Reviewed and approved: Reviewed and approved:
Jennifer` Lampman
Director of Finance
Damien RTA rr ula
City Administrator
Attachment:
Placentia Proposal - Public Safety Access Control and CCTV Systems #11581-4-0-2
Proposal: 11590-4-0-2
City of Placentia
Placentia Public Safety - Access Control and CCTV
Systems
A
NwIr ASSI
Prepared For:
Dave Radomski
City of Placentia
(714) 993-8192
Dominick Carlucci I [email protected] I (949) 955-0244 ASSI Security I ASSISecurity.com I 1370 Reynolds Ave, Irvine, CA 92614
PROJECT DESCRIPTION & INVESTMENT
Client Information
Site:
City of Placentia - Public Safety Center
2999 East La Jolla
Placentia, CA 92806
Scope of Work
CMAS NUMBER: 3-21-08-1064 - exp. 09/03/25
BASE SCHEDULE: GS-07F-225CA
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Contact:
Dave Radomski
(714) 993-8192
[email protected]
ASSI Security will provide and install the equipment per the plans, job walk and input from both City and PD Department personnel. An attached drawing shows locations of equipment based on the information gathered.
The Access Control and CCTV System will be a cloud based system. The day-to-day users of the system will have a seamless integration to help them manage any security events that arise from one GUI. Any adds/changes/deletes within either system will require the System Administrator to log into each individual system to make the changes specific to that system.
Card Access:
The card readers will be HID Signo readers and the credentials provided will be a printable card, key fob or mobile credential. The City employees will use either a card, keyfob or mobile credential to gain entry into the secure areas with a valid card read. A badging printer and supplies has been included for printing directly to the card .
The City will be setup to become a HID Corp 1000 customer which provides them a format that is exclusive to the City of Placentia, ensures that there are no duplication of card numbers and controls who can order credentials on the City's behalf.
The mobile credentials will require the City to setup an account with HID. This will create a mobile enabled reader part # specific to the City, creates a MOB Key and an Org #. Once the account has been set up within the portal and mobile credentials purchased, the portal will be populated with the credentials and the City will assign the mobile credential to an employee.
The Life Safety Power enclosure will be installed in the TR room and be equipped with power supplies , the controller boards and power distribution modules. This eliminates the need to have multiple enclosures on the wall.
CCTV System:
The Alta cloud based system includes AVA cameras that include on board storage, as well as uploading the video to the cloud for redundant storage. The time frame when the video is uploaded to the cloud will need to be scheduled to minimize disruption to the network due to bandwidth issues. The video may need to be throttled back dependent on the bandwidth available and the storage required.
A POE switch, panel and patch cords have also been provided.
All devices will be programmed and tested with customer for commissioning of the project.
Up to 8 hours of training will be provided by ASSI Security and Motorola personal care team .
Date: 11/22/2023 I Proposal #: 11590-4-0-2 I Placentia Public Safety - Access Control and CCTV Systems
Dominick Carlucci 1 [email protected] 1 (949) 955-0244 ASSI Security 1 ASSISecurity.com 1 1370 Reynolds Ave, Irvine, CA 92614 Project Investment
Open Path Access Control System
QTY Manufacturer
1.00 OPENPATH
1.00 OPENPATH
1.00 OPENPATH
2.00 OPENPATH
20.00 HID
21.00 GRI
200.00 HID
100.00 HID
40.00 HID
340.00 HID
1.00 FARGO
3.00 FARGO
2.00 FARGO
anufacturer
16.00 AVA
1.00 FORTINET
7.00 AVA
6.00 AVA
3.00 AVA
7.00 AVA
7.00 AVA
7.00 AVIGILON
3.00 AVA
3.00 AVA
1.00 ORTRONICS
24.00 ORTRONICS
16.00 ORTRONICS
1.00 TRIPPLITE
Part #
SW -PRM -P25
SW-ALA-BDGE
OP -SERV -CO
SYS-16ENT-DVE6
40NKS-02-000000
GRI -180 -12 -BR
5006PGGMN
5266PNNA
MID -SUB -T100
MC -1000
55100
45210
86177
AWA -CLD -1Y
FS-648F-FPOE
QUAD-20MP-30
COMPACTDOME-W-5MP-6
0 DOME-W-5MP-60
ACQ-WAL-MNT
ACQ-CRN-MNT
POE-INJ2-60W-NA
ACC -PEN -CAP -W
ACC-MNT-ARM-W
OR-PHD6AU24
HDJ6-45
MC601-06
B021 -000 -19 -SH
Descri
Premium: Pack of 25 entries (card readers) - 1 Year Subscription Badge printing - 1 Year Subscription
Concierge Onboarding (one time charge)
OPEN PATH SMART HUB, 16 Port (10 Reader if using Wiegand) Power Supply and Enclosre
HID, Signo 40 Wall Mount, 13.56mHz Profile, OSDP/Wiegand, Mobile Ready, BLE
GRI, 3/4 Inch Recessed Contacts Brown
HID, Composite iClass SEOS Contactless Smart Card 8 KB
Memory Prog., F -Gloss, B -Gloss, Match iClass #, No Slot SEOS Key Fob 8K, Prog SEOS, F -Black with HID Artwork,
B -Black, Laser Match SEOS
Mobile ID Virtual Card / Compatible with SMARTPHONE/ SEOS Technology/Subscription and Annual Renewal
MC -1000
FARGO, DTC4500e Dual Sided Printer
FARGO. Full Color Ribbon for DTC4500e Printer
FARGO, Cleaning Ribbon
Subscription to Ava Aware Cloud, per camera. Real-time
video -analytics. Including 30 days cloud storage.
FORTINET, Fortiswitch 648F-FPOE; 24GE+ LAYER 2/3 SWITCH CONTROLLER; 32X 1GE/2.5GE, 16X 1GE/2.5GE/5GE RJ45
PORTS , AND 8X 10GE/25GE SFP+/SFP28 PORTS, 1 RU
RACKMOUNT/ 48X POE PORTS, 1800W POWER BUDGET
Ava Quad black with 30 days retention, multi -sensor camera with four varifocal 5MP camera modules (20 MP), IR and HDR
capable, with advanced microphone array, indoor and outdoor with IP66 and IK10 rat
Ava Aware Cloud camera - Compact dome white. 5MP resolution. 60 days retention. Al -powered, IR and microphone, indoor only, up to 10 year warranty with an active Aware license.
AVA, Ava Aware Cloud camera - Dome white. 5MP resolution. 60 days retention. Al -powered, IR and advanced microphone array, indoor and outdoor, up to 10 year warranty with an active AWARE license
Quad Wall mount bracket
Quad Corner bracket
Indoor single port Gigabit PoE++ 60W; North American power cord included. May also be used in European Union; Japan; Australia; New Zealand; Mexico; China; South Korea; Russia; Argentina; Saudi Arabia; Kuwait; UAE and Brazil. Temperature range of th
Pendant mounting cap for Ava Dome and 360 cameras. White.
Wall mount arm for Ava Dome and 360 cameras. White.
Pendant cap (ACC -PEN -CAP -W) typically required for this part.
CLARITY CAT6A 24 PORT FLAT PANEL, 110/6PORT, T568A/B,
1.75 X 19, HD
HD Jack, CATS, Clarity T568A/B - 8POS, Green
Patch Cord, Modular, Category 6 UTP, 4 -Pair, 24 AWG, 1' Length, Blue PVC Jacket
1U Rack -Mount Console with 19 -in. LCD, Short -Depth; TAA Compliant
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Unit Price
$3,045.00 $3,045.00
$510.00 $510.00
$2,115.00 $2,115.00
$4,650.00 $9,300.00
$235.00 $4,700.00
$10.00 $210.00
$5.00 $1,000.00
$5.50 $550.00
$4.50 $180.00
$0.30 $102.00
$3,485.00 $3,485.00
$190.00 $570.00
$60.00 $120.00
$180.00 $2,880.00
$11,965.00 $11,965.00
$2,780.00 $19,460.00
$790.00 $4,740.00
$1,385.00 $4,155.00
$85.00 $595.00
$140.00 $980.00
$150.00 $1,050.00
$45.00
$65.00
$560.00
$15.00
$15.00
$1,630.00
$135.00
$195.00
$560.00
$360.00
$240.00
$1,630.00
Date: 11/22/2023 1 Proposal #: 11590-4-0-2 1 Placentia Public Safety - Access Control and CCTV Systems AsSI
Dominick Carlucci 1 [email protected] 1 (949) 955-0244 ASSI Security 1 ASSISecurity.com 1 1370 Reynolds Ave, Irvine, CA 92614 v
Labor and Misc
Labor Schedule for: Labor and Misc
QTY Description
16.00 Engineering
224.00 Install
32.00 Programming
24.00 Project Management
40.00 Testing
8.00 Training
Supplies & Materials for: Labor and Misc
QTY Descriptio
1.00 Misc Equipment
1.00 Scissor lift rental includes drop off/ pick up and taxes
1.00 Shipping Cost
Ext. Price
$113.77 $1,820.32
$115.37 $25,842.88
$150.00 $4,800.00
$121.79 $2,922.96
$115.37 $4,614.80
$122.42 $979.36
Ext. Price
$2,000.00
$3,400.00
$653.00
Financial Summary
Purchase Price, Excluding taxes:
Estimated Applicable taxes:
Estimated Purchase Price, Including taxes:
$121,865.32
$10,308.58
$132,173.90
Date: 11/22/2023 1 Proposal #: 11590-4-0-2 1 Placentia Public Safety - Access Control and CCTV Systems AsSI
Dominick Carlucci 1 [email protected] 1 (949) 955-0244 ASSI Security 1 ASSISecurity.com 1 1370 Reynolds Ave, Irvine, CA 92614 Notes that are specific to this project
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1. Access Control cards cannot be hole punched and need to be put in a pouch.
2. All work is during regular business hours.
3. Project will begin with Phase I beginning in February 2024 and Phase II mid -summer 2024.
4. Deisgn of the Access Control System assumes all control panels will be located in one IDF room or additional costs may be incurred for additional hardware.
5. Network ports, IP addresses and connectivity to customers network to be provided at time of install .
6. As Builts will be provided and require a set of CAD files of the site.
7. Pricing valid for 60 days.
8. The following items are excluded and are to be provided by others:
electrified hardware with built in REX
CAT6 or CATa cable for cameras
Composite cable or individual cables 22/c, 22/4, 22/4 18/2 for card readers 110VAC
plywood back board for Access Control panels
conduit, cable tray and j -boxes
workstations to monitor Security Systems
Racks for CCTV Equipment
Camera for Badge photos
9. Any delays due to site not being ready at the time of install, due to equipment provided by others, may incur a change order for the additional labor incurred.
