metering Schedule in effect at the time of Customer’s start of service.
3. Interruption or Reduction of Deliveries
1. MVU shall not be obligated to accept, and MVU may require Customer to interrupt or reduce, deliveries of energy to MVU: (a) when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of MVU’s equipment or part of the MVU system; or (b) if MVU determines that curtailment, interruption, or reduction of receipt of energy from Customer’s Facility is necessary because of emergencies, forced outages, force majeure, or compliance with prudent electrical practices.
2. Notwithstanding any other provision of t his Rule, if at any time MVU, in its sole discretion, determines that either (a)the Facility may endanger MVU personnel or members of the general public, or (b) the continued operation of Customer’s Facility may impair the integrity of MVU’s electric distribution system, MVU shall have the right to disconnect Customer’s Facility from MVU’s electric distribution system. Customer’s Facility shall remain disconnected until such time as MVU is satisfied that the condition(s) referenced in (a) or (b) of this paragraph have been corrected, and MVU shall not be obligated to compensate Customer for any loss of use of generation or energy during any and all periods of such disconnection.
4. Interconnection
1. Customer shall deliver energy from the Facility to MVU at MVU’s meter.
2. Customer, and not MVU, shall be solely responsible for all legal and financial obligations arising from the construction, installation, design, operation, and maintenance of the Facility in accordance with all applicable laws and regulations.
3. Customer, at Customer’s sole expense, shall obtain and possess all permits and authorizations in accordance with all applicable laws and regulations for the construction, installation, design operation and maintenance of the Facility.
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4. MVU shall furnish and install one or more standard watt-hour meters to read energy generated by Customer’s Facility. Customer shall provide and install a meter socket and connections in accordance with MVU’s metering standards. If the Customer desires more detailed metering equipment, all associated costs will be incurred by the Customer.
5. MVU shall have the right to have its representatives present at the final inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility or battery storage . For interconnections involving battery storage, Customer shall be responsible for all inspection and commissioning fees. Customer shall notify MVU in accordance with the terms of Section 12, herein, at least five (5) days prior to such inspection.
6. Customer shall not connect the Facility, or any portion of it, to MVU's distribution system, until written approval of Facility has been given to Customer by MVU.
Such approval shall not be unreasonably withheld.
7. Customer may reconnect its Facility to the MVU system following normal operational outages and interruptions without notifying MVU unless MVU has disconnected service, or MVU notifies Customer that a reasonable possibility exists that reconnection would pose a safety hazard.
8. If MVU has disconnected Service to the Facility, or MVU has notified Customer that a reasonable possibility exists that reconnection would pose a safety hazard, Customer may call MVU's Customer Service Center to request aut horization to reconnect the Facility.
5. Design Requirements
1. Customer’s Facility, and all portions of it used to provide or distribute electrical power and parallel interconnection with MVU’s distribution equipment shall be designed, installed, constructed, operated, and maintained in compliance with this Rule. Compliance with this section is mandatory.
2. Customer shall conform to all applicable solar or wind electrical generating system safety and performance standards established by MVU’s Electric Service Rule No. 21, the National Electrical Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE), and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission regarding safety and reliability, and applicable building codes.
6. Maintenance and Permits
1. Customer shall: (a) maintain the Facility and interconnection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, requirements of Section 5 above, and (b) to the extent A.13.d
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that future requirements may require, obtain any governmental authorizations or permits required for the operation of the Facility. Customer shall reimburse MVU for any and all losses, damages, claims, penalties, or liability MVU incurs as a result of Customer’s f ailure to obtain or maintain any governmental authorizations and permits required for construction and operation of the Customer’s Facility.
7. Access to Premises
1. MVU may enter Customer’s premises without prior notice (a) to inspect, at all reasonable hours, Customer’s protective devices and read or test any meter for the Facility and (b) to disconnect, at any time, without notice, the Facility if, in MVU’s sole opinion, a hazardous condition exists and that immediate action is necessary to protect persons, or MVU’s facilities, or property of others from damage or interference caused by (1) Customer’s Facility, or (2) Customer’s failure to comply with the requirements of this Rule.
8. Indemnity and Liability by Customer
1. Customer shall indemnify and hold MVU, i ts directors, officers, agents and employees harmless against all loss, damages expense and liability to third persons for injury to or death of persons or injury to property caused by the Customer’s engineering design, construction, installation, ownershi p, maintenance or operations of the Facility in connection with this Agreement by reason of omission or negligence, whether active or passive. Customer shall, on MVU’s request, defend any suit asserting a claim covered by this indemnity. Customer shall pay all costs that may be incurred by MVU in enforcing this indemnity.
2. Neither MVU, its officers, agents n or employees shall be liable for any claims, demands, costs, losses, causes of action, or any other construction, ownership, maintenance or operation of, or making of replacements, additions or betterment to, Customer’s Facility except to the extent actually caused by the sole and gross negligence of the MVU.
3. Neither MVU, its officers, agents nor employees shall be liable for damages of any kind to the Facility caused by any electrical disturbance of the MVU system or on the system of another, whether or not the electrical disturbance results from the negligence of MVU.
9. Insurance
1. Customer is required to maintain insurance in force for the duration of this life of the Facilities in the amount of $xxx per install kW capacity of the Facilities. MVU shall have the right to inspect or obtain a copy of the original policy or policies of insurance prior to commencing operation. Such insurance shall, by endorsement to the policy or policies, provide for thirty (30) calendar days written notice to MVU prior to cancellation, termination, alteration, or material change of such insurance.
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Attachment: MVU Rules Fees Charges final 11152022 (5981 : APPROVE ADDITIONAL FUNDING FOR ENERGY ASSISTANCE AND ENERGY Exhibit B
Resolution No. 2022-XX Date Adopted: November 15, 2022 147
CHART OF CHARGES AND FEES
Item Charge
Service Initiation Charge
Next Day, Normal Business Hours
Identity Verification Fee
$15.00
$5.00
Additional Charge for Same Day Turn On of Service $30.00 Additional Charge for Weekends and After Hours Turn On of Service $50.00
Deposits
Residential Service – Single Family
Twice Average Monthly Bill,
minimum $235
Residential Service – Mulit-Family Twice Average Monthly Bill, minimum $105
Non Residential Service Twice Maximum Monthly Bill
Reestablishment of Credit
Twice Maximum Monthly Bill
Interest on Deposits 1/12th of the Interest Rate on
Commercial Paper
(Prime, 3 Months)
Interest on Unauthorized Use Billings 10% Per Annum
Interest on Amortized Repayment Agreements 10% Per Annum
Return Check Charge
$31.00
Field Notification Charge
Collection Processing Fee
$10.00
$30.00
Meter Test Deposit – (Refunded if Meter Registers within Parameters) Meter Installed without Current or Potential Transformer $20.00 Meter Installed with Current or Potential Transformer $100.00 Late Charge 0.9% per Month of Unpaid
Balance
Utility Users Tax 5.75%
Reconnection Charge
Meter Panel – Next Day $20.00
Meter Panel – Same Day During Working Hours $30.00
Meter Panel – Weekends and After Hours $50.00
Pole / Service Structure – Next Day $60.00
Pole / Service Structure – Same Day During Working Hours $75.00 Pole / Service Structure – Weekends and After Hours
Transformer/Structure Due to Energy Theft
$90.00
$150.00
Damaged Steel Lock-ring $15.00
Damaged Aluminum Lock-ring $5.00
Replaced Damaged Meter
Actual cost
(time and material)
$2,000
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Attachment: MVU Rules Fees Charges final 11152022 (5981 : APPROVE ADDITIONAL FUNDING FOR ENERGY ASSISTANCE AND ENERGY Exhibit B
Resolution No. 2022-XX Date Adopted: November 15, 2022 148
Rule 21 Application Fee
Rule 21 Supplemental Review Fee
$75.00
$800.00
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Attachment: MVU Rules Fees Charges final 11152022 (5981 : APPROVE ADDITIONAL FUNDING FOR ENERGY ASSISTANCE AND ENERGY Exhibit B
Resolution No. 2022-XX Date Adopted: November 15, 2022 149
PLAN CHECKING and INSPECTION/TESTING FEES
Upon submittal of improvement plan(s) for a project’s electrical distribution system, line extension facilities and/or structures for plan review, the submittal shall be accompanied with a deposit of an amount equal to
3.25% of the engineer’s estimated construction costs for improvements. Prior to second submittal of improvement plans, the City Engineer will approve a final cost for improvements and a plan review fee will be established. From this final fee, the deposit will be deducted. This fee shall be paid prior to the second submittal of the improvement plan(s).
Improvement Plans
(Total cost of construction)
Off-Site & On-Site 1-3 submittals
First $20,000.00 4.0%
Next $80,000.00 3.5%
Over $100,000.00 3.25%
4 th and subsequent submittals per sheet $ 248.00/sheet or as directed by
City Engineer
Revisions (Improvement Plans)
Minor per sheet $261.00
Major per sheet (minimum fee) $269.00
Inspection and Testing
(Total cost of construction)
Off-Site & On- Site
First $20,000.00 4.0%
Next $80,000.00 3.5%
Over $100,000.00 3.25%
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Attachment: MVU Rules Fees Charges final 11152022 (5981 : APPROVE ADDITIONAL FUNDING FOR ENERGY ASSISTANCE AND ENERGY
Report to City Council
ID#5976 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Assistant City Manager (Development)
AGENDA DATE: December 6, 2022
TITLE: APPROVE THE SECOND AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL CONSULTANT
DESIGN SERVICES WITH WSP USA INC. FOR THE
MORENO MDP LI NE F -18 AND F -19, PROJECT NO. 804
0017
RECOMMENDED ACTION
Recommendations:
1. Approve the Second Amendment to Agreement for Professional Consultant Services to WSP USA Inc (WSP USA) to provide design related services for the Moreno Master Drainage Plan (M DP) Line F -18 and F -19 project, funded with Measure A funds (Fund 2001) and Public Works Capital Projects funds (Fund 3002);
2. Authorize the City Manager to execute the Second Amendment to Agreement for Professional Consultant Services with WSP USA, subjec t to the approval of the City Attorney;
3. Authorize an amendment to the existing Purchase Order with WSP USA in the amount of up to but not to exceed $326,256.00;
4. Authorize an amendment to the Agreement termination date, extending the termination date from December 31, 2022 to December 31, 2025; and
5. Authorize the Public Works Director/City Engineer to execute any subsequent related amendments to the agreement with WSP USA, not to exceed the Purchase Order amount, subject to the approval by the City Attorney.
SUMMARY
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This report recommends approval of the Second Amendment to Agreement (Attachment B) for Professional Consultant Services with WSP USA for design related services for the Moreno MDP Line F -18 and F -19 project. The project is to mitigate flooding east of Redlands Boulevard and south of Alessandro Boulevard (Attachment A). Storm Drain Lines F-18 and F-19 are identified in the Moreno Master Drainage Plan (MDP) of Riverside County Flood Control and Water Conservation District (District). F - 18 is located in Alessandro Boulevard between Redlands and Merwin Street. F -19 is located in Brodiaea Avenue between Redlands and Merwin Street. In 2020, as a requirement of the Project, the City submitted plans to the District for review. The District provid ed comments and requested that the plans be modified to remove the construction of Line F-19 in Brodiaea Avenue and replace it with the construction of Line D-1 in Maltby Avenue, between Redlands and Merwin Street. The change requires redesign and therefo re additional funding which will be covered by the District through and existing agreement. The change in scope will provide the greatest amount of flood protection to the residents.
DISCUSSION
On June 18, 2019, the City Council approved the original A greement with WSP USA and authorized the Director of Public Works/City Engineer to execute any subsequent related amendments to the agreement with WSP USA, not to exceed the Purchase Order amount, subject to the approval by the City Attorney.
On December 9, 2020, the First Amendment to the Agreement with WSP USA was approved and authorized an extension of the Agreement termination date from December 31, 2020 to December 31, 2022. This action was necessary to allow for more time due to unforeseen delays during the pandemic.
Staff is recommending approval of the Second Amendment to the Agreement for Professional Consultant Services with WSP USA to address the scope change, finalize design, obtain environmental permitting and construction permits, and prepar e contract bid documents for advertisement of construction.
Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an excellent quality of life, develop and implement innovative, cost-effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. This alternative will allow the project to continue to move forward with the completion of the design, construction plans, contract documents, and all required permits ready for construction.
2. Do not approve and authorize t he recommended actions as presented in this A.14
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staff report. This alternative will likely result in a project delay and would prevent the efforts to mitigate flooding for the area southeast of Redlands Boulevard and Alessandro Boulevard.
FISCAL IMPACT
This project is funded by Measure A funds (Fund 2001) and ADP fees in the Public Works Capital Projects fund (Fund 3002). There is no impact to the General Fund.
AVAILABLE PROJECT BUDGET FY 22/23:
Measure A
(Account No. 2001-70-77-80004-720199) (Project No. 804 0017-2001-99) ....... $139,382 Public Works General Capital Projects
(Account No. 3002-70-77-80004-720199) (Project No. 804 0017-3002-99) .... $1,862,335 Total ................................................................................................................ $2,001,717
ESTIMATED DESIGN COSTS
Consultant Design Costs .................................................................................... $326,256 Environmental Permitting .................................................................................... $70,000 City Project Administration and Plans Review ...................................................... $95,000 Total Estimated Design Costs $491,256
NOTIFICATION
Public notification and community outreach will continue throughout the completion of this project.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Josh Frohman, PE Michael Lloyd, PE
Senior Engineer Public Works Director/City Engineer
Concurred By:
Harold Zamora, PE
Capital Projects Principal Engineer
CITY COUNCIL GOALS
Public Safety. Provide a safe an d secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent ima ge about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
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CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Attachment A – Location Map
2. Attachment B – Second Amendment to Agreement
APPROVALS
Budget Officer Approval ✓ Approved . 11/07/22 4:21 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/07/22 4:22 PM
HISTORY:
11/15/22 City Council MEETING CANCELLED
Next: 12/06/22
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LOCATION MAP
Public Works Department MORENO TOWNSITE AREA STORM DRAIN Capital Projects Division MORENO MDP LINES F-18 AND F-19 CIP PROJECT NO. 804 0017
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ATTACHMENT A
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Attachment: Attachment A – Location Map (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
SECOND AMENDMENT TO PROJECT SPECIFIC AGREEMENT FOR ON-CALL
PROFESSIONAL CONSULTANT SERVICES FOR
MORENO MDP LINE F-18 AND F-19
PROJECT NO. 804 0017
This Second Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 202__ (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and WSP USA Inc., California Corporation hereinafter referred to as “Consultant.”