10. OpenPath, Alta and HID credentials are annual subscription model and will require renewal on an annual basis.
Date: 11/22/2023 1 Proposal #: 11590-4-0-2 1 Placentia Public Safety - Access Control and CCTV Systems AsSI
Dominick Carlucci 1 [email protected] 1 (949) 955-0244 ASSI Security 1 ASSISecurity.com 1 1370 Reynolds Ave, Irvine, CA 92614 General Terms and Conditions
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1. Pricing is based upon the assumption that all work will be performed during ASSI's normal business hours. If after hours work is requested, an additional charge will be incurred.
2. ASSI carries the following insurance coverage:
• General Liability: $1 mil. per occurrence;
• $2 mil. gen. aggregate;
• W/C: $1 mil. per occurrence
• $5 mil. excess umbrella
• Auto: $2 mil. combined single limit
• Customer shall pay premiums for any additional coverage required.
3. All materials and labor are subject to a preliminary notice and subsequent filing of mechanic's lien in the event of payment default. Customer must provide preliminary information prior to commencement of work.
4. All canceled orders and/or returned materials are subject to a 25% restocking fee.
5. A deposit is due upon acceptance of proposal. Balance will be due in progressive net 30 day payments thereafter. Deposit amount is based upon a percentage of the project total. Percentage is determined based upon thesize of the project (i.e. Proposals and change orders under $10k each require a 50% deposit; Those between $10,001-50,000 require a 35% deposit; and proposals in excess of $50,000 require a 25% deposit).
6. All new equipment is covered under warranty against defects for a period of one year from date of substantial completion of ASSI's work. Associated labor is also covered during normal business hours.
Date: 11/22/2023 1 Proposal #: 11590-4-0-2 1 Placentia Public Safety - Access Control and CCTV Systems
Dominick Carlucci 1 [email protected] 1 (949) 955-0244 ASSI Security 1 ASSISecurity.com 1 1370 Reynolds Ave, Irvine, CA 92614 Performance Items
Include / Exclude
O 0 System Meets Plans/Specifications 0 0 Elevator Subcontractor O 0 System is Design Build 0 IBJ Conduit
I1 0 Mounting/Termination of Proposed Devices 0 0 JBoxes/Specialty Back Boxes O 0 System Programming 0 0 110/120VAC Power
❑ 0 Customer Database Input/Programming 0 0 Access Control Cards/Tags/Transponders O 0 Training 0 0 Patching and Painting
I1 0 Project Management 0 0 Ceiling Tiles/Ceiling Grid Repairs I1 0 Engineering and Drawings 0 0 Vertical/Horizontal Core Drilling O 0 Record Documentation (As Builts) 0 0 Lift Rental
O 0 Electrified Door Hardware 0 0 Camera Poles
❑ 0 Door Coring/Certification/Recertification 0 0 24 HR Central Station Monitoring ❑ 0 Servers/Workstations 0 0 Phone Lines
O 0 POE Switches 0 0 Static IP Address
O 0 Software Install on Servers/Workstation 0 0 Network Connection O 0 Installation of Wire and Cable 0 0 Payment Performance Bonds O 0 Installation of Cable Suspension 0 0 Method B License/Permits I1 0 Regular Business Hours Installation 0 0 Alarm Monitoring License/Permits O 0 After Hours Installation (excl. Sunday/Holidays) 0 0 Low Voltage License/Permits I1 0 One Year Warranty Parts/Labor 0 0 Fire/Life Safety Integration Include / Exclude
0 Prevailing Wage
Date: 11/22/2023 1 Proposal #: 11590-4-0-2 1 Placentia Public Safety - Access Control and CCTV Systems
Dominick Carlucci 1 [email protected] I (949) 955-0244 ASSI Security I ASSISecurity.com I 1370 Reynolds Ave, Irvine, CA 92614 Proposal Acceptance:
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I have read the General Terms and Conditions and payment terms of the sale, understand them fully, and agree to abide by them.
I hereby certify that I am authorized by my company to sign this agreement. ASSI Security is hereby authorized to perform the work as specified.
Accepted By: ASSI Security
Accepted By: City of Placentia
Name: Dominick Carlucci Name: Dave Radomski
Signature:
Title:
Date:
Signature:
Title:
Date:
Date: 11/22/2023 1 Proposal #: 11590-4-0-2 1 Placentia Public Safety - Access Control and CCTV Systems ASST
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR/PUBLIC SERVICES AND INFRASTRUCTURE DECEMBER 5, 2023
PURCHASE OF NEW PUBLIC SAFETY COMMUNICATIONS CENTER
CONSOLES AND STORAGE FOR NEW PUBLIC SAFETY BUILDING
EXPENSE: $ 237,031.14 TOTAL PURCHASE PRICE OF FURNITURE BUDGETED: $2,123,310.00 PROJECT CONTINGENCY BUDGET
In 2020, the City began planning to construct the public safety building which would include a new Public Safety Communications Center (the "Center"). As a result of creating a new space for the Center, new consoles and storage space are necessary to outfit the new space to provide first responder services for the City's police, fire and emergency medical service functions. When the City's fire department was created in 2020, several enhancements were made to the existing Public Safety Communications Center. These changes included adding additional staffing per shift, adding additional monitors at each console workstation, and upgrading and integrating software to allow for functionality across all public safety disciplines. With the new Center now being constructed at a separate location, additional furniture is necessary to accommodate the daily operations and Staff.
The consoles are recommended to be purchased from Russ Bassett for 9-1-1 Equipment & Services (Russ Bassett). Per the City's existing purchasing and contract guidelines, the City may "piggyback" onto existing government contracts previously awarded through a competitive bidding process. The Houston -Galveston Area Council of Governments awarded a contract to Russ Bassett for communications centers. Accordingly, the City is now able to utilize the aforementioned competitive bidding process results for its own procurement process. The console purchase costs associated will be funded by the public safety building project's contingency account.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the sales contract with Russ Bassett for 9-1-1 Equipment & Services, totaling $237,031.14 for the purchase of equipment, delivery, and installation of eight (8) public safety communications center consoles, personal storage, and storage drawers from the public safety building project's contingency account; and
1.g.
Dec. 05, 2023
City Council Agenda
December 5, 2023
2. Authorize the City Administrator and/or his designee to execute all the necessary documents, in a form approved by the City Attorney.
DISCUSSION:
In July 2020, the City began providing its residents with fire and emergency medical services through the Placentia Fire and Life Safety Department and Lynch Ambulance. As a result of providing these additional services, several enhancements were made to the City's Public Safety Communications Center. These changes included adding additional staffing per shift, adding additional monitors at each console workstation, and upgrading and integrating software to allow for functionality across all public safety disciplines.
As part of now providing all City -operated public safety services (police, fire, EMS), the current Public Safety Communications Center now staffs three (3) to four (4) dispatchers at any given time. By providing additional consoles within the new Center facility, there will be additional space available for the on -duty supervisor to monitor daily operations as well as any trainees.
Thus, Staff is seeking to purchase and install eight (8) consoles within the new Communications Center as well as personal storage space for each employee, and storage drawers to house confidential paperwork. The new consoles will allow for monitors to be displayed similarly at each workspace, allow for climate control at each position, and provide the employees with ample desk space to be able to carry out required daily tasks.
The consoles are recommended to be purchased from Russ Bassett for 9-1-1 Equipment & Services. Russ Bassett is the City's current console provider and Placentia IT, Orange County Radio Communications, and AT&T 9-1-1 technicians are familiar with their operation and setup.
Russ Bassett is also an industry leader in 9-1-1 public safety console furniture.
FISCAL IMPACT:
Per Placentia Municipal Code Section 3.08.070(3)/(4), the City is allowed to procure goods or services outside the formal bidding process when the item can be obtained from a cooperative purchasing program or from vendors awarded contracts after a competitive bid process established by another governmental agency. The City utilizes this practice for the purchase of most of its Targe purchases, including other public safety equipment. In addition to outlining the specific equipment that the Communications Center will need, the unique sourcing of the equipment purchase, and installation was also identified. The Houston -Galveston Area Council of Governments (H -GAC) maintains publicly bid contracts for various types of equipment and materials purchased by local governments. Any local government can piggyback off the set unit bid pricing contained within these agreements. H -GAC awarded a 9-1-1 Equipment & Services contract to Russ Bassett which is valid through June 30, 2025. Russ Bassett has provided fixed unit pricing for all consoles recommended. Numerous local communications centers have purchased some of their communications furniture and equipment through the H -GAC program.
City Council Agenda
December 5, 2023
The equipment project proposal (Attachment 1) for all eight (8) consoles, personal storage space, and storage drawers delivery and installation for the new Communications Center totals $237,031.14. A maximum amount is utilized as the cost for the equipment noted above does include sales tax, which is calculated and applied at the time of taking delivery from the manufacturer. The recommended actions include authorization for the City Administrator to authorize the maximum amount of $237,031.14 for the purchase. Funding for this purchase will come from the Public Safety Building's project contingency account.
Prepared by:
.1.
ie Acosta -Rey
unications Manager
Reviewed and approved:
Ilrfa
/
David Radomski
Sergeant — It / Special Projects
Reviewed and approved:
buis f s{
Luis Estevez
Deputy City Administrator
Attachments:
1. Russ Bassett Project Proposal
2. HGACBuy Contract Information
Reviewed and approved:
Rosanna Ramirez
Deputy City Administrator
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien R-Affula`'-==a.
City Administrator
PLACENTIA PUBLIC SAFETY 9-1-1 COMMUNICATIONS CENTER
CONSOLE FURNITURE DESIGN & COST PROPOSAL
NOVEMBER 9, 2023
mrussbassett
8189 Byron Road Whittier, CA 90606 1 Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
;:russbassett
November 9th, 2023
Stefanie Acosta -Reyes
Placentia Police Department
401 East Chapman Avenue
Placentia, CA 92870
Placentia Police Public Safety Dispatch Furniture - Design & Cost Proposal 2999 East La Jolla Ave., Anaheim, CA 92806
Stefanie,
Thank you for the opportunity to serve the City of Placentia! We could not be more excited about the opportunity to provide your new consoles and have been honored to serve you dialing -in the final design and accessory options.
Russ Bassett is an industry leading designer and manufacturer of the highest quality consoles for mission critical environments. We are a financially stable company that has consistently delivered positive results for our clients for over 60 years. Russ Bassett has a state of the art 110,000 square foot manufacturing facility and showroom in Whittier, CA. We have proven expertise and experience in the layout, design, manufacture, shipment, delivery, installation, and service of mission critical console systems. Based on our successful similar work for other Public Safety Communications Agencies, Transportation Network Operations Control Centers, Power Utilities and Military/Government Agencies you can trust us to do a great job.
Our goal is that every Russ Bassett client has excellent experience working with us from project inception through successful project installation, and in the long run as we provide ongoing service and support. We strive to not only meet your expectations but exceed them. We will bring drive, integrity, attention to detail, and excellent service to your Team during every stage of the project. We will work in concert with City Staff, your Architect, Contractor, Electrician and Low Voltage Communications Contractor, Technology Vendors, and any other project stakeholders to deliver a best -in -class solution on time and on budget. We are team players!
In the following pages, you will find a narrative review of our project approach, a final quote for the console package, design drawings, a description of the proposed console furniture product solution, supporting product information, relevant reference letters and warranty information.
Project Pricing
The quote is based on the drawing package and includes all associated design, project management, console materials, sales tax, freight services and installation services.
The Installation Services pricing assumes that we would complete the new console furniture installation as single phase with all work occurring during regular business hours and using prevailing wage labor rates.
This pricing excludes source electrical and communications cabling, bonding, or grounding beyond what is outlined in the Motorola R-56 Kit 2 package, new monitors, monitor mounting, monitor cables, cable labeling and cable routing, breakroom, and all seating (chairs) shown on drawings for reference only. 8189 Byron Road Whittier, CA 90606 1 Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
;:russbassett
Procurement
Russ Bassett Consoles are available to City of Irvine via HGACBuy Contract EC07-23 for 9-1-1 Equipment & Services and have been pricing accordingly. According to the HGACBuy website, there is already an IGA in place, and you are a Member/User of this pre -competitively bid cooperative purchasing vehicle.
Russ Bassett Console Salient Characteristics
Our consoles are designed with the comfort, safety, and productivity of Telecommunicators as the primary focus. The proposed console design also effectively integrates technology creating a 'no -fail' work environment and allowing technicians to quickly access and trouble shoot equipment when necessary.
Russ Bassett has proposed a solution built upon our Flex Console system. The Flex Console product platform - as installed at the Orange County Sheriff and La Verne Police Department PD 9-1-1 Dispatch Centers - is highly reliable, extraordinarily durable, and ergonomically designed. The proposed configuration uses standard modular Flex components to create a custom solution specific for the requirements of the Communications Center.
Here are a few key features that differentiate Russ Bassett Consoles from other options you may be considering...
Individually Adjustable Monitor Arms or Slatwall Monitor Arrays When it comes to monitor mounts, we strive to be the most flexible provider available. Russ Bassett consoles can utilize individually adjustable monitor arms that are fully articulating and designed to universally accommodate differing monitor sizes and weights. Individually adjustable monitor arms allow each user to adjust monitors to their focal depth and angle preferences so that they can be super comfortable as they work. We also offer a Slatwall Monitor Array that moves all monitors together as one with electric height and manual focal depth user adjustments. The array is a curved two-sided slatwall design and incorporates adjustable mounts that provide for peripheral and tilt angles to be preset, both optimizing the ergonomic interface and properly aligning all monitor seams. In either case robust power distribution and cable management features are integrated. The Slatwall Monitor Array solution is included in this proposal.
Large, Uninterrupted Worksurface
Russ Bassett consoles are designed to allow a full single -lift surface to achieve the BIFMA ergonomic standards for input device platforms, meaning a separate keyboard surface is not required. Your writing surface, work area, telephones and other peripheral devices are all at the same comfortable height as your keyboards. The height adjustment range is from 22.6" to
48.7" from the floor to the top of the work surface, which exceeds the HFES 100-2007, ANSI/BIMFA G1-2002 and all European standards for input device platforms.
Durable - Comfort Front Edge
Russ Bassett work surfaces utilize an ultra -durable, waterfall shaped front edge that provides a comfortable, liquid tight edge.
There is no exposed hardware on our consoles making them aesthetically appealing, comfortable, and extremely tough.
Safety - Anti -Collision Technology
Russ Bassett Flex consoles utilize redundant lifting system sensors and in-house fabricated anti -collision switch covering the area of the user where the surface could lower onto a chair or operator. If the surface is lowered onto an object (such as a chair) the anti -collision technology is activated and the worksurface rises slightly avoiding any contact.
Cable Management
We obsess over orderly cable management! You cannot put your foot up and disconnect a mouse, keyboard, or anything else! All PCs and peripheral equipment, monitor video and power cables, source electrical and commutations cabling, etc. all occur within the console! From the monitor arms or slatwall monitor mounts, into the slatwall wire management trough, into the structural wall and out into the PC enclosure spaces we effectively manage all audio, video, power, and network cables to keep all mission critical systems easily accessible and the console easily retrofittable.
Welded Steel Framework
Russ Bassett consoles are welded steel rather than bolted extrusions and/or wood panels, offering superior rigidity (particularly beneficial for reconfiguring) and superior heat dispersion. While we do offer exhaust fan kits for technology storage areas, they are almost never required because the welded steel consoles are very well ventilated and disperse heat rather than insulating it. With Russ Bassett you can achieve the required heat dispersion without exhaust fans, and 8189 Byron Road Whittier, CA 90606 I Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
;:russbassett
this reduces electricity consumption, vibration, noise, and future maintenance issues. The integrated 42" high structural/technology wall surround has a 7" profile and provides a rigid physical structure to the system, multiple cable management raceways, serve as the zone for accommodating and fully enclosing electrical J -box and network cabling demarcations, allows for computer and peripheral equipment placement, vertical rack mounting, and serves as the connection between the sit -stand cable management infrastructure and the fixed height extension cabinets, including accommodating all cable routing and coiling of excess computer cabling service loops. When supporting fixed height extensions and bridges, the walls include an upper slatwall section with flipper door access panels opening into the integrated wire management troughs. The walls have interior and exterior, lower, and upper access panels as well as removable top caps that are also of perforated steel construction. Top caps can be specialized for integration of status indicator lights and large screen display mounts. This is an extraordinarily well thought out and durable solution! It is designed, engineered, and manufactured as console furniture from the ground up and does not incorporate office furniture like elements.
Product videos can be viewed at this link httos://russbassett.com/control-room-resources/video/.
We are proud to be "Made in the USA". Russ Bassett Consoles are made at our factory in Whittier, California.
We are vigilant in ensuring that our manufacturing processes and products are environmentally sound and will have favorable impact on our customer's facilities. All Russ Bassett products are Greenguard Gold Certified for Indoor Air Quality. Finishes can be viewed on our website here httos://russbassett.com/control- room-resources/finishes/ and physical samples have been provided to you.
Project Management and Schedule
We are focused on successfully managing projects so that all parties involved have an excellent experience in working with us. As stated, Russ Bassett will work closely with the Project Team to ensure a seamless process and successful result. We take customer project timelines very seriously and will ensure that insofar as it depends on our Team, your project is completed on time and on budget.
Manufacturing lead times for the products proposed here are currently in the sixteen (16) week range after receipt of order, plus shipping and installation time, to the first phase. Orders can be placed as far in advance as makes sense for the project. If selected as your partner for the project, we will collaborate with the Team to define the desired start date and define all necessary action items.
Delivery and Installation Services
Russ Bassett Project Managers and Factory Trained Local Installers deliver the highest caliber on-site delivery and installation experience.
We coordinate up front, show up on time, install our console furniture with the highest safety and quality standards, and act as a team player to assist our clients in successfully implementing their projects.
Key delivery and installation services include:
o Project Planning Guide
o Specialized packaging and transportation carriers
o Onsite Project Manager
o Russ Bassett Certified Local Installers
o Onsite Training of GC Subs and Equipment Vendors
o Onsite Training of User Groups
o Installation Survey
All Russ Bassett Installation Services will be coordinated from our corporate headquarters in Whittier, CA.
Your Russ Bassett Project Manager will assign and lead our local Team of certified technicians to successfully complete the project.
All Russ Bassett project installations include onsite training for the electrical and communications cabling subcontractors while we're in the process of installation, as well as training for the technology integration Team and user group. A User Guide will be provided and reviewed with you at the completion of your installation.
8189 Byron Road Whittier, CA 90606 1 Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
;:russbassett
Warranty, Repair and Maintenance
Russ Bassett consoles are built for 24/7 mission critical environments. Russ Bassett is your single point of contact for all questions regarding operation, warranty, and service items. Russ Bassett consoles do not require any kind of regularly scheduled service or preventative maintenance.
If your console requires service in the future, we will reply to all inquiries within 24 - 48 hours or less. If service is required, it will take place within 48 -72 hours. We stock all critical items and can ship them the next day for immediate installation. Non-critical items that need to be replaced will ship in two (2) weeks or less.
Local certified Russ Bassett local technicians are available for quick response items and to troubleshoot issues on site.
Russ Bassett offers one of the strongest warranties in the industry, covering both parts, shipping and for a period of ten (10) years. A complete copy of our 10 -Year Everything Warranty is included as an attachment.
We stand behind our product and are committed to maintaining long term positive relationships with our customers!
References
Included are a select set of referral letters for your review. Our goal would be to obtain a similar letter after the successful completion of your relocation project! More letters can be viewed on our website and a formal reference list is available upon request.
Conclusion
If selected as your partner for the project, we will deliver both a best -in -class console furniture solution and customer experience.
Please don't hesitate to contact me with any questions or concerns as you review. My cell phone is (562) 505-4719 and email [email protected].
Thank you again!
Ava Rabago
8189 Byron Road Whittier, CA 90606 1 Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
•
'\
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. uuruss assett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT NAME:
PROJECT
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO.
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
7 RENDERING VIEW 1
8 RENDERING VIEW 2
9 RENDERING VIEW 3
10 11
12 13
14 15
SHEET NAME
REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
3D VIEW 1
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
PN -10031-01 1 D
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION.
Errlruss Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT NAME:
PROJECT
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO.
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
7 RENDERING VIEW 1
8 RENDERING VIEW 2
g RENDERING VIEW 3
10 11
12 13
14 15
SHEET NAME
REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
3D VIEW 2
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
PN -10031-01 1 D
2 ,.0000000""::::::::'1
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION.