RECITALS:
Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT for ON-CALL PROFESSIONAL CONSULTANT SERVICES," hereinafter referred to as "Agreement," dated July 29, 2019.
Whereas, the Consultant is providing Civil Engineering Design services for Moreno MDP Line F-18 And F-19 Project No. 804 0017.
Whereas, the Agreement was amended by the “First Amendment to Agreement for On-call Professional Consultant Services” dated December 9, 2020.
Whereas, it is desirable to amend the Agreement to expand the scope of work to be performed by the Consultant, Terms of Payment, and to extend the Agreement termination date as is more particularly described in Section 1 of this Second Amendment.
Whereas, the Consultant has submitted a Proposal dated July 7, 2022, for expansion of the scope of work to be performed. A copy of said Proposal is attached as “Exhibit A - Scope of Services” and is incorporated herein by this reference.
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:
1.1 This Agreement termination date is extended from December 31, 2022 to December 31, 2025, unless the termination date is further extended by an Amendment to the Agreement.
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
SECOND AMENDMENT TO PROJECT SPECIFIC AGREEMENT FOR
ON-CALL PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 804 0017
1.2 Exhibit “A” to the Original Agreement is hereby amended by adding to the scope of work section described in Exhibit “A,” entitled "Scope of Services.”
1.3 Exhibit “C” to the Original Agreement is hereby further amended by adding the cost section described in Exhibit “A,” entitled "Scope of Services.”
1.4 The total “Not to Exceed” fee for this contract is $326,256.00 ($189,000.00 for the original Agreement, $0 for the First Amendment, plus $137,256.00 for the Second Amendment to Agreement).
SECTION 2
2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
SIGNATURE PAGE TO FOLLOW:
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
SECOND AMENDMENT TO PROJECT SPECIFIC AGREEMENT FOR
ON-CALL PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 804 0017
City of Moreno Valley WSP USA Inc.
BY: BY:
Mike Lee, City Manager
TITLE:
(President or Vice President)
Date
Date
BY:
TITLE:
(Corporate Secretary)
Date
Enclosures: Exhibit “A” – Scope of Services
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
EXHIBIT “A”
Scope of Services
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
WSP USA
Suite 350
862 E Hospitality Lane
San Bernardino, CA 92408
Tel.: +1 909 888-1106
Fax: +1 909 889-1884
wsp.com
July 1, 2022
Josh Frohman, PE
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Subject: Amendment No. 1
Request for Additional Budget – Rescoping Effort for Line F-19 to City SD in Maltby Avenue
Moreno MDP Line F-18 and F-19
Project No. 804 0017
Dear Josh,
Please accept this proposal for additional budget for the engineering design and construction support services for the Moreno MDP Line F-18 and F-19. Per previous direction from the City and RCFC&WCD, WSP was asked to modify the project from Line F-19 in Brodiaea Ave to a city storm drain main in Maltby Avenue. Since WSP already began analysis and design for F-19, additional budget will be needed to now design the storm drain and street improvements in Maltby Avenue. The proposed scope of work, fee, schedule and list of deliverables is as follows:
1. Hydrology and Hydraulics Calculations/Report Update. a. Complete the Hydrology and Hydraulics Report for updates regarding Lines F- 18 and the city storm drain main in Maltby Ave. to connect to existing Line F-2, from the 60% design level to 100% Final Approval. Include the check of the hydraulics at the connections to the existing Line F-2.
2. Plans, Specifications, and Estimates for the Proposed Storm Drain and Street Improvements.
a. Complete the design of Line F-18 in Alessandro Blvd. from 60% to 100% Final – 3 sheets plan and profile. Includes a realignment of the storm drain main to the existing street pavement section and a connection detail to the existing Line F-2.
b. Complete the Design of the Maltby Ave. Storm Drain main – 2 sheets plan and profile. Provide a connection detail to existing Line F-2. c. Complete the design of street improvements that will be impacted by the construction of the storm drain mains. Replacement of signing and striping that is being disrupted.
d. Complete the design for Alessandro Boulevard for the street plans that show a grind and overlay of the existing pavement – 3 sheets. Produce Signing and Striping plans for the replacement of these items – 3 sheets.
July 7, 2022
Amendment No. 2
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
e. For Maltby Avenue – complete the design of the street improvements for the trench patch and other street elements required for the installation of the SD main, laterals, and drain inlets – 2 sheets.
f. For Redlands Boulevard, complete the improvement plans for the trench, patch and repair only – 1 sheet. Replace striping in kind.
g. Complete the construction specifications (1 set).
h. Provide updated cost estimates for the project at 90% and 100% Final Design.
3. Environmental Permitting.
Task 1: Project Data Review
• Review original plan set used for Notice of Determination (NOD) approval. • Review most recent plan set for consistency with NOD. • Review the Hydrology and Hydraulic Analysis.
Task 2: Design Coordination
• Coordinate with Design Team to obtain all relevant data needed to evaluate potential project impacts.
• Work with Design Team to evaluate Multiple Species Habitat Conservation Plan (MSHCP) consistency.
• Evaluate whether a Determination of Biologically Equivalent or Superior Preservation (DEBSP) Report may be required for the project.
Task 3: CEQA Evaluation
• Evaluate current project proposal and current conditions to determine whether proposed changes require revisions to the Mitigated Negative Declaration (MND).
• Determine whether there is new information that would change the effects analysis or introduce new mitigation or alternatives.
• Determine whether additional technical studies are required.
Task 4: WRC RCA Coordination
• Prepare responses to California Department of Fish and Wildlife questions from the coordination meeting held on April 14, 2021 regarding downstream impacts based on completed hydrology and hydraulic analysis. Responses will be submitted to the City for their review and information.
From the 4/14/21 meeting, when addressing MSHCP consistency, CDFW will want the following information:
▪ Describe and depict with maps and figures where water flows before the project and how it flows after the project. What are the changes? ▪ How will the flows change where it daylights at the F2 culvert (include pictures of the culvert)?
▪ What is the size of the culvert at this location?
▪ Provide an analysis of whether there will be increased flows at the culvert.
▪ What is the potential for incision of the streambed requiring a need for armoring?
• Confirm with the Western Riverside County Regional Conservation Authority (WRC RCA) whether preparation of a DBESP is required.
Task 5: CEQA Documentation
• Prepare a CEQA addendum confirming major revisions to the MND are not required and that the project design is consistent with the 2012 NOD and 2017 CEQA Addendum.
Environmental Assumptions:
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
− Technical studies will not be required
− A DBESP Report will not be required
− Two rounds of review by the City of Responses to CDFW Questions − Two rounds of review by the City of CEQA Revalidation − Support during final design, including obtaining permits and assistance with bid package, would be conducted under a separate scope
− Mitigation compliance during construction would be conducted under a separate scope
Environmental Deliverables:
− Draft, Revised Draft, and Final Responses to CDFW Questions − Meeting Agenda for Coordination with WRC RCA
− Meeting Minutes from Coordination Meeting with WRC RCA − Draft and Final CEQA Addendum
4. Project Management, QA/QC, Project Administration, and Meetings a. Perform the PM, PA, and QA/QC for the project, to include monthly meetings with the City, one (1) meeting with CDFW, and three (3) meetings with the utility purveyors. Manage and administer the design and permitting of the project.
b. Oversee and complete the submittals, QC reviews, address comments, and revise construction documents for advertisement for bids. This task anticipates two (2) submittals to the City and RCFCD addressing the City’s and District’s comments for the approval.
5. Construction Support.
a. Perform construction support for the project to include:
i. Design Services During Construction
ii. Review shop drawings (10 total)
iii. Respond to RFI’s (30 total)
iv. Provide clarification drawings (10 total)
v. Attend one (1) Job walk / develop one (1) punch list vi. Complete record drawings from contractor’s redlines (1 set) Schedule
1. Anticipated Amendment NTP: July 2022
2. Completion of the Design – August to January 2023 (24 weeks)
3. City / District Review / WSP response to comments – February to April 2023 (12 weeks)
4. Address Final Comments – May 2023
5. Submit Signed Drawings: June 2023
Design Assumptions/Observations
1. WSP will utilize existing previous studies, design plans, field surveys and environmental documentation to the greatest extent possible.
List of Final Deliverables
1. Final Hydrology and Hydraulics Report
2. Storm Drain Plans
3. Street Improvement Plans
4. Construction Specifications
5. Construction Cost Estimate
6. Design Support During Construction
7. Final Punch List
8. Record Drawings
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
The total fee for the above scope of services is $137,256 based on 1073 man-hours.
Please review the above proposal and call or email the project manager, Chris Turnage, if you have any questions. WSP looks forward to completing this project for the City of Moreno Valley.
Respectfully submitted,
Ali H. Mir, ENV SP
Vice President
CST/TD
[email protected]
(909) 912-2270
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Attachment: Attachment B – Second Amendment to Agreement (5976 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR
Report to City Council
ID#5975 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Assistant City Manager (Development)
AGENDA DATE: December 6, 2022
TITLE: AUTHORIZE THE AWARD OF PROFESSIONAL
SERVICES AGREEMENT TO HUNTER CONSULTING
INC., DBA HCI ENVIRONMENTAL & ENGINEERING FOR
HAZARDOUS WASTE CLEAN -UP, REMOVAL, AND
DISPOSAL SERVICES
RECOMMENDED ACTION
1. Award a five -year contract to Hunter Consulting Inc., dba HCI Environmental & Engineering for a total not -to-exceed amount of $ 300,000 for Hazardous Waste Clean-up, Removal, and Dis posal Services on a routine and on -call basis; and authorize the City Manager to execute contracts in conformance with the attached Agreement funded through State Gasoline Tax (Fund 2000), Facilities Maintenance (Fund 7310), and Fleet Operations (Fund 7410);
2. Authorize the issuance of annual purchase orders for Hunter Consulting Inc., dba HCI Environmental & Engineering on a routine and as needed basis each year of the Agreement term subject to funds available in the City Council approved Operating Budget; and
3. Authorize the City Manager, or his designee, to execute the agreement and any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreement.
SUMMARY
This report recommends approval of a $300,000 contract with Hunter Consulting Inc., dba HCI Environmental & Engineering for hazardous waste clean -up, removal, and disposal services at all City facilities and in the public right-of-way.
DISCUSSION
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The City is responsible for ensuring that public facilities are safe and properly operational for the general public and employees, including Fire Stations, the Public Safety Building, and the Emergency Operations Center. Pro viding proper hazardous waste clean -up, removal, and disposal services are an essential part of the City’s functions. Required hazardous waste services range from routine disposal services and clarifier cleaning to emergency responses for right -of-way clean -ups and remediation services. As such, the need for a licensed on -call hazardous waste service provider, with the ability to perform a wide variety of routine and on-call emergency services, is critical.
Requests for Proposal for hazardous waste clean -up, removal, and disposal services went out for bid on September 7 , 202 2. Formal bidding procedures were followed in conformance with the Public Contract Code.
Staff reviewed the bid proposal s and found Hunter Consulting Inc., dba HCI Environmental & Engineering to be a responsible bidder in possession of valid licenses, certifications, and experience with cost within the expected amount. No outstanding issues were identified through review of the references submitted by the bidder. All bidders have been notified by a Notice of Intent to Award letter.
There is an aggr egate n ot-to-exceed amount of $ 300,000.00 projected for this agreement based on a trend analysis covering five years of related expenses and potential cost escalations due to inflation. The services will be utilized on a regular basis for disposal of hazardous wa ste, clarifier pumping, and on an as needed basis for emergency public right -a-way clean ups as results from accidents, all at the direction from the Public Works Department.
Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an excellent quality of life, develop and implement innovative, cost-effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. This alternative will provide for the hazardous waste clean-up, removal, and disposal services throughout the City, and in City facilities.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the timely hazardous waste clean -up, removal, and disposal services throughout the City, and in City facilities.
FISCAL IMPACT
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Funding is available in the approved Operating Budget for Fiscal Year 2022/23. The not-to-exceed $300,000 contract will be expensed over the five -year term, based on services needed for hazardous waste clean-up, removal, and disposal, subject to the City Council approval of future Operating Budget. There is no General Fund impact based on this action.
NOTIFICATION
N/A
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Tyler Smith Michael Lloyd, P.E.
Management Analyst Public Works Director / City Engineer
Concurred By:
Joseph Mattox
Maintenance & Operations Division Manager
CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, obje ctives, and goals to appropriate external governments, agencies and corporations.
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Hunter Consulting Inc., dba HCI Enviro nmental & Engineering Draft Agreement - Staff Report #5975
APPROVALS
Budget Officer Approval ✓ Approved . 11/07/22 4:20 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/07/22 4:21 PM
HISTORY:
11/15/22 City Council MEETING CANCELLED
Next: 12/06/22
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1 City of Moreno Valley
AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Hunter Consulting Inc., dba HCI Environmental & Engineering , a Corporation, with its principal place of business at 1680 Com merce St., Corona, CA 92880, hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:
RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional Hazardous Waste Clean -up, Removal, and Disposal contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional Hazardous Waste Clean -up, Removal, and Disposal contracting services, is lic ensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the Hazardous Waste Clean-up, Removal, and Disposal as set forth in this Agreement; D. The public interest, convenience, necessity and gene ral welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.
TERMS
1. CONTRACTOR INFORMATION:
Contractor’s Name: Hunter Consulting Inc., dba HCI Environmental & Engineering Address: 1680 Commerce St.
City: Corona_ State: CA Zip: 92880
Business Phone: (800) 988-4424
Other Contact Number: (800) 988-4424
Business License Number: Pending____
Federal Tax I.D. Number: 88-0463772
2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:
A. The Contractor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.
B. The City’s responsibilities, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 2 C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.
D. The term of this Agreement shall be from November 16, 2022, to November 16, 2022 unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non- performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.
3. STANDARD TERMS AND CONDITIONS:
A. Control of Work. Contractor is solely responsible for the content and sequence of the work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.
B. Intent of Parties. Contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or a ny individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the City.
C. Subcontracting. Contractor may retain or subcontract for the services of other necessary contractors with the prior written approval of the City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].
D. Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the s ervices under this Agreement.
Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project or a threat to the safety of persons or property, shal l be promptly A.15.a
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 3 removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Cathie Curtis.
F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
G. Contractor’s Representative. Contractor hereby designates Cathie Curtis , or his or her designee, to act as its representative for th e performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the s ervices, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the s ervices under this Agreement.
H. Legal Considerations. The Contractor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from a ny claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
I. Standard of Care; Performance of Employees . Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the s ervices.
Contractor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the s ervices assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be prompt ly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.
J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and A.15.a
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 4 demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses , incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement sig nifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indem nify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.
K. Additional Indemni ty Obligations . Contractor shall defend, with c ounsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and thei r officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
L. Insurance Requir ements. The C ontractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII— Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California:
The Contr actor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contra ctor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement
√ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons A.15.a
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 5 whomever, resulting directly or i ndirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:
Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate
√ Professional Errors and Omission Insurance —such coverage shall not be less than $1,000,000 per claim and $2,000,000 aggregate.
√ Liability and Property Damage Insurance coverage for owned and non - owned automotive equipment operated on City/CSD/ Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit.
√ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valle y Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contri buting with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers , under any third party liability policy
The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior writt en notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non -payment of premium shall require ten (10) days prior written notice by certified or registered mail.
In the event the insurance is canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts established.
M. Intellectual Property . Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated A.15.a
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 6 otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contract or agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
N. Entire Agreement. This Agreement constit utes the entire agreement between the parties. There are no understandings, agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreeme nt may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.
O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the date of termination, provided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non- objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Contractor shall per form no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents a nd data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.
P. Payment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and Stat e taxing authorities as required. The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. S uch records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 7 Q. Restrictions on City Employees . The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of t he City shall have any financial interest in this Agreement in violation of federal, state, or local law.
R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.
S. Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Hunter Consulting Inc., dba
HCI Environmental & Engineering
PO Box 2745
Corona, CA 92879
Attn: Cathie Curtis
City:
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Maintenance & Operations Division
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
T. Time of Essence. Time is of the essence for each and every provision of this Agreement.
U. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this project.
V. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 8 X. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the parties.
Y. Counterparts. This Agreement may be signed in counterparts, each of wh ich shall constitute an original.
Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
AA. Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
BB Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.
1. CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.
2. CITY may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.
3. CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONTRACTOR.)
4. CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)
5. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 9 6. CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
7. CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.
8. Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY.
9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.
10. CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
11. CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.
12. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
13. CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).
SIGNATURE PAGE TO FOLLOW
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Hunter Consulting Inc., dba
HCI Environmental & Engineering
BY: BY:
Mike Lee
City Manager
TITLE:
(President or Vice President)
Date
Date
BY:
TITLE:
(Corporate Secretary)
Date
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
Date
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 11 EXHIBIT A
CONTRACTOR SCOPE OF SERVICES
A. This Agreement between the City of Moreno Valley and Contractor is for professional Hazardous Waste Clean-up, Removal, and Disposal contracting services at City Facilities and throughout the City of Moreno Valley right-of-way on a routine and as needed/emergency basis per the scope of services referenced in RFP 2022-068. In addition, it should be noted that certain maintenance may require scheduled preventive maintenance work.
B. Requests for service will be conveyed from the City via telephone or email requesting an informal or formal quote or proposal. There is no minimum or maximum number of service calls.
C. Quotes and proposals must be prepared in accordance with the request for service and be submitted to the City prior to work being performed unless otherwise directed.
Jobs valued in excess of $1,000 will be quoted at prevailing wage.
D. All work is to be performed in accordance with manufacturers' recommendations, as well as all federal, state, country, and local regulations.
E. This scope of work excludes any work other than incidental (less than 10 square feet) of any material containing asbestos. The contractor will immediately stop work if any encountered material is suspected to be asbestos and report the finding to the Fleet & Facilities Supervisor.
F. All materials and completed work must meet local, county, state, and federal codes and regulations.
G. Submission of Material Safety Data Sheets (MSDS) are mandatory for any supply or material used on the job or supplied in the course of this Agreement prior to receipt of or with the first shipment of hazardous material. Also, at any time the content of an MSDS is revised, the Contractor is required to provide new information relevant to the specific material.
H. The Contractor shall provide manufacturer's warranties and warranty workmanship, operation and performance as described within this Agreement.
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 12 EXHIBIT B
CITY RESPONSIBILITIES
The City of Moreno Valley is responsible for the following:
A. Providing requests for service, access to sites to perform evaluations for estimates and/ or project work, and coordinating site visits;
B. Providing escorts at sites that require the presence of a City employee during work periods;
C. Providing purchase orders or other written authorization to confirm the approval of work;
D. Providing materials when the scope of work so indicates; and
E. Funding all required City permits, excluding a City of Moreno Valley business A.15.a
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 13 EXHIBIT C
TERMS OF PAYMENT
1. The Contractor's compensation shall not exceed $300,000.
2. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
http://www.moval.org/do_biz/biz-license.shtml
3. The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Accounts Payable staff at [email protected] Accounts Payable questions can be directed to (951) 413-3073.
Copies of invoices may be submitted to the Maintenance & Operations Division at
[email protected] or calls directed to (951) 413-3160.
3. The Contractor agrees that City payments w ill be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City.
Any invoice not paid because the completed ACH Authorization Form has not been provided wil l not incur any fees, late charges, or other penalties.
The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
4. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) A.15.a
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE 14 E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
7. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
8. Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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Attachment: Hunter Consulting Inc., dba HCI Environmental & Engineering Draft Agreement - Staff Report #5975 (5975 : AUTHORIZE THE
Report to City Council
ID#5937 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: December 6, 2022
TITLE: APPROVE RESOLUTION FOR SUBMITTAL OF
APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR
WHICH THE CITY OF MORENO VALLEY IS ELIGIBLE
RECOMMENDED ACTION
Recommendation:
1. Adopt Resolution No. 202 2-XX - A Resolution of the City Council of the City of Moreno Valley, California, approving the submittal of applications for all CalRecycle grants for which the City of Moreno Valley is eligible. CalRecycle requires an updated Resolution every five (5) years.
SUMMARY
Approval of the proposed resolution will authorize the submittal of all CalRecycle grants for which the City of Moreno Valley is eligible for the next five (5) years.
DISCUSSION
The California Dep artment of Resources Recycling and Recovery (CalRecycle) administers and provides oversight for all of California’s state -managed waste handling and recycling programs. CalRecycle offers funding opportunities authorized by legislation to assist local gover nments in safely and effectively managing the waste stream. Projects implemented by cities and counties assist in reaching and maintaining the goal of reducing the quantity of materials discarded into landfills.
CalRecycle requires grant applicants to sub mit a resolution that authorizes the City to submit applications to CalRecycle for eligible grant opportunities and designates the City Manager or Designee signature authority to execute all related documents. A resolution is required to sustain opportunit ies for available funding to promote solid A.16
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waste and recycling programs. Failure to meet this requirement may result in the denial of future CalRecycle grant funding.
The California Integrated Waste Management Act of 1989 ( AB 939) and the Mandatory Commercial Recycling Act (AB 341) mandate the implementation of outreach and local waste requirements to divert recyclable material from landfills. AB 939 mandates all local jurisdictions to meet an annual 50% waste diversion rate to remain in compliance.
AB 341 mandates local jurisdictions implement outreach efforts to increase recycling for commercial and multi-family residential customers. The City continues to work to meet the State’s waste diversion rate requirements by continuing outreach efforts requir ed per AB 341, which is funded by CalRecycle grants.
CalRecycle annual grant funding has enabled the City to provide educational outreach and assistance to businesses, residents, and schools regarding mandatory recycling requirements and waste diversion. Continued participation in the CalRecycle grant programs allows the City to continue mandated educational outreach programs to increase waste diversion rates.
ALTERNATIVES
1. Approve the proposed resolution. Staff recommends this alternative, as it will provide for continued participation in the CalRecycle grant programs which affords the City the opportunity to increase public awareness of recycling and assists with the City’s overall diversion efforts mandated by the California Integrated Waste Management Act of 1989 (AB 939).
2. Do not adopt the proposed resolution. Staff does not recommend this alternative as it will reduce available funding by approximately $80,000 per fiscal year for the City’s overall waste diversion efforts mandated by the Californi a Integrated Waste Management Act of 1989 (AB 939).
FISCAL IMPACT
Participation in and compliance with CalRecycle grant programs allows the City to be eligible for grant revenue reimbursement for solid waste and recycling programs. Annual CalRecycle grant revenue reimbursement is estimated to be approximately $ 80,000 per fiscal year. The approval of the proposed resolution shall authorize the City to apply to and remain eligible for CalRecycle grant funding for the next five (5) years.
CalRecycle grants currently have no requirement for matching funds. Grant funds may only be used for the activities and materials specified in the grant application.
CalRecycle grant funding has no impact on the General Fund.
NOTIFICATION
Publication of the Agenda.
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PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:
Mitchell Quiñonez Brian Mohan
Management Assistant Assistant City Manager/CFO
Concurred by:
Felicia London
Purchasing & Sustainability Division Manager
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the le ft hand side of this document for the necessary attachment.
1. Reso No. 2022-XX
APPROVALS
Budget Officer Approval ✓ Approved . 11/07/22 4:03 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/07/22 4:20 PM
HISTORY:
11/15/22 City Council MEETING CANCELLED
Next: 12/06/22
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1 Resolution No. 2022-___
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AUTHORIZING
SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANTS FOR WHICH THE CITY OF MORENO VALLEY IS
ELIGIBLE
WHEREAS, Public Resources Code sections 4 0000 et seq. authorize the California Department of Resources , Recycling, and Recovery (CalRecycle), to administer various Grant Programs (grants) in furtherance of the State of California's (State) efforts to reduce, recycle , and reuse solid waste generat ed in the State thereby preserving landfill capaci ty and protecting public health, safety, and the environment; and
WHEREAS, in furtherance of this authority , CalRecycle is required to establish procedures governing the application, award, and management of grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by Resolution certain authorizations related to the administration of CalRecycle grants; and WHEREAS, the City Council desi res to authorize the submittal of all CalRecycle grants for which the City of Moreno Valley is eligible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all tr ue and correct and are herein incorporated.
2. Authorization Approved. The City Council of the City of Moreno Valley, California, authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Moreno Valley is eligible.
3. Signature Authority. The City Manager or her designee , are hereby authorized and empowered to execute in the name of the City of Moreno Valley all grant documents, including but not limited to, applications, agreements, amendments , and requests for pay ment, necessary to secure grant funds and implement the approved grant project.
4. Effective Date. This Resolution shall be effective immediately upon adoption.
5. Term. These authorizations shall be effective five (5) years from the date of adoption of this Resolution.
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Attachment: Reso No. 2022-XX [Revision 3] (5937 : APPROVE RESOLUTION FOR SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE 2 Resolution No. 2022-___
4. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
5. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
6. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
APPROVED AND ADOPTED this 15th day of November 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
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Attachment: Reso No. 2022-XX [Revision 3] (5937 : APPROVE RESOLUTION FOR SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE 3 Resolution No. 2022-___
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Reso No. 2022-XX [Revision 3] (5937 : APPROVE RESOLUTION FOR SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
Report to City Council
ID#5935 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Assistant City Manager (Development)
AGENDA DATE: December 6, 2022
TITLE: AUTHORIZATION TO AWARD AGREEMENTS TO ANSER
ADVISORY MANAGEMENT, LLC AND WILLDAN
ENGINEERING FOR CONSTRUCTION INSPECTION
CONSULTANT SERVICES
RECOMMENDED ACTION
Recommendations:
1. Approve each Agreement for Professional Consultant Services with Anser Advisory Management, LLC (Anser), and Willdan Engineering (Willdan) to provide construction inspection consultant services for the Lan d Development Division.
2. Authorize the City Manager to execute each Agreement for Professional Consultant Services with Anser and Willdan for $125,000.00 each, for six months in Fiscal Year 2022/2023 and $250,000.00 for each, annually thereafter ; and authorize the City Manager, or his designee, to execute any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreement. Agreements funded by inspection fees collected from developers and utility companies.
3. Authorize the issuance of purchase orders to Anser and Willdan in the amount of $125,000.00 each, for six months in Fiscal Year 2022/2023 and authorize the Chief Financial Officer to approve subsequent related purchase orders for annual extensions up to a maximum of four annual extensions with Anser and Willdan not-to-exceed $250,000.00 each, annually, in accordance with the approved terms of the Agreement.
4. Authorize the Chief Financial Officer to make any necessary budget adjustment appropriations related to expenditures and offsetting revenues.
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SUMMARY
This report recommends approval of the Agreement for Professional Consultant Services with Anser and Willdan to provide construction inspection consultant services associated with new private development and significant redevelopment projects for the Land Development Division. Funding for these services will be offset by development fees received from these projects.
Development in residential, commercial, industrial, and utility projects has c ontinued to increase. Due to the continued high demand for inspection services, it is necessary to obtain consultant construction inspection services in the Land Development Division.
DISCUSSION
Currently, the City has four full -time construction inspectors, one construction inspector supervisor, and one consultant inspector overseeing all private development and utility projects. The current agreement for the consultant inspector expires June 30, 2023.
With the continued activity in development and ut ility projects, it is necessary to have available consultant inspectors to meet the inspection requests within contractors’ aggressive schedules.
On July 28, 2022, the Request for Proposal (RFP) for Professional Consultant Services for Construction Inspect ion Services was advertised on the City’s online bid portal, PlanetBids.
On August 26, 2022, the City received thirteen (13) proposals in response to the RFP.
Pursuant to the Moreno Valley Municipal Code procedures for professional services procurement, a selection committee, comprised of City staff, reviewed, and rated all proposals according to the criteria established.
Each proposal was evaluated on its individual merit and assessed a point score through the PlanetBids system to determine the most quali fied firms. Anser and Willdan were selected as the most qualified consultants to provide construction inspection consultant services after negotiation of a fair and reasonable price. The selected consultants present an ability to provide the services on time and within budget.
Attached are each proposed Agreement with Anser and Willdan. The not -to-exceed amount will be $125,000.00 for each consultant, for six months in Fiscal Year 2022/2023 and $250,000.00 for each consultant, annually thereafter, wit h the ability to extend the agreement four additional one -year terms. Contract costs are offset through cost recovery by fees for service paid for by developers and project applicants.