Errlruss Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT
PROJECT NAME:
CITY OF PLACENTIA
PROJECT INITIATION DATE:
CONSOLE TYPE:
SCALE:
FLEX
9/7/21
NUMBER OF POSITIONS:
6 + 2 (FUTURE)
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO.
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
RENDERING VIEW 1
RENDERING VIEW 2
RENDERING VIEW 3
SHEET NAME
7 8
9 10
11 12
13 14
15 REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
3D VIEW 3
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
PN -10031-01 1 D
3 RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION.
Errlruss Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT
PROJECT NAME:
CITY OF PLACENTIA
PROJECT INITIATION DATE:
CONSOLE TYPE:
SCALE:
FLEX
9/7/21
NUMBER OF POSITIONS:
6 + 2 (FUTURE)
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO.
1 3D VIEW 1
2 3DVIEW2
3D VIEW 3
3DVIEW4
PLAN VIEW
ELEVATION VIEW A
RENDERING VIEW 1
RENDERING VIEW 2
RENDERING VIEW 3
3 4
5 6
7 8
9 10
11 12
13 14
15 REV
A
B
C
D
SHEET NAME
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
3D VIEW 4
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
PN -10031-01 1 D
4 2j9°0Oo°
24°=2 1/4
1 3ono° RV3
4°=81/4'1
-4 1/4" /4 U
-7700
5 2°=11" 005
DF
DDF
FF
FF
H
7U=5 1/4"
00s
6-7 1/4" 0 2° 0
m m
°
DF
OS
DF
FF
FF
T
005
D D F
5L5
0 4U00 3/4
DF
12oo7 1/4UO
35U
5o=7j V/
RV1
rmr USS Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT
PROJECT NAME:
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
27 boo
O
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION.
TRISH CASELLA
SHEET INDEX
NO. SHEET NAME
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
7 RENDERING VIEW 1
8 RENDERING VIEW 2
g RENDERING VIEW 3
10 11
12 13
14 15
REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
PLAN VIEW
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
5 PN -10031-01 1 D
STATUS INDICATOR LIGHT
CUSTOM INTERCHANGEABLE SIGN
SLATWALL MONITOR ARRAY W/
12" ELECTRIC HEIGHT ADJUSTMENT
& 8" MANUAL FOCAL DEPTH ADJUSTMENT
BLUE LED UP -LIT GLASS PARTITION
W/ CUSTOM ETCHING
PERSONAL COMFORT SYSTEM (PCS) W/
DESKTOP FANS AND FORCED AIR HEATERS
UNDER SURFACE
HIGH PRESSURE LAMINATE WORK
SURFACE W/ COMFORT EDGE
-24" W BOX/BOX/FILE PEDESTAL
24" W FILE/FILE PEDESTAL
UNDERSURFACE TECH POD
UNDERSURFACE ROTATING CUP HOLDER
-18" W OPEN PEDESTAL
NMI
NMI
NMI
NMI
L
[5-
FINISH FLOOR
24"
1.1.1.1+1
24"
44" UW
44" UW
O
PERSPECTIVE VIEW
24"
1-
,ELEVATION VIEW
C•o
00 CONSOLE DASHBOARD WITH:
• CONSOLE CONTROLS
PCS CONTROLS
• 1 - USB -A & 1 - USB -C
CHARGING PORTS
• 2 - USB -A CHARGING PORTS
• GOOSENECK TASK LIGHT
W/ DIMMER
• AMBIENT LIGHT DIMMER
• STATUS INDICATOR SWITCH
PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED
OTHER PROPERTY RIGHTS IN THESE
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION.
WHATSOEVER
IN ANY FORM OR MANNER , NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS ;:rus_ Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT NAME:
PROJECT
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
1 =1' 0"
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO. SHEET NAME
1 3D VIEW 1
2 3DVIEW2
3 3D VIEW 3
3D VIEW 4
PLAN VIEW
ELEVATION VIEW A
RENDERING VIEW 1
RENDERING VIEW 2
RENDERING VIEW 3
4 5
6 7
8 9
10 11
12 13
14 15
REVISIONS
REV DATE DESCRIPTION BY
A 10/27/22 UPDT ARCH FILE, ACCESSORIES JN
B 11/14/22 UPDT 2022 SHORT ARRAY CONSOLE JN
C 12/13/22 MONITOR CONFIGURATION CHANGE ND
D 10/30/23 R56, DASHBOARD & COLOR UPDTS JN
SHEET DESCRIPTION
ELEVATION A
DRAWING # OPTION REV.
PN -10031-01 1 D
SHEET
6 9
COLOR SCHEME:
LAMINATE: ASIAN NIGHT
POWDER COAT: CHARCOAL
^RENDERING VIEW 1
Errlruss Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT NAME:
PROJECT
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO. SHEET NAME
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
7 RENDERING VIEW 1
8 RENDERING VIEW 2
g RENDERING VIEW 3
10 11
12 13
14 15
REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
RENDERING VIEW 1
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. PN -10031-01 1 D 7 COLOR SCHEME:
LAMINATE: ASIAN NIGHT
POWDER COAT: CHARCOAL
JRINRENDERING VIEW 2
Errlruss Bassett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT NAME:
PROJECT
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO. SHEET NAME
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
7 RENDERING VIEW 1
8 RENDERING VIEW 2
g RENDERING VIEW 3
10 11
12 13
14 15
REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
RENDERING VIEW 2
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. PN -10031-01 1 D 8 COLOR SCHEME:
LAMINATE: ASIAN NIGHT
POWDER COAT: CHARCOAL
LRENDERING VIEW 3
Flruss assett
8189 Byron Rd, Whittier, CA 90606 (800) 350-2445
CUSTOMER
CUSTOMER:
PLACENTIA PUBLIC
SAFETY CENTER
PROJECT ADDRESS:
2999 EAST LA JOLLA AVE
ANAHEIM, CA 92806
PROJECT NAME:
PROJECT
CITY OF PLACENTIA
PROJECT INITIATION DATE:
9/7/21
CONSOLE TYPE: NUMBER OF POSITIONS:
FLEX 6 + 2 (FUTURE)
SCALE:
NTS
SALES EXECUTIVE
AVA RABAGO
DESIGNER
TRISH CASELLA
SHEET INDEX
NO. SHEET NAME
1 3D VIEW 1
2 3DVIEW2
3 3DVIEW3
4 3DVIEW4
5 PLAN VIEW
6 ELEVATION VIEW A
7 RENDERING VIEW 1
8 RENDERING VIEW 2
g RENDERING VIEW 3
10 11
12 13
14 15
REV
A
B
C
D
DATE
10/27/22
11/14/22
12/13/22
10/30/23
REVISIONS
DESCRIPTION
UPDT ARCH FILE, ACCESSORIES
UPDT 2022 SHORT ARRAY CONSOLE
MONITOR CONFIGURATION CHANGE
R56, DASHBOARD & COLOR UPDTS
SHEET DESCRIPTION
RENDERING VIEW 3
BY
JN
JN
ND
JN
DRAWING # OPTION REV. SHEET
RUSS BASSETT CORPORATION HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGED IN ANY FORM OR MANNER WHATSOEVER, NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF RUSS BASSETT CORPORATION. PN -10031-01 1 D
DASH PLA
(ORDERED SE ARATELY
)
BLANK
SINGLE USB KEYSTONE
c
DOUBLE USB KEYSTONE
D
DEVICE CHARGING / USB A -A
E
DEVICE CHARGING / USB A -C
F
GOOSENECK LIGHT
G
AMBIENT LIGHTDIMMER
H
SINGLE STATUS LIGHT SWITCH
1 Off,;
DOUBLE STATUS LIGHT SWITCH
DASHBOARD PLANNING include GUIDE
voice/data connections.
separate/y. Use this gulae to Available Dash Plat
ecti°
The "Pate ports areplan Your dashboard Iare aYaut q o the phones, etc. data
and
the Dash for permanent connections such
Dashboard U as keyboards,
drives and personal keyboardsgre for quick mice,
Data Color temporary
Markers Ca connections, such as flash
Color be
Data
connected or Mers arke Each data used to
help identify �,,,
sold as h system
are
separately in bags of 10 accommodations a the data
or 100. color marker. Data
terminations
Status light functions:
White - on phone
Red - Fire
Blue - Police
INDICA SWITCH COLOR11 or I S ASE
HERE:
PATCH B
W/ DATA COLOR MARKER
ORTS (HIDDEN
o ❑ ACCOMMODATIONS
Desktop Power
o ° o ❑1 ❑ MODATIONS
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POSITION TYPE:
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10.19.23 E. ° 0
Reviewed wit o
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confirmed b Placentia 10. S
Y Dove R.
X00
C� r
0 RED
°BLUE ❑GREEN
Y DATA ❑YELLOW
DASH CARTRIDGE LOCATIONS
0 0
1 VOICE/DATA KEYST
(ORDERED SEPARATELY)
EP ONES
A RA TEL Y)
USB 3.0
RJ 45
RJ 11
3.5 MM
DATA COLOR MARKERS
• BL (BLACK)
• BR (BROWN)
• BL (BLUE)
RD (RED)
• GY (GRAY)
• GR (GREEN)
0 WH (WHITE)
; russb ass • HM (HONEY MAP
e tt LE)
QUANTITY
c) PK. 100 PK.
10 PK 1
� 00 PK,
10 PK. 100 PK.
10 PK.100 PK•
10 PK 1
• 00 PK.