Executing the inspection services contracts will allow the City to re spond to developer and utility inspection requests in a timely manner and meet their schedules.
Since the current Procurement Policy (Policy #3.18, Section VI.B.3) allows the original agreement to be extended for four additional one -year terms, the total potential value of the Agreements is being taken into consideration when determining signature authority.
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Staff recommends that the City Council award the Agreements with Anser and Willdan to provide construction inspection consultant services, authorize t he City Manager to execute the Agreements, authorize the issuance of purchase orders as well as subsequent related purchase orders for annual extensions/amendments, and authorize the Public Works Director/City Engineer to execute any future extensions or amendments, in accordance with the terms of the Agreement and the recommendations authorized by this staff report. Such extensions and amendments will only be entered into upon determination that sufficient funding appropriations and program approvals have been granted by the City Council, demonstration by the consultant of having provided satisfactory performance of the services, and both the City and the consultant mutually agree to extend the Agreement.
ALTERNATIVES
1. Approve and authorize the recomm ended actions as presented in this staff report. Staff recommends this alternative in order to accommodate all inspection requests and facilitate the timely completion of development projects.
2. Do not approve and do not authorize the recommended actio ns as presented in this staff report. Staff does not recommend this alternative, as it would result in delaying inspections and possible development project delays.
FISCAL IMPACT
The amount spent for professional consultant construction services is fund ed through revenue received from the City’s inspection fees in connection with services requested by developers/landowners/applicants. The expenses for the agreements are accounted for in the professional services account (GL Account Number 1010 -70-29-20410- 620299). These costs have offsetting revenue as inspection fees (GL Account Number 1010-70-29-20410-523010) collected from developers and utility companies for construction inspections that will fund the professional services account. It is recommended that any necessary future budget adjustment appropriations be made related to the expenditures and offsetting revenues.
NOTIFICATION
Publication of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Zara Terrell Michael Lloyd, P.E.
Management Analyst Public Works Director/City Engineer
Concurred By: Concurred By:
Clement Jimenez Melissa Walker, P.E.
Principal Engineer, P.E. Engineering Division Manager/Assistant City Engineer
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CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.3: Address deferred maintenance of City infrastructure assets.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Consultant Agreement - Anser
2. Consultant Agreement - Willdan
APPROVALS
Budget Officer Approval ✓ Approved . 11/07/22 4:15 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/07/22 4:18 PM
HISTORY:
11/15/22 City Council MEETING CANCELLED
Next: 12/06/22
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Report to City Council
ID#6012 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Assistant City Manager (Development)
AGENDA DATE: December 6, 2022
TITLE: AUTHORIZATION OF CITY MANAGER TO AMEND THE
AGREEMENTS FOR VENDORS CONTRACTED ON THE
STATE ROUTE 60/ MORENO BEACH INTERCHANGE
PHASE 2 IMPROVEMENTS PROJECT, PROJECT NO. 801
0021.
RECOMMENDED ACTION
Recommendations:
1. Authorize the City Manager to amend the agreements for vendors contracted on the State Route 60/ Moreno Beach Interchange Phase 2 Improvements Project, Project No. 801 0021, subject to the approval by the City Attorney; and
2. Authorize Chief Financial Officer to make any budget adjustments necessary based on amended agreements as long as the budget adjustments are reflected in the following quarterly budget review to Council.
SUMMARY
This report recommends that City Council authorize the City Manager and Chief Financial Officer, subject to the approval of the City Attorney, to amend the agreements and budget for an unspecified amount to ensure the continuation of the wor k on the State Route 60/ Moreno Beach Interchange Phase 2 Project and to avoid delays.
Funding to cover the amendments will come from the Surety for Spectrum Construction Group.
DISCUSSION
Spectrum Construction Group, the Contractor awarded the construct ion project abandoned the jobsite on May 3, 2022. The Surety, which is the entity that provided the bonds to ensure the performance of the work and completion, immediately solicited A.18
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several bids from highly responsible and experienced contractors and sele cted a Contractor to begin work on October 18, 2022.
The Project is currently underway, however in an effort to avoid further delays staff is recommending the approval to Authorize the City Manager to Amend the agreements for Vendors Contracted on the Project to continue to provide Professional Services.
The Vendors contracted on the Project are:
1. Falcon Engineering Services, Inc.
2. Riverside Construction Company, Inc.
3. TSG Enterprise, Inc. DBA The Solis Group
4. David Evans and Associates, Inc.
5. Leighton Consulting, Inc.
6. Parsons Transportation Group
7. Department of California Highway Patrol
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report.
This alternative will minimize any further delays on the Construction of the S tate Route 60/Moreno Beach Interchange Phase 2 Improvements project.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the Construction of the State Route 60/Moreno Beach Interchange Phase 2 Improvements project.
FISCAL IMPACT
Chief Financial Officer is authorized to make any budget adjustments necessary based on amended agreements as long as the budget adjustments are reflected in the following quarterly budget review to Council. Funding to cover the amendments will come from the Surety for Spectrum Construction Group.
NOTIFICATION
Publication of the Agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Harold Zamora, PE Michael Lloyd, PE
Capital Projects Principal Engineer Public Works Director / City Engineer
Concurred By:
Melissa Walker, PE
Engineering Manager/Assistant City Engineer
CITY COUNCIL GOALS
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Public Safety. Provide a safe and secure environment for people and property in the community, con trol the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and fost er an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
Budget Officer Approval ✓ Approved . 11/10/22 2:05 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/10/22 2:19 PM
HISTORY:
11/15/22 City Council MEETING CANCELLED
Next: 12/06/22
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Report to City Council
ID#6017 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: December 6, 2022
TITLE: RESOLUTION OF THE CITY OF MORENO VALLEY
SERVING AS THE SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF MORENO VALLEY APPROV ING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE AND
ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY
1, 2023 THROUGH JUNE 30, 2024 (ROPS 23 -24) (RESO.
NO. SA 2022-XX)
RECOMMENDED ACTION
Recommendations: That the City Council as Successor Agency:
1. Adopt Resolution No. SA 2022-XX. A Resolution of the City Council of the City of Moreno Valley, California, serving as Successor Agency to the Community Redevelopment Agency of the City of Moreno Valley Approving the Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2023 through June 30, 2024 (ROPS 23 -24), and Authorizing the City Manager acting for the Successor Agency or his/her Designee to Make Modifications Thereto.
2. Authorize the City Manager acting for the Successor Agenc y or his Designee to make modifications to the Schedule.
3. Authorize the transmittal of the ROPS 23 -24, for the period of July 1, 2023 through June 30, 2024 (“Exhibit A”), including Administrative Budget (“Exhibit B”) for the said period, to the Countywide Oversight Board for County of Riverside for review and approval.
SUMMARY
This report recommends adoption of the Proposed Resolution approving the Recognized A.19
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Obligation Payment Schedule (ROPS 23 -24) including the Administrative Budget, for the period of July 1, 2023 through June 30, 2024.
As successor agency (“Successor Agency”) to the Community Redevelopment Agency (RDA) of the City of Moreno Valley, the City is responsible for winding down the affairs of the former RDA including disposing of its assets , making payments and performing other obligations owed for Enforceable Obligations. The Recognized Obligation Payment Schedules certain applicable periods provide the details necessary for the City serving as the Successor Agency to fulfill the former RDA ’s legally binding and enforceable agreements as required by law.
This item was noticed on the November 22, 2022 Finance Subcommittee agenda for review and discussion.
DISCUSSION
ABX1 26 requires the Successor Agency to approve a Recognized Obligation P ayment Schedule (“ROPS”) for each Fiscal Year. The required content of the ROPS, set forth in Health and Safety Code Section 34177(l)(1), details all of the Successor Agency’s legally binding and enforceable obligations, anticipated payments, and sources o f payments. Recognized obligations include bonds, loans, judgments, settlements, any legally binding and enforceable agreements or contracts, and contracts and agreements for agency administration or operation. AB 1484 further clarifies certain matters associated with the dissolution of RDAs and addresses substantive issues related to administrative processes, affordable housing activities, and repayment of loans from communities, use of existing bond proceeds, and the disposition or retention of Successor Agency assets.
In order to facilitate the wind down process, on behalf of the Successor Agency, the City Council has adopted the following Resolutions:
• Resolution No. 2012-13, adopted on February 28, 2012, approving a Recognized Obligation Payment Schedule for the period of January 1, 2012 through June 30, 2012.
• Resolution No. 2012 -22, adopted on April 10, 2012, approving a Second Recognized Obligation Payment Schedule for the period of July 1, 2012 through December 31, 2012.
• Resolution No. 2012 -71, ad opted on August 28, 2012, approving a Second Recognized Obligation Payment Schedule for the period of January 1, 2013 through June 30, 2013.
• Resolution No. SA 2013 -02, adopted on February 26, 2013, approving a Recognized Obligation Payment Schedule (ROPS 13-14 A) for the period of July 1, 2013 through December 31, 2013.
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• Resolution No. SA 2013 -09, adopted on September 24, 2013, approving a Recognized Obligation Payment Schedule (ROPS 13 -14 B) for the period of January 1, 2014 through June 30, 2014.
• Resolution No. SA 2014 -01, adopted on February 25, 2014, approving a Recognized Obligation Payment Schedule (ROPS 14 -15 A) for the period of July 1, 2014 through December 31, 2014.
• Resolution No. SA 2014 -02, adopted on September 23, 2014, approving a Recognized Obligation Payment Schedule (ROPS 14 -15 B) for the period of January 1, 2015 through June 30, 2015.
• Resolution No. SA 2015 -01, adopted on February 24, 2015, approving a Recognized Obligation Payment Schedule (ROPS 15 -16 A) for the period of July 1, 2015 through December 31, 2015.
• Resolution No. SA 2015 -02, adopted on September 22, 2015, approving a Recognized Obligation Payment Schedule (ROPS 15 -16 B) for the period of January 1, 2016 through June 30, 2016.
• Resolution No. SA 2016 -01, adopted on January 19, 2016, approving a Recognized Obligation Payment Schedule (ROPS 16-17) for the period of July 1, 2016 through June 30, 2017.
• Resolution No. SA 2016 -02, adopted on September 6, 2016, approving a Recognized Obligation Payment Schedule (ROPS 16 -17 B) for the period of January 1, 2017 through June 30, 2017.
• Resolution No. SA 2016 -04, adopted on December 12, 2016, approving a Recognized Obligation Payment Schedule (ROPS 17-18) for the period of July 1, 2017 through June 30, 2018.
• Resolution No. SA 2017 -05, adopted on September 19, 2017, approving a Recognized Obligation Payment Schedule (ROPS 17 -18 B) for the period of January 1, 2018 through June 30, 2018.
• Resolution No. SA 2018 -01, adopted on January 16, 2018, approving a Recognized Obligation Payment Schedule (ROPS 18-19) for the period of July 1, 2018 through June 30, 2019.
• Resolution No. SA 2018 -04, adopted on September 4, 2018, approving a Recognized Obligation Payment Schedule (ROPS 18 -19 B) for the period of January 1, 2019 through June 30, 2019.
• Resolution No. SA 2018 -06, adopted on December 18, 2018, approving a A.19
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Recognized Obligation Payment Schedule (ROPS 19-20) for the period of July 1, 2019 through June 30, 2020.
• Resolution No. SA 2019 -02, adopted on August 20, 2019, approving a Recognized Ob ligation Payment Schedule (ROPS 19 -20 B) for the period of January 1, 2020 through June 30, 2020.
• Resolution No. SA 2019 -03, adopted on December 3, 2019, approving a Recognized Obligation Payment Schedule (ROPS 20-21) for the period of July 1, 2020 through June 30, 2021.
• Resolution No. SA 2020 -02, adopted on July 7, 2020, approving a Recognized Obligation Payment Schedule (ROPS 20 -21 B) for the period of January 1, 2021 through June 30, 2021.
• Resolution No. SA 2021 -01, adopted on January 5, 2021, approvin g a Recognized Obligation Payment Schedule (ROPS 21-22) for the period of July 1, 2021 through June 30, 2022.
• Resolution No. SA 2021 -04, adopted on December 7, 2021, approving a Recognized Obligation Payment Schedule (ROPS 22-23) for the period of July 1, 2022 through June 30, 2023.
• Resolution No. SA 2022 -04, adopted on July 5, 2022, approving a Recognized Obligation Payment Schedule (ROPS 22 -23B) for the period of January 1, 2023 through June 30, 2023.
Once approved, the ROPS 23 -24 will be submitted to the Successor Agency’s Countywide Oversight Board for the County of Riverside (“Oversight Board”) for review and approval. Upon approval by the Oversight Board, a copy of the approved ROPS will be transmitted to the County -Auditor Controller, the State Co ntroller’s Office, the State Department of Finance, and posted to the City’s website.
ALTERNATIVES
1. Adopt the attached proposed resolution, which approves the Recognized Obligation Payment Schedule, including the administrative budget for the period of July 1, 2023 through June 30, 2024 and authorizing the transmittal of said Schedules to the Oversight Board for review and approval. Staff recommends this alternative because it allows the City serving as the Successor Agency to make required debt service payments in accordance with State legislation.
2. Decline to adopt the attached proposed resolution which would not allow the City, serving as the Successor Agency, to maintain the operations, and fulfill debt obligations of the former RDA as required by law. Staff does not recommend this alternative.
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FISCAL IMPACT
The Recognized Obligation Payment Schedule provides the details necessary for the City serving as the Successor Agency to fulfill the former RDA’s legally binding and enforceable agreements. The ROPS 23-24 will serve as authorization to pay obligations listed during the noted period including allowable administrative costs of $250,000. With the dissolution of the former RDA, there are continued risks that the payment of certain agreements may not be approved by the California Department of Finance, which will impact the General Fund. When these costs can be considered a short -term loan from the City to the Successor Agency and thus considered an enforceable obligation of the Successor Agency, the City shall seek reimbursement as available.
NOTIFICATION
The agenda for the meeting during which this item may be considered has been posted in the three locations that have been designated for the posting of City Council agendas, in compliance with the Brown Act.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Launa Jimenez Brian Mohan
Financial Resources Division Manager Assistant City Manager/Chief Financial Officer
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. SA Resolution 2022-XX with Exhibits
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APPROVALS
Budget Officer Approval ✓ Approved . 11/23/22 8:04 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/23/22 9:33 AM A.19
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1 Resolution No. SA 2022-XX
Date Adopted: December 6, 2022
RESOLUTION NO. SA 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, SERVING AS
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF MORENO
VALLEY APPROVING THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET
FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30,
2024 (ROPS 23-24), AND AUTHORIZING THE CITY
MANAGER ACTING FOR THE SUCCESSOR AGENCY OR
HIS/HER DESIGNEE TO MAKE MINOR MODIFICATIONS
THERETO
WHEREAS, the City Council of the City of Moreno Valley agreed to serve as successor agency to the Community Redevelopment Agency of the City of Moreno Valley (“Former RDA”) commencing upon dissolution of the Former RDA on February 1, 2012 pursuant to Assembly Bill x1 26, as amended by AB 1484; and WHEREAS, pursuant to Health and Safety Code Section 34177(l), before each fiscal period, the successor agency to a dissolved redevelopment agency such as the Former RDA is required to adopt a draft Recognized Obligation Payment Schedule (“ROPS”) that lists all of the obligations that are “enforceable obligations” within the meaning of Health and Safety Code Section 34171, and which identifies a source of payment for each such obligation from among (i) the Low and Moderate Income Housing Fund; (ii) bond proceeds; (iii) reserve balances; (iv) the administrative cost allowance; (v) revenues from rents, concessions, interest earnings, and asset sales; and (vi) the Redevelopment Property Tax Trust Fund established by the County Auditor-Controller to the extent no other source of funding is available or payment from property tax is contractually or statutorily required; and
WHEREAS, the City of Moreno Valley (“City”), acting as the successor agency t o the Former RDA (“Successor Agency”) has prepared a ROPS and an administrative budget covering the period July 1, 2023 through June 30, 2024 (“ROPS 23-24”); and
WHEREAS, the draft ROPS must be concurrently submitted to the County Administrative Officer, the County Auditor -Controller, the State Department of Finance, and the Countywide Oversight Board for County of Riverside (“Oversight Board”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, SERVING AS THE SUCCESSOR AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE 2 Resolution No. SA 2022-XX
Date Adopted: December 6, 2022
SECTION 1. RECITALS
That the foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution.
SECTION 2. APPROVAL OF ROPS 23-24 AND ADMINISTRATIVE
BUDGET
That the City Council acting on behalf of the Successor Agency hereby approve and adopt ROPS 23-24 and the related administrative budget , in substantially the form attached hereto as Exhibit “A” and Exhibit “B”, respectively.
SECTION 3. TRANSMITTAL
That City staff, acting for the Successor Agency, is directed to transmit the ROPS 23-24 to the Oversig ht Board, County Administrative Officer, the County Auditor - Controller, and the State Department of Finance.
Section 4. OTHER ACTS
That the City Manager, acting for the Successor Agency, or his/her designee is hereby authorized to make minor modifications to the ROPS 23-24, and each officer of the City, acting for the Successor Agency, is hereby authorized and directed, jointly and severally, to execute and deliver such documents and instruments and to do such things which may be necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified, approved and confirmed. Such acts shall include, but shall not be limited to, reformatting of the ROPS 23-24 as may be required by the Department of Finance or Oversight Board.
Section 5. SEVERABILITY
That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council acting for the Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon adoption.
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE 3 Resolution No. SA 2022-XX
Date Adopted: December 6, 2022
Section 7. CERTIFICATION
That the City Clerk acting for the Successor Agency shall certify to the passage of this Resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 6th day of December 2022.
___________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
acting for Successor Agency
ATTEST:
_______________________________
Jane Halstead, City Clerk
acting for Successor Agency
APPROVED AS TO FORM:
__________________________________
Steve Quintanilla, Interim City Attorney
acting for Successor Agency
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE 4 Resolution No. SA 2022-XX
Date Adopted: December 6, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. SA 2022-__ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 6th day of December, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
JANE HALSTEAD CITY CLERK
(SEAL)
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE 5 Resolution No. SA 2022-XX
Date Adopted: December 6, 2022
EXHIBIT “A”
R
OPS 23-24 COVERING JULY 1, 2023 THROUGH JUNE 30, 2024
SEE A
TTACHED
A.19.a
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE Recognized Obligation Payment Schedule (ROPS 23-24) -
Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Moreno Valley
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS
23-24 Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,660,607.50 $ 1,642,291.50 $ 3,302,899 F RPTTF 1,535,607.50 1,517,291.50 3,052,899
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,660,607.50 $ 1,642,291.50 $ 3,302,899 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE Moreno Valley
Recognized Obligation Payment Schedule (ROPS 23-24) -
ROPS Detail July 1, 2023 through June 30, 2024
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$56,902,442 $3,302,899 $- $- $- $1,535,607.50 $125,000 $1,660,607.50 $- $- $- $1,517,291.50 $125,000 $1,642,291.50 2 2007 Special
Tax
Refunding
Bonds -
Towngate
87-1
Bonds
Issued On
or Before
12/31/10
11/29/
2007
12/01/2021 Wells Fargo Bank Debt
service
payments
for bonds
issued to
finance the
acquisition
of public
facilities
Original
Area
- Y $- - - - - - $- - - - - - $-
3 Improvement
Area No. 1
Special Tax
Refunding
Bonds
Bonds
Issued On
or Before
12/31/10
11/29/
2007
10/01/2023 W
ells Fargo Bank Debt
service
payments
for bonds
issued to
finance the
construction
of public
facilities
Original
Area
67,153 N $67,153 - - $33,576.50- 33,576.50 - - - 33,576.50 - $33,576.50 5 2011
Refunding of
97 LRB
Bonds
Revenue
Bonds
Issued After
12/31/10
01/01/
2011
11/01/2022 Bank of America Debt
service
payments
for bonds
issued to
finance the
construction
of a public
facility
Original
Area
- N $- - - - - - $- - - - - - $- 13 CalPERS
Retirement
Liability
Unfunded
Liabilities
07/01/
2012
07/01/2031 The California Public
Employees' Retirement
System (CalPERS)
Unfunded
PERS
Retirement
Liability
Acct
Original
Area
193,971 N $13,855 - - - 13,855 - $13,855 - - - - - $-
14 Retiree
Medical
Trust
(CERBT)
Unfunded
Liabilities
07/01/
2012
07/01/2031 California Employers'
Retiree Medical
Trust(CERBT)/CalPERS
Unfunded
Retiree
Medical
Trust Acct
Original
Area
62,466 N $4,461 - - - 4,461 - $4,461 - - - - - $-
17 Towngate
Acquisition
Note
Third-Party
Loans
05/03/
2004
06/30/2044 City of Moreno Valley Participation
Agreement
Original
Area
17,426,841 N $1,400,000 - - - 700,000 - $700,000 - - - 700,000 - $700,000 19 Robertson's
Ready Mix,
Inc. OPA
OP
A/DDA/
Construction
09/26/
2006
06/30/2023 Robertson's Ready Mix,
Inc.
Owner
Participation
Agreement
Original
Area
857,011 N $60,550 - - - 30,275 - $30,275 - - - 30,275 - $30,275 A.19.a
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
24 Payroll
Costs/
Operating
Costs
Admin
Costs
01/01/
2015
06/30/2018 City of Moreno Valley/
Employees
Successor
Agency's
Payroll &
Operating
Costs
Original
Area
250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 88 2017
Refunding of
the 2007 Tax
Allocation
Bonds
Series A
Refunding
Bonds
Issued After
6/27/12
08/23/
2017
08/01/2038 Wells Fargo Bank Debt
service
payments
for bonds
issued to
finance
various
capital
projects
38,045,000 N
$1,506,880 - - - 753,440 - $753,440 - - - 753,440 - $753,440 A.19.a
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE Moreno Valley
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash
Balances (07/01/20 -
06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual
07/01/20) RPTTF amount should exclude "A"
period distribution amount.
- - - -
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 19-20 total
distribution from the County
Auditor-Controller
- - - 3,434,783
3 Expenditures for ROPS 20-21
Enforceable Obligations (Actual 06/30/21)
- - - - 3,684,658
4 Retention of Available Cash Balance (Actual
06/30/21) RPTTF amount retained should only include
the amounts distributed as reserve for future period(s) - - - - -
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS
20-21 PPA form submitted to the CAC
No entry required
201,520
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $ $(451,395)
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF Moreno Valley
Recognized Obligation Payment Schedule (ROPS 23-24)
- Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
2 Will be retired 12/1/2021. Reserves will pay final debt service payment. 3 5
13 14
17 19
24 88
Final maturity was 11/1/22; RPTTF for final payment received in 22/23 ROPS A.19.a
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE 6 Resolution No. SA 2022-XX
Date Adopted: December 6, 2022
EXHIBIT “B”
ADMINISTRATION BUDGET COVERING JULY 1, 2023 THROUGH JUNE 30, 2024
SEE ATTACHED
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE Expense Classifications
FY 2022/23 Amended
Budget
FY 2023/24
Proposed Budget
Salaries/Benefits 117,931$ 117,931$ Professional Services 125,269 125,269
Administrative Expenses 6,800 6,800
Total Administrative Budget 250,000$ 250,000$ Administrative Budget
Exhibit "B"
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Attachment: SA Resolution 2022-XX with Exhibits [Revision 2] (6017 : RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE
Report to City Council
ID#6025 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: December 6, 2022
TITLE: APPROVE FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES FOR CITYWIDE GENERAL
NUISANCE ABATEMENT SERVICES (AGMT NO. 2019 -
119)
RECOMMENDED ACTION
Recommendations:
1. Approve the First Amendment to the Agreement for professional services with Inland Empire Property Service, Inc;
2. Authorize the City Manager to execute the First Amendment to the Agreement for professional services with Inland E mpire Property Service for citywide general nuisance and hazard abatement services;
3. Authorize an increase in the Purchase Order for Inland Empire Property Services, Inc. in the amount of $275,000 for a total not -to-exceed of $775,000 once the First Amendment has been signed by all parties; and
4. Authorize the City Manager to execute any subsequent related extensions or Amendments to the Agreement, including the authority to authorize associated purchase orders in accordance with the terms of the Agreement, subject to approval of the City Attorney and the approved budget by City Council.
SUMMARY
This report recommends approval of the First Amendment to the Agreement for On -Site and/or Professional Services with Inland Empire Property Service, Inc. in an amount not-to-exceed $775,000 for the remainder of the five -year term of the Agreement, in order to continue providing general nuisance and hazard abatement services through the duration of the Agreement June 30, 2024.
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The City recovers the cost for hazard abatement services through property levies on the Riverside County Property Tax Roll each year. There is no additional impact on the General Fund.
DISCUSSION
The City has adopted codes that govern the use and maintenance of private property in order to enhance and protect the health, safety, and general welfare of the residents of Moreno Valley. Nuisance and hazard abatement services are required throughout the City by various Divisions, including Code & Neighborhood Services, Facilities Maintenance, Fire Prevention, Maintenance & Operations, Moreno Valley Electric Utility, and Parks Maintenance.
In June 2019, the Mayor and City Council awarded an Agreement for On -Site and/ or Professional Services for citywide general nuisance abatement services with a not-to- exceed fee of $500,000. The contract is designed for use by all relevant department divisions and is currently managed by the Financial & Management Services Department Purchasing Division.
Prior to the June 2019 citywide Agreement, in December 2 017, the Mayor and City Council approved an Agreement for hazard abatement services with Inland Empire Property Service, Inc. specifically for the Fire Department Fire Prevention Division , which expired on June 30, 2022.
Staff is recommending approval of the First Amendment for Professional Services with Inland Empire Services, Inc. to continue providing services for the duration of the agreement, amend Exhibit A to provide clarifying language for the scope of services, and amend Exhibit B to add language expanding City department responsibilities by specifying the authorization of work processes.
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this report. Staff recommends this alternative as it will facilitate uninterrupted g eneral nuisance and hazard abatement services citywide.
2. Do not approve and authorize the recommended actions in this report. Staff does not recommend this alternative as it would cause interruption in the City’s general nuisance and hazard abatement services.
FISCAL IMPACT
The City recovers the cost for hazard abatement services through property levies on the Riverside County Property Tax Roll each year. Appropriations for nuisance and hazard abatement services contracted for by each department varies f rom year to year and are appropriated during the budget approval process. There is no additional impact on the A.20
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General Fund.
NOTIFICATION
Posting of the Agenda for the City Council meeting.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Shanna Palau Brian Mohan
Senior Contracts Analyst Assistant City Manager
Concurred By:
Felicia London
Purchasing & Sustainability Division Manager
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the developmen t of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neigh borhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. First Amenment to agreement for Inland Empire Property Services, Inc.
APPROVALS
Budget Officer Approval ✓ Approved . 11/23/22 9:52 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/28/22 4:02 PM A.20
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FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
The First Amendment to Agreement is by and between the CITY OF MORENO VALLEY, a municipal corporation, hereinafter referred to as “City,” and Inland Empire Property Services Inc., hereinafter referred to as “ Contractor.” This First Amendment to Agreement is made and entered into effective on the date the City signs this Amendment.
RECITALS:
Whereas, the City and Contractor entered into an Agreement entitled “AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES,” hereinafter referred to as “Agreement,” dated September 1, 2019.
Whereas, the Contractor is providing professional general nuisance abatement services as required by City Ordinance.
Whereas, it is desirable to amend the Agreement to expand and clarify the scope of the work to be performed by the Contractor as is more particularly described in Section 1 of this First Amendment.
Whereas, it is desirable to amend the Agreement to expand and clarify City Responsibilities as is more particularly described in Section 1 of this First Amendment.
Whereas, it is desirable to amend the Agreement to increase the “ Not to Exceed” limit as is more particularly described in Section 1 of this First Amendment.
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:
1.1 Exhibit “A” of the Agreement is hereby amended by adding clarifying language to the Contractor’s Scope of Services. See Exhibit A.
1.2 Exhibit “B” of the Agreement is hereby amended by adding language which expands City Responsibilities. See Exhibit B.
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
1.3 Exhibit “C” of the Agreement is hereby amended by changing the total “Not-to- Exceed” fee for this contract to $775,000 ($500,000 for the original Agreement plus $275,000 for the First Amendment to Agreement).
SECTION 2
2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
SIGNATURE PAGE TO FOLLOW
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Inland Empire Property Services, Inc.