10 PK 1
• 0p PK,
10 PK. I00 PK.
10 PK. 100 PK
PROJECT #:
REVISION:
PROJECT NAME:
QUOTE DATE:
EXPIRATION DATE:
CUSTOMER:
CONTACT:
ADDRESS:
PHONE:
EMAIL:
Quotation
PN -10031-01
D
PPSC Placentia Public Safety Center
11/9/2023
12/23/2023
Placentia Police Department
Stefanie Acosta -Reyes
401 East Chapman Ave
Placentia, CA 92870
714-993-8117
[email protected]
Option: 1
;a russ bassett
Russ Bassett Corporation
8189 Byron Road Whittier, CA 90606
Tel: 800.350.2445 Fax: 562.698.8972
www.russbassett.com
SALES EXECUTIVE: Ava Rabago
ADDRESS: 8189 Byron Rd
Whittier, CA 90606
PHONE: (562) 505-4719
EMAIL: [email protected]
AREA: 1
8 ■
Consoles
AREA 1 TOTAL: $
173,683.80
FSA -CS -72
Flex Sit -Stand, 90° Corner, 72W, Single Lift, Adj. Array $ 5,332.55 $
42,660.40
8 FCF-42-T-SSP
Flex Sit -Stand Corner Filler, 42H, Tech Storage, Powder $ 621.00 $
4,968.00
2 FSW-07-1842-EMT-SWN Flex Wall, 07D, 18L x 42H, Empty Side A, Slatwall Side B $ 424.93 $
849.86
1 FSW-07-1842-SWN-SWN Flex Wall, 07D, 18L x 42H, Slatwall Side A, Slatwall Side B $ 597.43 $
597.43
2 FSW-07-2442-EMT-SWN Flex Wall, 07D, 24L x 42H, Empty Side A, Slatwall Side B $ 438.73 $
877.46
11 FSW-07-3042-EMT-EMT Flex Wall, 07D, 30L x 42H, Empty Side A, Empty Side B $ 280.03 $
3,080.33
1 FSW-07-3642-SWN-SWN Flex Wall, 07D, 36L x 42H, Slatwall Side A, Slatwall Side B $ 638.83 $
638.83
6 FSW-07-4242-EMT-SSP Flex Wall, 07D, 42L x 42H, Empty Side A, Sit -Stand Powder Side B $ 432.40 $
2,594.40
3 FSW-07-4242-SSF-SSF Flex Wall, 07D, 42L x 42H, Sit -Stand Fabric Side A, Sit -Stand Fabric Side B $ 694.03 $
2,082.09
2 FSW-07-4242-SSP-SSP Flex Wall, 07D, 42L x 42H, Sit -Stand Powder Side A, Sit -Stand Powder Side B $ 556.60 $
1,113.20
2 FSW-07-4842-SWN-SWN Flex Wall, 07D, 48L x 42H, Slatwall Side A, Slatwall Side B $ 666.43 $
1,332.86
8 FTC -0706 -SL -S Flex Top Cap, 7D x 6W, Status Indicator Light Pole Receiver, Square $ 207.58 $
1,660.64
3 FTC -0718 -S -S Flex Top Cap, 7D x 18W, Solid, Square $ 131.68 $
395.04
2 FTC -0724 -S -S Flex Top Cap, 7D x 24W, Solid, Square $ 138.58 $
277.16
1 FTC -0736 -S -S Flex Top Cap, 7D x 36W, Solid, Square $ 152.38 $
152.38
1 FTC -0748 -GL -BL -S Flex Top Cap, 7D x 48W, Blue Lit Glass W/ Logo, Square $ 1,554.80 $ 1,554.80
1 FTC -0748 -S -S Flex Top Cap, 7D x 48W, Solid, Square $ 166.75 $
166.75
8 FTC -0766 -S -S Flex Top Cap, 7D x 66W, Solid, Square $ 187.45 $
1,499.60
6 FTC -0772 -S -S Flex Top Cap, 7D x 72W, Solid, Square $ 194.35 $
1,166.10
16 FTP -12-N Under Surface Tech Pod, 12"W
$ 274.28 $
4,388.48
4 FWS-FRE-3618-W Work Surface, Rectangle, 36D x 18L
$ 453.68 $
1,814.72
2 FWS-FRE-3624-W Work Surface, Rectangle, 36D x 24L
$ 503.13 $
1,006.26
2 FWS-FRE-3636-W Work Surface, Rectangle, 36D x 36L
$ 602.03 $
1,204.06
4 FWS-FRE-3648-W Work Surface, Rectangle, 36D x 48L
$ 701.50 $
2,806.00
8 FWS-SCA-3672-N-W Work Surface, 90° Corner Sit -Stand, Single Lift Array, 36D x 72L $ 1,088.48 $ 8,707.84
2 FBP-1842-SPS Flex Back Panel, 18W x 42H, Solid, Powder, Square $ 217.35 $
434.70
2 FBP-2442-SPS Flex Back Panel, 24W x 42H, Solid, Powder, Square $ 224.25 $
448.50
6 FBP-3042-SPS Flex Back Panel, 30W x 42H, Solid, Powder, Square $ 231.15 $
1,386.90
6 FBP-4242-SPS Flex Back Panel, 42W x 42H, Solid, Powder, Square $ 244.95 $
1,469.70
2 FCC -07L -9042 -EPS Flex Corner Connector, 7D, 90° L -Type, 42H, Exterior, Powder, Square $ 317.98 $
635.96
1 FCC -07T -9042 -EPS Flex Corner Connector, 7D, 90° T -Type, 42H, Exterior, Powder, Square $ 317.40 $
317.40
Quotation
PROJECT #: PN -10031-01
REVISION:
PROJECT NAME: PPSC Placentia Public Safety Center
Option: 1
isrussbassett
Russ Bassett Corporation
8189 Byron Road Whittier, CA 90606
Tel: 800.350.2445 Fax: 562.698.8972
www.russbassett.com
1 FCC -07X -9042 -MTS
Flex Corner Connector, 7D, 90° X -Type, 42H, Empty, Square 207.58 $
5 FEC -FH -0742-L
Flex End Cap, Fixed Height, 7" Wall, 42"H, Lam
276.00 $
207.58
1,380.00
6 FPD -3618 -BBF -L -N Flex Drawer Pedestal, 36D x 18W, Box/Box/File, Laminate Faces, No Lock 442.75 $
2,656.50
2 FPD -3624 -BBF -L -N Flex Drawer Pedestal, 36D x 24W, Box/Box/File, Laminate Faces, No Lock 457.13 $
914.26
6 FPD -3624 -FF -L -N Flex Drawer Pedestal, 36D x 24W, File/File, Laminate Faces, No Lock 424.93 $
2,549.58
2 FPO -3618 Flex Open Storage Pedestal, 36D x 18W
319.70 $
639.40
2 FPO -3624 Flex Open Storage Pedestal, 36D x 24W
342.13 $
684.26
1 WAC -ARTWORK Logo Artwork Prep - Per Logo Design
687.70 $
687.70
8 WAC-DTB-14 14 Port Data Termination Bracket, Universal
83.38 $
667.04
1 WAC -ETCH -LOGO Glass Etching, Logo - Per Logo Instance 722.20 $
722.20
1 WAC -ETCH -TEXT Glass Etching, Text - Per Text Line
996.48 $
996.48
8 WAC -BOND -KIT -R56 Flex Console Bonding Kit, R56
518.08 $
4,144.64
5 WAC-PSTRIP-H-15 Power Strip, 15 Amp, 7 Outlet, With Horizontal Trough Mounting Bracket
69.58 $
347.90
8 WAC-SL-CNCT-KT Status Indicator Light Connection Kit with Power Supply 173.08 $
1,384.64
8 WAC-SLT-5-36 Pole Mount Situation Awareness Light, 5 -Lens, 36'H Pole 585.93 $
4,687.44
8 DAC-AMB-PWR Ambient Light Power Supply W/ Splitter
55.78 $
446.24
8 DAC -AMB -SW -12 Ambient Light, Slatwall, 12", Blue
104.08 $
832.64
8 DAC -AMB -SW -72 Ambient Light, Slatwall, 72", Blue
276.00 $
2,208.00
8 DAC-COATHOOK Locker Coat Hook
31.63 $
253.04
48 DAC-CO-RJ45 RJ45 Keystone - Coupler
21.28 $
1,021.44
64 DAC -CO -USB
USB -A 3.0 Keystone - Coupler (Includes 15' Extension)
41.98 $
2,686.72
8 DAC-CUPHLDR-US-R Cup Holder, Under Surface, Rotating
114.43 $
915.44
8 DAC-DASH-CHRG-AA Dash Plate, Device Charging, USB A -A 113.85 $
910.80
8 DAC-DASH-CHRG-AC Dash Plate, Device Charging, USB A -C 163.88 $
1,311.04
8 DAC -DASH -DIMMER Dash Plate, Ambient Dimmer
94.88 $
759.04
8 DAC -DASH -LIGHT Dash Plate, Gooseneck Light
204.70 $
1,637.60
8 DAC -DASH -SWITCH -B Dash Plate, Switch, Status Indicator Light, Blue 104.08 $
832.64
8 DAC -DASH -SWITCH -R Dash Plate, Switch, Status Indicator Light, Red 104.08 $
832.64
8 DAC -DASH -USB -X2 Dash Plate, 2 USB Keystones W/ Cables 116.73 $
933.84
1 DAC-DCM-100-BL Data Color Markers, 100 Pack, Blue
58.65 $
58.65 1
DAC-DCM-100-Gn Data Color Markers, 100 Pack, Green
58.65 $
58.65 1
DAC-DCM-100-RD Data Color Markers, 100 Pack, Red
58.65 $
58.65 1
DAC-DCM-100-WH Data Color Markers, 100 Pack, White
58.65 $
58.65 8
DAC -MM -01 -SW -PM Monitor Mount, Slatwall, Pole Mount 362.25 $
2,898.00
8 DAC -MM -11 -SW -PM Monitor Mount, 1 -Over -1, Slatwall, Pole Mount 586.50 $
4,692.00
8 DAC -MM -11 -SW -PM -HD Monitor Mount, 1 -Over -1, Slatwall, Pole Mount, HD 661.25 $
5,290.00
8 DAC-PCS-FLX-A Flex Personal Comfort System, Heat & Air $ 1,500.18 $ 12,001.44
8 DAC-PWR-USB-EDGE Power / USB Charger, Edge Mount
258.75 $
2,070.00
8 DAC -SL -CIS Status Indicator Light - Custom Interchangeable Sign 121.33 $
970.64
4 DEF-DWR-2430-3H-NL Lateral File Cabinet, 24"D x 30"W x 42"H, 3 High Unit, No Lock $ 1,168.40 $ 4,673.60
7 DEF -PSD -2415 -3H -MS Personal Storage Drawer, 24"D x 15"W x 42"H, 3 High Unit, Mail Slot, Locking $ 1,085.60 $ 7,599.20
2 DEF -PSD -BSE -0230 Drawer Base, 2 Wide, 24"D x 30"W x 2"H 150.65 $
301.30
Quotation
PROJECT #: PN -10031-01
REVISION: D
PROJECT NAME: PPSC Placentia Public Safety Center
Option: 1
;: russ Bassett
Russ Bassett Corporation
8189 Byron Road Whittier, CA 90606
Tel: 800.350.2445 Fax: 562.698.8972
www.russbassett.com
1 1
3 DEF -PSD -BSE -0245 Drawer Base, 3 Wide, 24"D x 45W x 2"H DEF-STG-TOP-2445-G-S Storage Top, 24"D x 45'W, Grommet
DEF-STG-TOP-2460-G-S Storage Top, 24"D x 60"W, Grommet
HGACBuy Contract #: EC07-23 (911 Equipment & Emergency Notification Software and Services).