By: ____________________________ By: __________________________ Mike Lee, City Manager
Title: _________________________
Date: ______________________ (President of Vice President) Date: _________________________
Attachments:
Exhibit A of First Amendment to Agreement
Exhibit B of First Amendment to Agreement
Exhibit C of First Amendment to Agreement
By: __________________________
Title: _________________________
(Corporate Secretary)
Date: ________________________
INTERNAL USE ONLY
APPROVED AS TO FORM:
___________________________
City Attorney
___________________________
Date
RECOMMENDED FOR
APPROVAL:
___________________________
Department Head
___________________________
Date
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
EXHIBIT A
CONTRACTOR’S SCOPE OF SERVICE
1. This Agreement is for citywide nuisance abatement services. Contractor shall provide, at its own e xpense, all labor, material, and equipment necessary to safely and effectively perform nuisance abatement services.
2. To maintain consistency in the cost of abatement services performed, Contractor agrees to adhere to adhere the pricing standards as stated in Exhibit D (Inland Empire Pricing List).
3. Quotes and proposals must be prepared in accordance with the request for service and be submitted to the City department representative prior to work being performed unless otherwise directed.
4. Nuisance and hazard abatement work will commence upon documented approval from a City department representative. Once commenced, a ll nuisance abatement work will continue without stoppage until complete. Most work must be complete within 7 -days unless approved by City.
5. Work may include, but is not limited to, clearing and hauling weeds and debris; boarding up windows and door openings; and other general nuisance abatement.
6. All materials and completed work must meet local, county, state and federal codes and regulations. The Contractor will apply for and obtain all necessary City permits.
7. The contractor shall maintain and provide upon request, documentation for the following:
a. Total man hours spent performing handwork (such as timesheets). b. Receipts for landfill use
8. The Contractor shall also provide a 24-Hour emergency contact phone number.
9. Upon completion of approved nuisance abatement work, t he Contractor will provide an Abatement Package that will include the itemized invoice detailing all work performed, at least four (4) before and after photographs containing dates, and a map of the parcel.
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
EXHIBIT B
City’s Responsibilities
1. The City of Moreno Valley is responsible for providing requests for service, access to sites to perform estimates and/or work and facilitating site visits.
2. Provide escorts at sites that require the presence of a City employee during work periods.
3. Authorized departments will p rovide purchase orders or other written authorization to confirm the approval of work.
4. Provide materials when the scope of work so indicates.
5. Fund all required City permits, excluding a City of Moreno Valley business license.
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
EXHIBIT C
Terms of Payment
1. The Contractor's compensation shall not exceed $775,000.00 over the total time period of the Agreement unless modified by an Amendment signed by all parties.
2. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml
3. The Contractor will electronica lly submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final.
The Contractor will submit all original invoices to Accounts Payable staff at [email protected]
Accounts Payable questions can be directed to (951) 413-3073.
Copies of invoices may be submitted to the Purchasing Division at [email protected] or calls directed to (951) 413- 3190.
3. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at: http://www.moval.org/city_hall/forms.shtml#bf
4. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
FIRST AMENDMENT TO AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
7. Reimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
8. Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pu rsuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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Attachment: First Amenment to agreement for Inland Empire Property Services, Inc. (6025 : APPROVE FIRST AMENDMENT TO AGREEMENT
Report to City Council
ID#6021 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Jeremy Bubnick, Parks & Community Services Director
AGENDA DATE: December 6, 2022
TITLE: AUTHORIZE AN AGREEMENT WITH MIRACLE
RECREATION EQUIPMENT COMPANY FOR THE
PURCHASE AND INSTALLATION OF PLAYGROUND
EQUIPMENT FOR PARQUE AMISTAD AND HIDDEN
SPRINGS PARK (PROJECT NO. 807 0004 50 57-3016).
RECOMMENDED ACTION
Recommendations:
1. Authorize an agreement with Miracle Recreation Equipment Company for the purchase and installation of Miracle Playground Equipment for Parque Amistad and Hidden Springs Park.
2. Authorize the issuance of a purchase order to Miracle Recreation Equipme nt Company for an amount up to $422,787.85 (bid amount plus a 10% contingency) upon full execution of the agreement.
3. Authorize the Executive Director to execute the Agreement with Miracle Recreation Equipment and any subsequent related Extensions or Ame ndments to the Agreement and change orders to the contract, subject to the approval of the City Attorney.
SUMMARY
This report recommends entering into an agreement with Miracle Recreation Equipment Company for the purchase and installation of replacement playground equipment at Parque Amistad and Hidden Springs Park (Project No. 807 0004 50 57-3016).
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City Staff recommends utilizing the cooperative purchase agreement between Sourcewell and PlayPower, Inc. (parent company for Miracle Recreation Equipment Company) in lieu of formal bidding, for the purchase and installation of Miracle Playground Equipment to replace the existing playground equipment as identified in City of Moreno Valley’s Capital Improvement Plan for FY 2021-22 and 2022-23.
DISCUSSION
On June 1, 2021, the City Council approved the Capital Improvement Plan Budget for Fiscal Year FY 2021 -22 & 2022-23 that included a Playground Replacement Project at Various Parks (Project No. 807 0004 50 57-3016).
The playground replacement project is inte nded to provide playground upgrades that comply to the Consumer Product Safety Commission (CPSC) regulations at various parks throughout the City. The two proposed locations are Parque Amistad and Hidden Springs Park. The scope of the project includes the removal of the existing playground equipment and installation of new playground equipment from Miracle Recreation Equipment Company. Miracle Recreation Equipment Company is a leading producer of innovative, durable, and inclusive play spaces for a variety of needs. Additionally, Miracle Recreation Equipment Company is part of the Parks and Community Services Department’s specified standards for playgrounds.
City staff is recommending the use of a cooperative agreement between Sourcewell and PlayPower, Inc. (parent company of Miracle Recreation Equipment Company) in lieu of formal bidding, and as justification for entering into an agreement with Miracle Playground Equipment for this project.
The Sourcewell Contract #01521 -LTS was competitively solicited a nd awarded to PlayPower Inc. (parent company of Miracle Recreational Equipment Company) thru RFP#010521 on February 15, 2021, and expires on February 17, 2025. Per the Moreno Valley Municipal Code, Section 3.12.260, “Where advantageous for the city and to the extent consistent with state law, the City Manager may authorize the Financial & Administrative Services Director or the Purchasing Manager to purchase supplies, materials, equipment or contractual services through legal, competitively awarded contracts with or of other governmental jurisdictions or public agencies, including California Multiple Award Schedules (CMAS) commonly referred to as “piggybacking,” without further contracting, solicitation or formal bidding as described in this chapter. (Ord. 844 § 2,2012)”.
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this Staff Report. Staff recommends this alternative as it will allow for timely completion of the playground replacement projects at Parque Amistad and Hidden Springs Park.
2. Do not approve and authorize the recommended actions presented in this staff A.21
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report and provide further direction to staff. Staff does not recommend this alternative as it will delay the playground replacement projects at Parque Amistad and Hidden Springs Park.
FISCAL IMPACT
This project is funded by Quimby In-Lieu Park Fees (Fund 2019). Budgeted in PCS Capital Proj. (Quimby) fund 3016. There is no impact to the General Fund.
Description Fund GL Account
Project Number
Type FY 22/23
Budget
Proposed
Amendments
FY 22/23
Amended
Budget
CIP
3016
PCS CAPITAL
PROJ
(QUIMBY)
3016-50-57-80007-720199
Proj. No.
807 0004-50-57-3016-99
Exp
$409,437
$13,351
$422,788
Transfer In
from
Quimby In-
Lieu Park
Fees
3016
PCS CAPITAL
PROJ
(QUIMBY)
3016-99-99-93016-802019
Rev
$0
$13,351
$13,351
Transfer to
PCS CAP
Project
(Quimby)
2019
Quimby In -Lieu
Park Fees
2019-99-99-92019-903016
Exp
$0
$13,351
$13,351
PROJECT BUDGET:
PCS Capital Projects (Park Improvements)
(Account 3016-50-57-80007-xxxxxx) (Project No. 807 0004 50 57-3016-06) Playground Equipment Agreement… ......................................................................................... $384,352.59 Contingency … .............................................................................................................................. $ 38,435.26 Total Project Funds ........................................................................................................ $422,787.85 ANTICIPATED PROJECT SCHEDULE:
Notice to Proceed ........................................................................................ December 2022 Start of Construction .................................................................................… August 2023 Construction Completion…………………………………………………………October 2023
NOTIFICATION
Posting of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Dan Monto Jeremy Bubnick
Acting Parks Superintendent Parks and Community Services Director
A.21
Packet Pg. 629
Concurred By:
Patty Yhuit
Sr. Management Analyst
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will re sult in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.
Objective 5.5: Promote a healthy community and lifestyle.
Objective 6.2: Improve health, wellness and fitness for Moreno Valley youth through recreation and sports programs.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Parque Amistad Proposal
2. Hidden Springs Park Proposal
3. Sourcewell PlayPower Contract 010521
4. Agreement - Miracle Recreation Equipment Company
APPROVALS
Budget Officer Approval ✓ Approved . 11/23/22 8:05 AM A.21
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City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/23/22 9:33 AM A.21
Packet Pg. 631
Parque Amistad
Moreno Valley, CA
9106 Pulsar Ct.
Suite C
Corona CA, 92883
A.21.a
Packet Pg. 632
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND R0036_44477593419
A.21.a
Packet Pg. 633
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND R0036_44477593419
A.21.a
Packet Pg. 634
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND R0036_44477593419
A.21.a
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Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND R0036_44477593419
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Packet Pg. 636
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND 48, 120
8' MIN
AN ENERG
Y
ABSORBING PROTECTIVE SUR
F
ACE
IS REQUIRED UNDER &
AROUND
AL
L
PL
A
Y
SYSTEMS
GROUND S
P
ACE:
PROTECTIVE
AREA:
DR
A
WN B
Y
:
D
A
TE:
PHONE NO:
F
AX NO:
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe pla
y
.
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
THE PL
A
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEM
A
CE
R
TIFIED.
THE USE
AND
L
A
YOU
T
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
R0036_44477593419
Moreno
V
alle
y
, CA
Parque
Amistad
(877) 215
-
3869
(800) 264
-
7225 x102
Corona,CA
9106 Pulsar Ct
10/
1 1/2021
Bryce Lawrence
70'
-
6" x 60'
-
0"
58'
-
0" x 51'
-
6"
MIRACLE PL
A
YGROUND SALES, INC.
ELE
V
A
TED PL
A
Y
ACTIVITIES
-
T
O
T
AL:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
TRANSFER:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
RAMP:
GROUND LEVE
L
ACTIVIT
Y
TYPE:
GROUND LEVE
L
QUANTIT
Y
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5 -
12 3
3 5
0 10
19 6
0 7
A.21.a
Packet Pg. 637
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE
QUOTATION
Date
10/12/2021
Quotation #
2021-20377
Name/Billing Address
City of Moreno Valley
Ship To
Miracle Recreation Equipment Co
PO Box 734154
Dallas TX 75373-4154
Project
Parque Amistad
Terms
Net 30
Rep
CS
FOB
This Quote is Valid for 30 Days
Signature
Phone #800-264-7225
Fax # 951-676-8706
E-mail [email protected]
Web Site www.miracle-recreation.com
Total
Subtotal
Sales Tax (7.75%)
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as materials alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net 30 days from invoice with approved credit and all charges are due and payable in full at PO Box 734154 Dallas TX 75373-4154 unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the equipment at its own expense. Purchase orders and payments should be made to Miracle Recreation.
EFFECTIVE 10/1/18
WE HAVE A NEW
REMITTANCE ADDRESS!
ALL PURCHASE ORDERS &
PAYMENTS MUST BE MADE
OUT TO:
Miracle Recreation Equipment Co
PO Box 734154
Dallas, TX 75373-4154
Item Description Qty Rate Total
Miracle Miracle 5-12 Play Structure with 2 Bay Swing to Fit Existing Area
1 98,133.00 98,133.00T
Freight Commercial Freight 1 7,058.00 7,058.00
EXCLUSIONS Footing calculations for playground equipment can be added for an additional fee if required, unloading, storage,
installation, site work, safety surfacing
0.00 0.00
_____________________________________
This quote shall not become binding until signed and delivered by both customer and Miracle Recreation "Miracle". To submit this offer, please sign and forward a complete copy of this quote via fax to 877-215-3869 or email [email protected]. $112,796.31
$105,191.00
$7,605.31
A.21.a
Packet Pg. 638
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE Estimate
Date
10/12/2021
Estimate #
10-4169
Name / Address
City of Moreno Valley
The Fibar Group LLC
80 Business Park Dr
Suite 300
Armonk, NY 10504-1705
Project
Parque Amistad
Terms
Net 30
Rep
Char
FOB
Factory
This quote is valid for 30 days
Signature
Phone # 800-264-7225 Fax # 877-215-3869
E-mail [email protected]
Web Site www.fibar.com
Total
Subtotal
Sales Tax (7.75%)
Item Description Qty Rate Total
Fibar Fibar System 312 for 3829 Sqft
Includes:
Engineered Wood Fiber
Fibar Felt
Fibar Drain
(6) Fibar Mats
1 8,860.00 8,860.00T
Freight Commercial Freight 1 732.00 732.00
Installation Blow In Installation 1 5,348.00 5,348.00T
Blow In Exclusions EXCLUDES: Storage, site work,Installation of under layments, fees & permits. NOTE: Blow In Truck needs to be within 250 feet of area to blow in Other Fibar components; mats, Fibar Drain, Fibar cloth are delivered by common carrier.
0.00 0.00T
_____________________________________
Terms: all Muncipalities and School Districts have Net 30 t erms. All other agencies need to apply for credit terms and will be issued termed after cr edit review. Deposits are generally required.
CREDIT CARD PAYMENTS ARE ACCEPTED AND WILL BE CHARGED AN ADDITIONAL 3% FEE. $16,041.12
$14,940.00
$1,101.12
A.21.a
Packet Pg. 639
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE QUOTE
DATE
10/6/2021
QUOTE #
2021-1034
NAME / ADDRESS
CITY OF MORENO VALLEY
14177 FREDERICK ST.
P.O. BOX 88005
MORENO VALLEY, CA 92552-0805
ORTCO, INC.