Prices shown herein are Net (discount applied) unless otherwise noted. Effective Dates 8/1/2023 - 6/30/25. $ 184.00 $
$ 367.43 $
$ 621.00 $
Product Total: $
Sales/Use Tax (8.75%): $
Delivery Services: $
Russ Bassett Installation Services includes union/prevailing wage: $ Total Due $
184.00
367.43
1,863.00
173,683.80
15,197.34
2,950.00
45,200.00
237,031.14
SALES AGREEMENT
PROJECT / ORDER DETAILS
BUYER: Placentia Public Safety
PROJECT NAME: City of Placentia
PROJECT NUMBER: PN -10031-01 Opt 1 Rev D
BUYER PURCHASE ORDER NO:
Isrussbassett
Thank you for your order! To make sure both parties agree on their individual responsibilities, we have prepared the following "Sales Agreement" to cover items relating to your order.
1. GENERAL
The terms outlined herein represent the complete agreement between the seller, Russ Bassett Corp. ("RBC") and Placentia Public Safety ("BUYER"). This Sales Agreement supersedes any other prior conversations, understandings, and agreements, written or verbal.
2. SCOPE OF WORK
RBC agrees to provide product,(specifically built -to -order for this project), delivery, and installation as detailed in the attached drawings, renderings, and quotation / proposal, collectively referred to as "Attachment A".
3. INVESTMENT
BUYER shall pay RBC $237,031.14 in U.S. currency in return for the products and services outlined in Attachment A, per the milestone payment schedule below.
4. MILESTONE PAYMENT SCHEDULE
RBC milestone payment term schedule for this project are as follows:
MILESTONE PROGRESS PAYMENT INVOICED
1. SUBMITTAL OF ORDER TO RBC 25% Due: With Order or Net 15 Days
2. ORDER SHIPMENT 50% Due: Net 30 Days
3. SUBSTANTIAL COMPLETION OF THE PROJECT 25% Due: Net 15 Days* *10% retainage can be held back if there are minor punch list items delaying final completion.
5. BONDS
No bonds are included as part of this order.
6. TAXES
BUYER shall be responsible for all sales and use taxes beyond what is collected on this order.
7. FINAL ORDER APPROVAL
Receipt of BUYER's purchase order, signed copy of this Sales Agreement, and receipt of 25% milestone payment #1 constitutes final approval of all attachments and conveys to RBC clear approval and authority to move forward with manufacturing to meet your firm delivery requirements.
8. SCHEDULE
Sales Agreement (Placentia Public Safety PN -10031-01 Opt 1 Rev D) Page 1 of 5
SALES AGREEMENT
Isrussbassett
RBC shall coordinate with BUYER's Designated Contact to establish a firm shipment and delivery schedule to meet BUYER's desired installation requirements. This schedule will then be published and made part of this Agreement.
9. CHANGES
Any REQUEST for changes to the design, scope of work or schedule shall be made in writing. RBC will notify BUYER if it is possible to accommodate the requested change and, if so, what costs and schedule impacts would apply. No change will be made without sign -off of the updated quote and drawing by BUYER and prepayment of additional costs. Once a confirmed order is within 4 WEEKS of the scheduled ship date, it is NOT AVAILABLE FOR CHANGES.
10. DELAYS
If BUYER is unable to take delivery per the agreed upon schedule, RBC will, as a courtesy, warehouse the product at no charge for up to 30 days. After 45 days, 100% of the Product Total will be invoiced, less any prior progress payments already received. At that time STORAGE FEES OF 1% PER MONTH, of the product total will apply and be billed monthly. Freight and Installation fees will be billed at time of shipment and due upon substantial completion of the installation. A 10% retainage may be held back to cover resolution of any outstanding punch list items.
11. SHIPPING
Freight and delivery charges include inside delivery and removal of packaging debris. If damage occurred during shipping, RBC would rush a replacement item to the installation site and remove the damaged item at no cost to BUYER. If BUYER modifies the schedule, requests additional shipments, expedited shipments, or off-site storage beyond the original scope of work, any resulting additional costs shall be the sole responsibility of BUYER.
12. SITE CONDITIONS
To ensure a successful installation, the delivery and installation site must be 100% ready. This includes clean and free access to allow delivery, movement, staging and installation of the product as agreed at the time of order, including elevator access if not a "ground floor" installation. All flooring, walls, painting, carpeting, ceiling, and electrical work should be complete prior to the arrival of the RBC product. BUYER shall appoint an on-site representative that will be available to RBC's installation team for security, site safety and product placement coordination.
Unless otherwise arranged, RBC is not responsible for professional architectural, electrical, mechanical, structural or floor loading analysis. These services may be available on a fee basis upon request.
13. INSTALLATION
RBC installations are performed by RBC authorized, factory trained, non-union furniture installers during normal, uninterrupted, business hours. Overtime, evening, weekend, and holiday work is available at an additional charge. The installation charge includes the placement, installation, clean-up and training on the use, service and maintenance of the products supplied. Any existing materials subject to relocation by RBC that were not included in the original scope of work may be subject to additional charges. RBC assumes that the site is prepared to allow RBC installers to receive the product and complete the installation in a single installation activity unless it is already quoted otherwise under the scope of work. If multiple site visits are required at the request of BUYER, RBC will provide a revised quotation for any resulting additional costs.
14. ACCEPTANCE
Sales Agreement (Placentia Public Safety PN -10031-01 Opt 1 Rev D) Page 2 of 5
SALES AGREEMENT
Isrussbassett
To ensure BUYER's complete satisfaction, BUYER shall have a representative join an RBC representative for a walk through after final installation. At this time, RBC will turn over the product to BUYER, provide a product demonstration and training session outlining its proper use and maintenance. BUYER will be requested to sign -off on the installation or create a "punch list" of all incomplete or unsatisfactory items. All "non punch list" items will be considered complete and accepted. Once all agreed punch list items are corrected, BUYER shall sign -off on the project and will be invited to comment on the Installation Survey form.
15. CANCELLATION / RETURNS
As stated above, orders are BUILT TO ORDER and therefore, once started, it is not subject to cancellation or return. Any requests for consideration of cancellation must be submitted in writing and approved by an officer of RBC. Requests received and approved within two weeks of receipt of order will be accommodated at no charge.
If the request is received after two weeks, it will be subject to a cancellation charge. The cancellation charge will be between 25% and 100% of the contract amount depending on how far the order has progressed through the system. RBC will deliver a Cancellation Quote with supporting documentation. If BUYER decides to proceed with the cancellation, BUYER agrees to pay RBC within 30 days of cancellation invoice.
16. WARRANTY
RBC warrants, to the original BUYER, that all products will be free from defects in material and workmanship for 10 full years.
In mission critical, 24/7/365 environments, quickly resolving a product issue is of top priority for both the BUYER and RBC. Prompt execution of this warranty requires cooperation. With guidance from RBC, BUYER agrees to perform basic troubleshooting tasks to determine the nature of the defect and to self -correct before on-site assistance can be provided.
For simple replacements, the part will be quickly shipped directly to BUYER. If the problem requires on-site assistance, RBC will come out during normal work hours to resolve the issue. If the defect is found to have resulted from circumstances outside of the warranty coverage, and/or BUYER imposes conditions or restrictions that increases the service cost, BUYER agrees to reimburse RBC for any resulting additional expense. BUYER also agrees to properly dispose of the old parts and packing material. The few circumstances where this warranty against defects would not apply include normal wear and tear, damage, misuse, modifications, consumable items, or product shipped outside the U.S.
Repairs, substitute products or replacements, of equal or higher value, used to resolve a warranty claim will in no way extend the warranty period applied to the original product. Product repair or replacement is BUYER's exclusive remedy for all product defects covered under this non- transferable warranty. RBC makes no other express or implied warranties on any product except as stated above and makes no warranty of RBC product fitness except for use as standard console furniture.
17. LIABILITY
RBC shall not be liable for damages in any form or any other claim arising out of strikes, floods, fire, accidents, or any other causes beyond RBC's control. RBC shall not be liable for any liquidated, consequential, or incurred damages, nor penalties of any kind for delays in the completion of work. Acceptance of final payment under this agreement shall be conclusive evidence that RBC Sales Agreement (Placentia Public Safety PN -10031-01 Opt 1 Rev D) Page 3 of 5
SALES AGREEMENT
Isrussbassett
has performed all its obligations under this agreement and shall release RBC from all claims by BUYER.
18. NON -DISCLOSURE
All engineering, drawings, specifications, or other written materials provided shall represent an RBC investment and shall remain the property of RBC. Such items are submitted with the understanding and agreement that the information will not be disclosed to any third party without the written consent of RBC.
19. FORCE MAJEURE
In the event that either party is prevented from performing or is unable to perform any of its obligations under this Agreement (other than a payment obligation) due to any act of God, acts or decrees of governmental or military bodies, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, civil unrest, insurrection, materials unavailability, or any other cause beyond the reasonable control of the party invoking this section (collectively, a "Force Majeure"), and if such party shall have used its commercially reasonable efforts to mitigate its effects, such party shall give prompt written notice to the other party, its performance shall be excused, and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences. Regardless of the excuse of Force Majeure, if such party is not able to perform within ninety (90) days after such event, the other party may terminate the Agreement.
20. NOTICES
All notices, requests, demands, and other communications given under this agreement shall be in writing and shall be deemed to have been duly given if delivered personally, via e-mail with receipt confirmed, or sent by Federal Express (or other overnight courier).
For BUYER send to: For Seller send to:
Stefanie Acosta -Reyes
Placentia Public Safety
2999 East La Jolla Ave
Anaheim, CA 92806
[email protected]
Gordon Walters
Controller
Russ Bassett Corp.
8189 Byron Road
Whittier, CA 90606
[email protected]
SIGNATURE PAGE
Sales Agreement (Placentia Public Safety PN -10031-01 Opt 1 Rev D) Page 4 of 5
russbassett
HGACBuy Contract EC07-23
9-1-1 Equipment R, Fmernency Notificntion Snftwnre R, Services Informational Overview
Contract Introduction
HGACBuy contract is a national cooperative purchasing vehicle available to state and local government agencies. This is an alternative to having to go out for competitive bids since the contract was already competitively bid. Contract cycles are typically two (2) years, with new competitions occur every two (2) years.
There is in any given award cycle the option for extension(s) of the contract.
There is no cost to the agency to use HGACBuy Contracts or to sign up as a member.
An agency can find out if they are a member by following this link and looking up the members in their state:
htto:// www.haacbuv.ora/about/end-users.asox .
If they are not already members, an agency can sign up with HGACBuy and then utilize the contract by way of referencing it on their PO. The agency - or their parent municipality, county or state - enters into an interlocal agreement (ILC) with HGACBuy. The process for signing up as a member can be found here:
httos:// www.haacbuv.ora/join/become-an-end-user.asox .
To access the HGACBuy website directly to learn more about the contract, please visit httos:// www.haacbuv.ora/about/default.asox .
The agency can also reach out directly to Veronica Johnson who administers the 9-1-1 Equipment & Services contract. Veronica's contact information is listed below.
Veronica Johnson
HGACBuy
Procurement Specialist
713-993-2446
[email protected]
Russ Bassett and HGACBuy
Russ Bassett Consoles are available on HGACBuy Contract EC07-20 for 9-1-1 Equipment. This contract cycle went into effect August 1St, 2023 and expires June 30th, 2025. Additionally, Russ Bassett competed for and held in good standing the same contract in the EC07-16, EC07-18 and EC07-20 cycles.
For clients interested in this contract, we supply a line -item detail quotation specific to the client's Russ Bassett developed design drawing package. An associated HGACBuy worksheet is also available upon request. At the time of order, we submit the HGAC worksheet, our line -item detail quotation and a copy of our client's purchase order to HGACBuy and they review each line item and the overall order to ensure contract compliance.
The following products and services are available from Russ Bassett on HGACBuy Contract EC07-20:
Product Line Discount
Flex Consoles - Refer to Pricelist/Catalog v 2021-08-11 42.5% Off of List Price Define Consoles - Refer to Pricelist/Catalog v 2021-08-06 42.5% Off of List Price Define Storage - Refer to Pricelist/Catalog v 2021-08-06 42.5% Off of List Price Define Tables - Refer to Pricelist/Catalog v 2021-08-05 42.5% Off of List Price Accessories - Refer to Pricelist/Catalog v 2021-08-11 42.5% Off of List Price Freight Services Quoted by Project
Installation Services Quoted by Project
To access the full contract details and line items, please visit: HGAC - Russ Bassett 8189 Byron Road Whittier, CA 90606 1 Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
isrussbassett
Russ Bassett Public Safety Customers who have used the HGACBuy 9-1-1 Products & Services Contract for their project procurement include:
• Blue Earth County 911 (MN) - 6 Positions, Modernization, 2020 • Brown County Sheriff's Office (SD) - 6 Positions, Modernization, 2020 and 2021 • Carver County Sheriff's Office (MN) - 8 Positions, Modernization, 2021 • Dallas Fire Rescue Department (TX) - 12 Positions, Modernization, 2017 • Dallas Police Department (TX) - 58 Positions, Modernization, 2017 • Denver 911 (CO) - 55 Positions, New Facility, 2018
• Dickinson County Sheriff's Office (IA) - 4 Positions, Modernization, 2021 • Ennis Police Department (TX) - 4 Positions, New Facility, 2020 • Peoria Police Department (AZ) - 14 Positions, Modernization, 2020 • Sand Springs Police Department (OK) - 3 Positions, New Building, 2019 • South Sound 911 (WA) - 85 Positions, New Facility, 2021 • Yankton Police Department (SD) - 3 Positions, Modernization, 2020 • North County Dispatch Joint Powers Authority, Rancho Santa Fe (CA) - 9 Position Modernization 2020 • LA CLEAR, City of Monrovia (CA) - 17 Position Modernization 2020 • Clovis Police Department, Clovis (CA) - 10 Position Modernization 2021 • Chino Police Department, Chino (CA) - 2 Position RTCC Modernization 2022 8189 Byron Road Whittier, CA 90606 1 Tel 562.945.2445 / Fax 562.698.8972 1 [email protected]
FlexConsoles
THE FLEX ADVANTAGE
Console furniture desicned to directly support your team's communication, health and encagement coals.
Choose from a variety of shapes and sizes to create a workplace that meets your operator and technolocy needs, today and tomorrow.
GIVING YOU THE FREEDOM TO CHOOSE
Both corner and linear consoles consume a similar footprint which gives you the freedom to choose the style that is right for your team. 90°Corner Console
Linear Console
- 7'
This side-by-side comparison shows 42 corner consoles and 42 linear consoles planned into the same space.
42 Corner Consoles
42 Linear Consoles
MAXIMIZING SPACE AND WORK FLOW ZERO WASTE!
For agencies with unique room architecture or dedicated response teams, consider planning with corner and linear consoles to improve use of space, tra-c and communication flow.
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18 Corner Consoles
Linear Consoles
I CALL'
TAKERS
Russ Bassett 90° corner consoles make use of the back corner for technology and equipment storage. Zero wasted space means teams can choose a corner console and know they are Getting a workstation that is comfortable and space efficient.
Using the corner space for
tech storage, rather than side
extensions, increases the size
of the sit -stand portion of the
console providing more work-
ing space for the operator.
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This consolidated agency selected
a blend of console shapes and
sizes to best support workflow
and the varied technology
requirements including the
number of monitors and
equipment storage.
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SINGLE SURFACE, DUAL LIFT
Heavy duty lifting columns support a height adjustable surface. A second set of lifting columns support a height adjustable monitor array.
Single Surface
Ergonomic Benefits of Single Surface, Dual Lift
An expansive
work zone helps
operators stay
organized and
provides plenty of
room for side-by-
side training.
Height
Adjustment
Promote musculo-
skeletal health by
accommodating
the 95% male,
the 5% female
and everyone in
between.
Adjusting the worksurface and monitor simultaneously or independently delivers ergonomic comfort and ease of use for the tallest or most petite team members.
Dual Lift
Reach Zones
To mitigate
repetitive twisting
and stretching,
user controls are
located within
the dispatcher's
primary reach
zone.
Occasional
Repetitive
Monitor Viewing
The curved Slatwall
Monitor Array's range
of height and focal
depth adjustment
promotes healthy
viewing distance
and angle, reducing
eye strain and neck
tension.
12" Monitor
Height
Adjustment
• 48.7" Standing
Surface Height
26" Sit to Stand
Range
•• 22.6" Seated
Surface Height
E
Lim of 501.
USER INTERFACE
Whether your team prefers cockpit -style positioning or a more linear approach to the work surface, Flex has you covered.
Corner
The single wrap-around surface is flanked by technology and/or personal storage.
Customizable Dashboard
• - •• SHARED FEATURES • -
Monitor Array with
12" Monitor Height
Adjustment
Expansive Single
Surface with 26" Sit
to Stand Adjustment
Range
Unencumbered Knee
Space
Located within easy reach, your console Dashboard comes with surface height and monitor height adjustment controls. You may add up to six additional cartridges.
Accessory Options:
• Dimmable Task Light
• Quick -Connect USB Ports
• Personal Comfort System
Controls
• Convenience Power
• Situational Awareness Alert
• Ambient Lighting Dimmer
Both console styles share a set of features that help operators remain comfortable and attentive.
Linear
A linear work zone allows operators to spread out and makes side-by-side training more comfortable.
Universal Personal Comfort System
Cooling and heating at the console allows operators to achieve personalized comfort throughout their shift, helping reduce tension and boost focus.
The Endure comfort
edge is directly
molded to the
substrate for a
watertight seal and
ultimate durability
- no marring, no
curling, no peeling.
Add optional
Personal or Technical
Storage Returns
.. SHARED FEATURES
The Personal Comfort
System includes two (2)
under -surface, tilting
heaters and two (2)
freestanding desktop
fans with centralized
Dashboard controls. All
appliances are energy
efficient and ultra -quiet.
TECHNOLOGY INTEGRATION
Flex's tech integration foundation is the 7" deep, steel Technology Wall. The structure encircles the console and holds critical equipment.
Equipment Storage
The Technology Wall, including the rear corner on 900 consoles, has ample capacity for mid-sized towers and equipment.
Rack Mounting
The Technology Wall and ancillary technology storage cabinets are rack mount ready.
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Optional cabinets placed alongside the console expand
equipment capacity.
Power, Data and Grounding
Power, data and grounding terminate within the Technology Wall.
Wire Management
High capacity cable chases and energy chains keep power and data cords protected from crowding and disconnection.
Additional Storage
AH technology cabinets
are passively cooled by
design. Rear cable pass-
through opens to the
adjacent Technology Wall.
Optional pull out shelf
eases access to the back
of PCs and equipment.
ACCESSORIES, LIGHTING & RECOGNITION
Mission critical teams are most efficient when console workspaces are comfortable and organized.
User Amenities
Pictured clockwise are the slatwall mounted Task Light, Sanitation Station, Keyboard Taco (other Slatwall Tools available), and Situational Awareness Light with Position Sign.
Tech Integration
Simplify installation with the Situational Awareness Light Connection Kit, Data Termination Bracket, Micro PC
Mounting Bracket, and Technology Wall PC Tray.
Custom Solutions
Transaction counters and other unique
solutions ease work flow and help teams
stay connected.
Ambient
Lighting
Adjustable ambient
lighting, above
and below the
console surface,
complements
conventional lighting
with a calming blue
tone. Blue LED
lighting reduces
monitor glare in
ultra -bright and low
light areas.
Etched Glazing
Up -lit etched glass boosts agency pride and reinforces your agency's mission.
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} NTEGRIfY grEerrefiE___
Logo Panels
Logo panels add
full-color badging
for teams seeking
additional way -
finding and agency
recognition.
rarussbassett
New and Improved Adjustable
Monitor Array Sit -Stand Consoles
Dear Valued and Prospective Russ Bassett Customers,
Like automotive manufacturing, console furniture design regularly evolves around new technology, innovation, and customer feedback.
We are excited to introduce the new and improved, 2022/23 model year adjustable monitor array sit -stand to our already market leading Flex and Define Console product platforms! The new adjustable array sit -stand console model features a Sub -Flush Dashboard to allow the bottom bezel of the monitors to get even lower, extra Dashboard Cartridge bays for added convenience and control functionalities, compressed monitor array envelope enhancing ergonomic focal depth adjustment, an upgraded array height controller, a removable rear monitor array shroud, and additional anti -collision technology.