PROJECT
PARQUE AMISTAD
IF YOU HAVE ANY QUESTIONS PLEASE CALL BILLY POLICE
AT 714.998.3998
SIGNATURE
TOTAL
714 998-3998
714 998-3996 Fax
DIR #1000001641
License #657695
2163 N. Glassell Street
Orange, CA 92865
ITEM DESCRIPTION QTY COST TOTAL
DEMO DEMO AND DISPOSE OF EXISTING EQUIPMENT 4,500.00 4,500.00 DEMO DEMO AND DISPOSE OF EXISTING RUBBER AND SUB BASE MATERIALS.
APPROXIMATELY 1,020 SQFT.
8,160.00 8,160.00
DEMO DEMO AND DISPOSE OF EXISTING WOOD CHIPS. APPROXIMATELY 2,809 SQFT.
4,213.00 4,213.00
RAMP CONSTRUCT ADA FLUCTUATION RAMP 1,050.00 1,050.00
INSTALL INSTALLATION ONLY OF MIRACLE RECREATION EQUIPMENT - REFER TO MREC DRAWING R0036_44477593419
TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. ORTCO IS
A MREC CERTIFIED INSTALLER
45,795.00 45,795.00
FIBAR INSTALLATION ONLY OF FIBAR 312 SYSTEM. APPROXIMATELY 3,829 SQFT. FABRIC UNDERLAYMENT AND SUPERVISE BLOW IN SERVICE. 4,329.00 4,329.00
EXCLUSIONS EXCLUSIONS: DELIVERY/UNLOADING, DEMO AND/OR REMOVAL OF
ANY EXISTING EQUIPMENT OR STRUCTURES, SAFETY SURFACING, ASPHALT, CONCRETE, BORDERS, CURBS, SUB-BASE AND COMPACTION.
ANY OTHER ITEMS OTHER THAN THOSE SPECIFICALLY STATED IN THIS QUOTE. PERMITS NOT INCLUDED. AREA TO BE CLEAR & LEVEL.
UNDERGROUND UTILITIES MUST BE MARKED. NOT RESPONSIBLE FOR DELAYS CAUSED BY WEATHER.
A.21.a
Packet Pg. 640
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE QUOTE
DATE
10/6/2021
QUOTE #
2021-1034
NAME / ADDRESS
CITY OF MORENO VALLEY
14177 FREDERICK ST.
P.O. BOX 88005
MORENO VALLEY, CA 92552-0805
ORTCO, INC.
PROJECT
PARQUE AMISTAD
IF YOU HAVE ANY QUESTIONS PLEASE CALL BILLY POLICE
AT 714.998.3998
SIGNATURE
TOTAL
714 998-3998
714 998-3996 Fax
DIR #1000001641
License #657695
2163 N. Glassell Street
Orange, CA 92865
ITEM DESCRIPTION QTY COST TOTAL
DIR REQUIREME... WHEN REQUIRING CERTIFIED PAYROLL TO BE UPLOADED ON THE DIR
WEBSITE, PLEASE FORWARD YOUR DIR PROJECT NUMBER TO US ALONG
WITH YOUR PO BEFORE COMMENCEMENT OF THE PROJECT SO WE MAKE
SURE WE ARE COMPLIANT IN SUBMITTING ALL PAYROLLS IN A TIMELY MANNER.
ADDTL INSURA... DIRECT COST FOR ANY ADDITIONAL INSURANCE ABOVE AND BEYOND 1
MILLION FOR GL, WC, AUTO, AND UMBRELLA WILL BE CHARGED
DIRECTLY TO CUSTOMER , IF REQUIRED BY CONTRACT.
PRICES PRICES ARE GOOD FOR 60 DAYS
_____________________________________
$68,047.00
A.21.a
Packet Pg. 641
Attachment: Parque Amistad Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR THE Hidden Springs Park -
Moreno Valley -
Miracle Play Structure
A.21.b
Packet Pg. 642
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR A.21.b
Packet Pg. 643
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN A.21.b
Packet Pg. 644
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN A.21.b
Packet Pg. 645
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN A.21.b
Packet Pg. 646
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN 48, 120
8'
AN ENERG
Y
ABSORBING PROTECTIVE SUR
F
ACE
IS REQUIRED UNDER &
AROUND
AL
L
PL
A
Y
SYSTEMS
GROUND S
P
ACE:
PROTECTIVE
AREA:
DR
A
WN B
Y
:
D
A
TE:
PHONE NO:
F
AX NO:
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe pla
y
.
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
THE PL
A
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEM
A
CE
R
TIFIED.
THE USE
AND
L
A
YOU
T
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
R0036_44460632714
Moreno
V
alle
y
, CA
Hidden Springs Park
(877) 215
-
3869
(800) 264
-
7225 x102
Corona,CA
9106 Pulsar Ct
9/21/2021
Bryce Lawrence
69'
-
6" x 48'
-
6"
57'
-
0" x 42'
-
0"
MIRACLE PL
A
YGROUND SALES, INC.
ELE
V
A
TED PL
A
Y
ACTIVITIES
-
T
O
T
AL:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
TRANSFER:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
RAMP:
GROUND LEVE
L
ACTIVIT
Y
TYPE:
GROUND LEVE
L
QUANTIT
Y
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5 -
12 4
3 6
0 12
14 4
0 7
A.21.b
Packet Pg. 647
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate NumberMREC 2846
Estimate Date Sep 29, 2022
Expiration Date Dec 28, 2022
Customer Moreno Valley - Where dreams soar
Name Daniel Monto
Phone +19514133711
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Hidden Springs Park - Moreno Valley - Miracle Play Structure Description Quantity Total
MREC 5-12
Miracle 5-12 Play Structure with Freestanding Swings
and
Miracle Museum Drawing Number
R0036_44460632714
1 $92,172.00
Fibar
Fibar System 312 for 3431 Sqft at 12" Depth
Includes:
Engineered Wood Fiber
Fibar Felt
Fibar Drain
(7) Fibar Mats
1 $9,643.75
$101,815.75
A.21.b
Packet Pg. 648
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR $7,890.727.75% Sales Tax
Product Total $109,706.47
Description Quantity Rate
Freight Miracle
Shipping and Handling Charges for Miracle Recreation
Equipment. All prices are FOB Monett MO.
1 $6,921.00
$6,921.00
Fibar
Freight Fibar 1 $864.96
Blow In Installation 1 $5,651.92
$6,516.88
Installation
Mobilization
Mobilize Equipment and Materials
1 $1,590.00
Demolition
DEMO AND DISPOSE OF EXISTING EQUIPMENT
1 $3,710.00
Demolition
DEMO AND DISPOSE OF EXISTING WOOD CHIPS.
APPROXIMATELY 3,431 SQFT.
1 $5,454.76
Installation
INSTALLATION ONLY OF MIRACLE RECREATION
EQUIPMENT - REFER TO MREC DRAWING
R0036_44460632714 TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A MREC
CERTIFIED INSTALLER
1 $43,846.90
Surfacing
INSTALLATION ONLY OF FIBAR 312 SYSTEM.
APPROXIMATELY 3,431 SQFT. FABRIC UNDERLAYMENT
AND SUPERVISE BLOW IN SERVICE.
1 $4,134.00
$58,735.66
A.21.b
Packet Pg. 649
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR $0.00Tax
Shipping, Handling and Non Taxable Services Total $72,173.54 Pricing based on Miracle Recreation's Sourcewell contract #01521-LTS (formerly known as NJPA)
Grand Total $181,880.01
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.
A.21.b
Packet Pg. 650
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR All installation services quoted above are by ORTCO, INC.
License #657695
DIR #1000001641
Ortco is a factory-certified installer for Miracle Recreation Equipment Company and Poligon. • ALL UNDERGROUND UTILITIES MUST BE CLEARLY MARKED.
• ANY DELAYS DUE TO UNMARKED UNDERGROUND UTILITIES WILL BE AN ADDITIONAL CHARGE.
• ANY ADDITIONAL WORK OR DELAYS CAUSED BY UNFORESEEN ROCK CONDITIONS WILL BE CHARGED ACCORDINGLY.
• WHEN REQUIRING CERTIFIED PAYROLL TO BE UPLOADED ON THE DIR WEBSITE,
PLEASE FORWARD YOUR DIR PROJECT NUMBER TO US ALONG WITH YOUR PO
BEFORE COMMENCEMENT OF THE PROJECT SO WE MAKE SURE WE ARE COMPLIANT IN SUBMITTING ALL PAYROLLS IN A TIMELY MANNER.
• DIRECT COST FOR ANY ADDITIONAL INSURANCE ABOVE AND BEYOND 1 MILLION FOR
GL, WC, AUTO, AND UMBRELLA WILL BE CHARGED DIRECTLY TO CUSTOMER, IF REQUIRED BY CONTRACT.
• ALL ITEMS OTHER THAN THOSE SPECIFICALLY QUOTED ABOVE ARE EXCLUDED.
A.21.b
Packet Pg. 651
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY FOR WHY MIRACLE ®
A.21.b
Packet Pg. 652
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY Miracle brings you the thrills of a lifetime.
Miracle is one of the nation’s fi rst and most innovative playground equipment manufacturers. We fi rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the fi rst fi berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.
MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fi ngers safe.
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specifi cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.
SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety specifi cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certifi cation, visit www.ipema.org.
miracle-recreation.com 193
A.21.b
Packet Pg. 653
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY Red lime Forest GreenTropical YellowYellow ChartreuseOrange Green lavender Plum BurgundySkyTeal Cyan Blue Cobalt
Beige WhiteBrown light GrayBrownstone GraystoneDark Brown Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.
Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
A.21.b
Packet Pg. 654
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Yellow Habanero Rainforest Desert Dunes GrayOrange Mediterranean Safari Mahogany White Red Hunter GreenRoyal Blue SandBrown Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.
Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
A.21.b
Packet Pg. 655
Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Miracle-Recreation.com198 COLOR CHOiCES
A.21.b
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Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.
2. lIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. lIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:
limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, zesty lime, Cinnamon, and Olive.)
4. lIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, Uv deterioration and defects in materials and workmanship (Note Exception: limited Three (3) Year Warranty for fabric in shades of red).
5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. lIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. lIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY A.21.b
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Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY • ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by Tüv
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a mem-
ber-driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜv SÜD America Inc., (TÜv),
validates an equipment manufacturer’s certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜv SÜD America Inc.,
(TÜv), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.
Certifications
Miracle-Recreation.com194 CERTIFICATIONS
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Attachment: Hidden Springs Park Proposal (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY 010521-LTS
Rev. 10/2020 1
Solicitation Number: RFP #010521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).
Sourcewell is a State of Minnesota local government agency 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 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 Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.
Vendor 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.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’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. Vendor 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, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’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 is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’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.
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, Vendor 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
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 3
time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor 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 Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor 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
Vendor 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 Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x 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
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 4
restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and 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. Vendor 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.
Vendor 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. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’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 Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. 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 of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 5
Vendor’s acceptable forms of payment are included in Attachment A. 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 Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. 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 (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor 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 Vendor 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 goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor 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:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 6
B. BUSINESS REVIEWS. Vendor 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, 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, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor 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 Vendor’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.
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 7
Vendor 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 Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor 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.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor 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 this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. 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, 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
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 8
respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor 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.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’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 its and their respective distributors, 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.
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 9
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor 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 Vendor 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. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
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Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 010521-LTS
Rev. 10/2020 10
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 to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration 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 Vendor 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 Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
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.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming 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:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor 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. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor 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 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40
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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell PlayPower, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Director of Operations &
Procurement/CPO
Title: Senior Vice President Global Sales &
Marketing Outdoor Play
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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A.21.c
Packet Pg. 684
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A.21.c
Packet Pg. 685
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Bid Number: RFP 010521 Vendor Name: PlayPower
A.21.c
Packet Pg. 686
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Bid Number: RFP 010521 Vendor Name: PlayPower
A.21.c
Packet Pg. 687
Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT 7DEOH
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Packet Pg. 695
Attachment: Sourcewell PlayPower Contract 010521 (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION EQUIPMENT City of Moreno Valley
AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
1'his Agreement is made by and between the City of Moreno Valley Moreno Valley Community Services District, Califomia, a municipal corporation, with its principal place ofbusiness at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the "City", and Miracle Recreation Equipment Company, a CORPORATION, with its principal place of business at P.O. Box 734154, Dallas, Tx 75373-4154, hereinafter referred to as the "Contractor," based upon City policies and the following legal citations:
RECITALS
A. Government Code Section 53060 authorizes the engagement ofpersons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional playground equipment installation contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional Playground Equipment contracting services, is licenscd in the State of Califomia, if applicable;
C. City desires to engage Contraclor to render such scrvices for the professional Playground Equipment as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
E. 1'his Agreement is made and entered into effective the date the City signs this Agreement.
t. CON'IRACTOR INFORMATION:
Contractor's Name: Miracle Recreation nnlent ComDAIIV
Address: P.O. Box 734154
City: Dallas State: TX Zip:75373-4154
Business Phone: 800-264-7225 Fax No. 877 -215-3869
Main Contact: Bryce La*rence
Email: bryce.lawrencc@m iraclenlaveround.cont
Business License Number: 22609
Federal Tax I.D. Number: 43-1595099
2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:
ts
The Contractor's scope of service is describcd in Exhibit "A" attached hereto and incorporated herein by this reference.
The City;s responsibilitics, other than paymenq are described in Exhibit "B" attached hereto and incorporated herein by this reference.
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A.21.d
Packet Pg. 696
Attachment: Agreement - Miracle Recreation Equipment Company (6021 : AUTHORIZE AN AGREEMENT WITH MIRACLE RECREATION
AGREEMENT FOR PROFESSIONAL SERVICES
PLAYGROLIND EQUIPMENT
C. Payment terms are provided in Exhibit "C" attached hereto and incorporated herein by this reference.
D. The term of this Agreement shall be through June 30,2024 and as provided in Exhibit "D" attached hereto and incorporated herein by this reference, unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval ofthc Contractor's requests for exlensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor's reasonable control (excluding delays caused by non-performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Conlractor.
3. STANDARDTERMSANDCONDITIONS:
A. Control of Work. Contractor is solely responsible for the content and sequence ofthe work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results ofservices. The City will not provide any training 1o Contractor or his/her/its employees.
B. Intent of Parties. Contraclor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensation for services is paid by the Contractor, an agent or employee ofthe City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contraclor to any right, benefit, or privilege applicable to any officer or employee ofthe City.
C. Subcontracting. Contractor may retain or subcontract for the services of other necessary contractors with the prior written approval ofthe City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See Califomia Labor Codc Sections 1770 tltrough 1777.71.
D. Conformance to Applicable Reouiremerrls. All work prepared by Contractor shall be subject to the approval of City.
E. Substitution of Key PersaDrel. Contractor has represented to City that certain key personnel will perform and coordinate the services under this Agreement.
Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval ofCity. In the event that City and Contractor cannot agree as to the substitution ofkey personnel, City shall be entitled to terrninate this Agreement for cause' As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperarive, incompetent, a thrcat to the adequate or timely completion of the project or a threat to the safety of persons or property, shall be promptly 2 I
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AGREEMENT FOR PROFESSIONAL SERVICES
PLAYGROUND EQUIPMENI
removed from the project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Bryce Lawrence.
F. Citv's Represent ative. The City hereby designatcs the City Manager, or his or her designee, to act as its representative for the performance ofthis Agreement ("City's Representative"). Contractor shall not accept direclion or orders fiom any person other than the City's Representative or his or her designee.
G. Contractor's Representative. Contractor hereby designates Bryce Lawrence, or his or her designee, to acl as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the services under this Agreement.
H. I.cqal Considerations. The Contractor shall comply with applicable federal, slate, and local laws in the performance ofthis Agreement. Contractor shall be liable for all violations ofsuch laws and regulations in connection with services.
If the Conractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnif and hold City, its officials, directors, officers, employees and agents fiee and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
I. Standard ol'Carc: Performance of llmployees. Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession nocessary to perlorm the services.
Contractor warrants that all employees and subcontractor shall have sulficient skill and experience to pcrform the services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of thc project, a threat to the safety ofpersons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from thc project by the Contractor and shall not be re-employed to perform any of the services or to work on the project Indemnific Contractor shall indemnify, delend and hold theJ. Con I], City, the Moreno Valley Housing Authority,
Community Services District (CSD), their offic
harmless from any and all claims, damages, lo
and the Moreno ValleY
ers, agents and emPloYees
sses, causes of action and
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demands, including, without limitation, the payment of all consequential damages, expcrt witness fees, reasonable attorney's fees and other related costs and expenses, incurred in connection with or in any manner arising out of Contractor's performance ofthe work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Contractor is not covered under the City's general liability insurance, employee benefits, or worker's compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor's obligation to indemni! shall survive expiration or termination of this Agreement, and shall not be rcstricted to insurance proceeds, ifany, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.
K. AdditionaI Indernnity Oblisations Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings ofevery kind covered by Section "J" that may be brought or instituted against City, the Moreno Valley I Iousing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfr any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suil, action or other proceeding. Contractor shall also reimburse City for the cost of any settlcment paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's altomey's fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agcnts and employees for any and all legal expenses and costs incurred by each ofthem in connection therewith or in enforcing the indemnity herein provided.
L. lnsurance Requirements. The Contractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: Vll-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State ofCalifornia:
4 I
The Contractor shall procure and maintain, at its solc expense, Workers' Compensation Insurance in such amounts as will t'ully comply with the laws of the State of Califomia and which shall indemnifr, insure and provide legal defense forthe Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying oui the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form "Exception to Worker's Compensation Coverage" is signed, notarized and attached to this Agreement
E General Liability lnsurance-to protect against loss liom liability imposcd by law for damages on account of bodily injury, including death, and/or piop".ty damage suffered or alleged to be suffered by any person or persons A.21.d
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whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:
Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate I Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit.
E A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
Solely as respect to services done by or on behalfofthe named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers are included as additiona.l insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their ofrficers, officials, employees, agents, and volunteers, under any third party liability policy
The terms of the insuance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior wriften notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non-payment of premium shall require ten (10) days prior written notice by cartified or registered mail' In the event the insurance is canceled, the Contractor shall, prior to the cancellation date, submit new evidence ofinsurance in the amounts ostablished' M. Intell Pro Any system or documents developed, produced or providcd under this Agreement, including any inteltectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole propert
5 y of the City unless explicitly stated
El Professional Errors and Omission Insurance-such coverage shall not be less than $ I ,000,000 per claim and $2,000,000 aggregate.
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otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extenl permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent ofboth parties.
N. Hntire Aqreemenl. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent witten Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.
O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days w tten notice to the Contractor. The written notice shall specift the date of termination. Upon receipt of such notice, the Contractor may continue work lhrough the date of termination, provided that no work or service(s) shall be commenced or continued after receipt ofthe notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non-objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in conneclion with the performance ofservices under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to tlose terminated.
P. Pavment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums fiom compensation payable to Contractor' Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspeclion and audit ofthe Contractor's time and materials charges under the Agreement Such records shallberetainedbytheContractorforthree(3)yearsfollowingcompletionof the services under the Agreement.
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PLAYGROT]ND EQUIPMENT
o Rcstriclions on City llmployees. The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.
R. Choice of Law and Venue. The laws ofthe State of Califomia shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govem the interpretation ofthis Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of Califomia.
S. Dcliverv of Notices. All notices permitted or required under this Agreement shall be given 1o the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Miracle Recreation Equipment Company
P.O. Box 734154
Dallas, Tx 75373-4154
Attn: Bryce Lawrence
City:
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Dan Monto, Acting Parks Superintendent
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
T. Time of Essence. Time is of the essence for each and every provision of this Agreement.
U. Citv's llieht to Enroloy 0ther Coutractors City reserves right to employ other contractors in connection with this project.
V. Anrendment: Mod ification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
w. waiver. No waiver of any default shall constitute a waiver of any other default * Urt-t, whether of the same or other covenant or condition' No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise' 7 Contractor:
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PLAYGROUND EQUIPMENT
X. No 'l'hird Party llcneliciarics There are no intended third party beneficiaries of any right or obligation assumed by the padies.
Y. Counterparts, This Agreement may be signed in counterparts, each of which shall constitute an original.
Z. Invalidity: Severabilitv. If any portion of this Agreemenl is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
AA. Assiqnment or l ransfcr. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of [aw, this Agreement or any interest herein without the prior written consent ofthe City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
BB Su DD ler:rcntarv General Conditions (for projects that are funded by Federal programs). The following provisions, pusuant to 44 Codc ofFederal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modifu or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions. l. CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.
2. CI'I'Y may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.
3. CONTRACTOR shall comply with Executive Order 1 1246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 ofOctober 13,1967, and as supplemented in Deparlment of Labor regulations (41 CFR chapter 60). (AIl construction contracts awarded in excess of$10,000 by CITY and/or subcontracts in excess of$10,000 entered into by CONTRACTOR.)
4. CONTRACTOR shatl comply with the Copeland Anti-Kickback Act (18 c. 874 as supplemenled in DePartment of Labor regulations (29 CFRS Part 3) (Alt contracts and subcontracts for construction or rep
5. CONTRACTOR shall comply with the Davis-Bacon Act
air.)
40 U.S c .276a
to 27 6a7) as supplemented by Department of Labor regulations (29 CFR Pan s).
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6. CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. -i 27 3 30) as supplemented by Department of Labor regulations (29 CFR Part 5).
7. CONTRACTOR shall observe CITY requirements and regulalions pertaining to reporting included in the Cenera.l Conditions.
8. Patent rights with respect to any discovery or invention which arises or is developed in the course ofor under the Agreement shall be retained by the CITY.
9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CaIOES reserve a royalty-free, nonexclusive, inevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.
10. CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General ofthe United States, or any of their duly authorized representatives to any books, documents, papers, and records ofthe contractor which are directly pe(inent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
I l. CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.
12. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act 33 U.S.C. l3(r8 Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part l5). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
13. CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.941$,89 Stat. 871).
AGE TO FOLLOW
9 SIGNATURf, P
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AGREEMENT FOR PROFESSIONAL SERVICES
PLAYGROT]ND EQUIPMENT
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Miracle Eq Company
BY: BY:
Mike Lee, Executive Director
TITLE:
Date PRINT NAME;,4.u, ^ U =lf-
l"t 1 L2-
Date
INTERNAL USE ONLY
ATTEST:
City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attomey
11tO7t2 o22
Date
F OVAL:
(tf qxceeds 15,000)
l-7,>)tr,
Date
l0
I
RECOMMENDdD
,l
I
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AGREEMENT FOR PROFESSIONAL SERVICES
PLAYGROT]ND EQUIPMENT
EXHIBIT A
CONTRACTOR SCOPE OF WORK
l. Provide all materials, equipment and labor and necessary services for the removal of existing playground equipment and surfacing.
2. Provide all materials, equipment and labor and necessary services for the installation of new playground equipment and surfacing.
3. All work is to be performed in accordance with manufacturer's recommendations, as well as all federal, state, county, and local regulations.
4. Provide storage containers for material, as necessary.
5. Provide necessary waste disposal and daily clean up.
6. Obtain any no fee permitting as directed by the City of Moreno Valley.
7. Keep all heary equipment off turf areas when possible. Repair damage to grounds which exceeds that which would normally be expected. Ruts and turf damage caused by equipment traveling over wet ground would be an example of damage requiring repair.
8. Work shall commence upon delivery and proceed without inlemrption until complete. The City shall be immediately notified of any delays. ll
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PLAYGROLND EQUIPMENT
EXHIBIT B
CITY'S RESPONSIBILITIES
l. Fumish the Contractor all in-house data which is pe(inent to services to be performed by the Contractor and which is within the custody or control ofthe City, Including, but no limited tom copies ofrecord and off-record maps and other record and off-record property data, right-of-way maps and other right-of- way data, pending or proposed subject property land division and development application data, all newly developed and pertinent design and project specification date, and suck other pertinent data which may become available to the City.
2. Provide timely review, processing and reasonably expeditious approval ofall submittals by the Contractor.
3. Provide timely City staff liaison with the Contractor when requested and when reasonably needed.
4. Complete access to the site for construction using standard 2-wheel drive rubber tire equipment.
5. Locate existing underground utilities not covered by your local utilities (e.g. water lines, electrical lines and irrigation systems). Miracle Recreation Equipment Company will not be responsible for repairs to unmarked utilities.
6. Stop inigation prior to the start of work and throughout construction in work areas.
7. Pay additional costs for work that falls outside of the Scope of this Agreement.
8. Pay all City permit fees.
t2
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PLAYGROLIND EQUIPMENT
EXHIBIT C
TERMS OF PAYMENI'
1. The Contractor's compensation shall not exceed $422.787.85.
The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a currenl City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
httns://nroval.uov/dcoartnrents/ nancial-nrulnt-svcs/svc-biz-license.html The Contractor will electronically submit an invoice to the Cily on a monthly basis for progress payments along with documcntation evidencing services completed to date. The progress paymenl is based on actual time and materials expended in fumishing authorized professional services since the last invoice. At no time witl the City pay for more services than have been satislactorily completed and the City's determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices 1o Accounts Payable staffat AccountsPa.yable(@rnoval.onr Accounts Payable questions can be directed to (951) 4,l3-3073.
Copies of invoices may be submitted to thc Parks and Community Services Department at
413-3702.
knlainladnrinstali l.o or oalls direoted to (951)
The Conlractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City.
Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties.
The ACH Aulhorization Form is located at:
http://www.rrtoval.o rslcity halli lbrrus.shtml#bf
4. The minimum information required on all invoices is
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Deiaiied work hours by class title (e'g' Manager, Technician' or 13 3.
I
J.
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Specialist), services performed and rates, explicit portion of a F. contract amount, or detailed billing information that is sufficient to justiff the invoice amount; single, lump amounts without detail are not acceptable.
The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
7. Reirnburselncnt fbr Exrrenses. Contractor shall not be reimburssd for any expenses unless authorized in writing by City.
8. Main(entrnce and lnsrrection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Conractor shall allow inspection ofall work, data, documents, proceedings, and activities related to the Agreement for a period ol three (3) years from the date of final payment under this Agreement.
l4
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PLAYGROUND EQUIPMENT
A. Following approval by all parties, the Conlract will commence on December l, 2022, utd shall expire Jrne 30,2024, unless sooner as noted herein.
B. At the expiration of its term, and with the concurrence of all parties, the Contract may be extended for up 10 three (3) additional periods of thirty (30) days each, subject to all terms and conditions in effect during the current term ofthe Contract.
Written notice ofthe City's intent to invoke this subsection ofthe Contract shall be given to the Contractor at least l'ifteen ( l5) days prior to the expiration ofthe initial term of lhis Conlracl, or any extensions thcrcof.
C. Multi-year contracts may be continued each fiscal year only after funding approprialions and program approvals havc bcen granted by the City Council ofthc City of Moreno Vallcy and the City Council acting in the capacity as President and Members of the Board of Directors of thc Morcno Valley Community Serviccs District. In the cvcnt that the City Council and/or the City Council acling in the capacity as President and Members of thc Board of Directors for the Morcno Valley Community Services District does not grant necessary funding appropriations and/or program approvals, the affected multi-year contract becomes nul! and void effective July 1st ofthe fiscal year for which such approvals have been denied.
EXHIBIT D
TERM OF CONTRACT
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Report to City Council
ID#6020 Page 1
TO: Mayor and City Council
FROM: Jeremy Bubnick, Parks & Community Services Director
AGENDA DATE: December 6, 2022
TITLE: ADOPTION OF RESOLUTION OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING THE ANNUAL
ADJUSTMENT TO THE CITY USER FEE SCHEDULE –
PARKS & COMMUNITY SERVICES FEE FOR 2023
RECOMMENDED ACTION
Recommendation:
1. That the City Council adopt Resolution 2022 -XX approving a CPI adjustment to the Parks and Community Services User Fees.
SUMMARY
The Parks and Community Services Department is recommending to the City Council to implement the Parks and Community Services Department User Fee Schedule for 2023.
Historically, Parks and Community Services Department fees have been adjusted annually based on the Consumer Price Index (CPI) for the Riverside-San Bernardino- Ontario Metropolitan Area for the period of September – September, as published by the U.S. Department of Labor Statistics in October. The fees were not adjusted in 2021, so the most recent fee adjustment was done in December 2020.
The CPI adjustment for the previous period of September 2020 – September 2021 was
6.8%. The CPI adjustment for the recent period of September 2021 – September 2022 was 8.4%. The total CPI for both years is 15.20%; however, the Parks and Community Services Department is recommending only a 10% increase at this time.
Other changes to the fee schedule are minor edits to provide an increased understanding of usage and fees. Fees would go into effect January 1, 2023.
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