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Here is a little more information
on each enhancement:
4/1) SUB -FLUSH DASHBOARD
The dashboard has been recessed into the work surface for a cleaner look and to allow monitors to get even lower. Monitors can now skim just above the work surface, provided the Personal Comfort System fans are moved out of the way. Our previous model was already supportive of a neutral -to -downward gaze, but for those customers who have stacked monitor applications and are coming from a "split -surface", allowing the monitors to get closer to the large single piece work surface reduces the challenge of the change for the team.
OEXTRA DASHBOARD BAYS
The Dashboard has been redesigned to utilize a new Faceplate design, which is smaller than the old spring cartridges. Combined with moving the desktop controller to the center, this change now gives the customer eight (8) configurable bays rather than six (6). This means there are more configuration options and removes the challenge of running out of ports for control functions when you want to do it all (manual situational awareness light switches, gooseneck lights, USB ports, convenience power, ambient lighting dimmer).
COMPRESSED ARRAY DEPTH
This new array design requires a shallower structure behind it, which has allowed us to push the array about 4" further back relative to the front of the work surface. This change has multiple advantages including more available monitor fit width, the capability to get the monitors further away, which is particularly helpful when larger screens are used and also that the Dashboard is always exposed even at full forward array position.
O ARRAY CONTROLLER UPGRADE
The new array lift system includes a nice height control that is located at the same point as the focal depth handle and now includes a digital display reading the array height in inches (0 to 11), height memory presets and can display error codes in the unlikely situation your monitor array requires service.
O REMOVABLE REAR SHROUD
To enhance users' line of sight to video walls and out from Supervisory positions, we have changed the monitor array structure in a way that makes the rear shroud purely cosmetic. Still desirable in open plan environments, when and where appropriate, it can be removed!
O NEW COLLISION DETECTION TECHNOLOGY
Last but not least, we have integrated a new collision detection technology into the 2022/23 Array Console that provides an additional level of protection if a collision should happen outside the area of the currently deployed lap bar. This new system utilizes gyro, accelerometer and vibration detection sensors to provide additional protection and will be used in conjunction with the lap bar. We are the only manufacturer on the market with redundant collision detection systems.
8189 Byron Road Whittier, CA 90606 Tel: 562.945.2445 Fax: 562.698.8972 [email protected]
R56 BONDING AND SPD KITS
Grounding
R56 COMPLIANCE 101
Developed and maintained by Motorola Solutions, R56 takes into account fire, electrical codes, tower grounding and construction codes, and industry codes to ensure fire protection, operator safety and equipment protection through proper installation, grounding, bonding, and surge protection. It is considered the industry standard for correct bonding, grounding, surge protection and installation practices for radio towers and control rooms.
Russ Bassett has collaborated closely with co-authors of the R56 standard to develop a range of R56 compliant bonding, grounding and surge protection systems to fit your needs and budget.
R56 Compliant
• SPDs •
R56 Compliant SPDs
#10 AWG 4"x12" Bus Bar
Bonding Jumpers
•
#10 AWG
Bonding Jumpers
R56 Compliant SPD
•
R56 Compliant
SPD
isrus5 Bassett
GET TO KNOW THE R56 COMPONENTS
Surge Protection Device
SPD
Metal Housing, External Double -Lug Bonding
Connection Site, #10 AWG Double -Lug Bonding
Wire, Covered Switch
AVAILABLE R56 KITS
Bus Bar
4" x 12", 1/4" Thick Copper, 1/4"
Holes, 3/4" O/C and 3/8" Holes,
1" O/C, #10 AWG Double -Lug
Bonding Wire to Frame
Bonding
Jumpers
Frame to Frame
Bonding, Frame to Sit -
Stand Bonding
KIT #1: FULL R56 COMPLIANCE
The Full R56 Compliance Kit includes one (1) R56 compliant 14 -outlet SPD, one (1) R56 compliant 6 -outlet SPD, one (1) 4" x 12" Bus Bar, and all required #10 AWG Bonding Jumpers for the console.
KIT #2: R56 CONSOLE AND EQUIPMENT BONDING
For customers who need to bond their equipment and console, but do not need R56 compliant SPDs, this kit delivers one (1) 4" x 12" Bus Bar, and all required #10 AWG Bonding Jumpers for the console. NOTE: For customers using a rack -mounted PDU located within the console frame, extra -long monitor power cables will be required.
KIT #3: R56 CONSOLE BONDING
#10 AWG Bonding Jumpers provide R56 compliant bonding of the console for customers that do not need equipment bonding or R56 compliant SPDs.
Add -On: R56 Compliant SPDs
Available separately, specify additional SPDs for peripheral technology storage areas.
NOTE: All console -integrated bonding connections are installed by our certified installers, up to and including the Bus Bar, creating a "bonded console." After console installation, a certified electrician must connect the Console Bus Bar to the Sub - Bus for the control room with #2 AWG wire, or larger conducter, to "ground" the console. discover more @ russbassett.com 1 infor russbassett.com 1 562.945.2445 1 proudly made in Whittier, CA, USA
OPERATOR COMFORT & FOCUS
Personal Comfort System
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COMPLETE COMFORT WITHIN REACH
Cooling and heating at the console allows operators to achieve personalized comfort throughout their shift, helping reduce tension, increase energy, and boost focus.
i;russbassett
Fans have directional
airflow adjustment.
Personal Comfort
System (PCS)
• 2 movable
desktop fans
• 2 directionally
adjustable
heaters,
mounted below
the surface
• LED -lit control
switch
Each heater pivots up and down to focus heat
toward the lap and toward the feet.
ADDITIONAL FEATURES
Energy-efficient and ultra -quiet
Simple, intuitive controls
Directionally adjustable forced air heaters
Movable desktop fans
Occupancy sensor
Compatible with all Russ Bassett consoles
Operators control the PCS with a single -
touch switch.
SPECIFICATIONS
Cooling Fan
Forced Air Heat
Maximum Current Draw
Voltage
Controls
Warranty
400 fpm
200/400W
4.0 Amps
120 Volts
LED Switches
3 Years
discover more @ russbassett.com 1 [email protected] 1 562.945.2445 1 proudly made in Whittier, CA, USA
OPERATOR COMFORT & FOCUS
Gooseneck Task Light
LIGHTING WHERE YOU NEED IT
The Russ Bassett Gooseneck LED Task Light is moveable and fully dimmable. It's positioned below the monitors to reduce screen glareand it provides a natural, even light that is ideal for calming eye strain in monitor intensive environments.
Shielded lamp prevents screen glare.
FEATURES
Energy-efficient LED
Simple, intuitive control
Light pivots 180° up, down and side-to-side Bulb
hood provides additional control of light flood
direction
Compatible with all Russ Bassett Array consoles
Certified to meet FCC CFR Title 47 Part 15 Class B
Gooseneck LED Task Light
■ Located at the dash, consoles can be
specified with one or more Task
Light Dash Plates.
■ The Touch Dimmer is on the lamp
head for easy reach and allows
the user to adjust lighting for
optimal comfort in full -light
environments and in lower -light
applications.
Touch Dimmer onthe lamp head
provides easy -reach control.
SPECIFICATIONS
Power
Light Output
Color Temperature
Color Rendering Index
LED Life Span
Gooseneck Finish
Gooseneck Length
150mA @ 12 Volts 38
lumens
4000K
85CR1
60,000 hours
Silicone rubber wrapped
24"
discover more @ russbassett.com 1 [email protected] 1 562.945.2445 1 proudly made in Whittier, CA, USA
OPERATOR COMFORT & FOCUS
Ambient Lighting
russbassett
AMBIENT LIGHTING
Ambient lighting relieves eye strain and increases monitor image clarity for operators who spend extended hours in monitor intensive environments.
• Above the surface, ambient lighting softens glare in both bright and dimly lit rooms.
• Below the surface, ambient lighting provides both glare reduction and work light in the foot well, guarding against trip hazards and entanglement.
• A desktop dashboard dimmer, shown right, allows operators to dial in their preferred lighting settings and make adjustments throughout their shift. Dimmer also available to mount on a fixed slatwall return.
SPECIFICATIONS
Energy-efficient blue LEDs.
Light position shields operator's eyes from glare.
Soldered leads are protected with heat -shrink wrap
for durability and lasting performance.
Lengths are specified to fit the console width.
Above -surface and foot -well lighting ordered separately.
Plug -and -play 12 volt power supply ordered separately.
Optional dimmer switch also available.
discover more @ russbassett.com 1 [email protected] 1 562.945.2445 1 proudly made in Whittier, CA, USA
COMMUNICATION
Situational Awareness Light
INTEGRR
)ROFESiONALISM
SITUATIONAL AWARENESS LIGHTS
The LED Tower Light allows multiple situations to be displayed simultaneously, signaling when an operator is available, on a call, in need of critical assistance and more. a
■ Lenses are visible from any direction and distance and multiple colors can light at the same time to indicate several equally relevant conditions. ■ Mounting on an extension slatwall or a Flex top cap maintains a consistent height regardless of varying console positions. You can also mount to the Slatwall Monitor Array if preferred. Multiple pole lengths are available to dial in the desired height. ■ Tower fixtures are pre -wired for five colors (red, amber, blue, green, white). To add an additional color in the future, simply connect the corresponding wire to activate that color.
The LED Dome light allows up to four colors (red, amber, green, blue) and up to two situations to be displayed simultaneously with a single lens. ■ Lenses are visible from any direction and distance and up to two colors can light at the same time to indicate simultaneous relevant conditions. ■ Mounting on an extension or a Flex top cap maintains a consistent height regardless of varying console positions. You can also mount to the Slatwall Monitor Array if preferred.
Multiple pole lengths are available to dial in the desired height. ■ Dome lights are pre -wired for four colors (red, amber, green, blue). To add an additional color in the future, simply connect the corresponding wire to activate that color.
SITUATIONAL AWARENESS LIGHT ACCESSORIES
Maximize your Situational Awareness Light benefits with these optional accessories.
D1SP 08
Elm
SIGN HOLDER
Metal -framed sign holder, with
easy to remove diffusers on
both sides, create instant
recognition at a distance.
SUPERVISOR ALERT
Add a Supervisor Alert Switch at each
position for immediate and
unmistakable critical assistance
requests. The back -lit toggle is available
in multiple colors and sits within easy
reach of the operator.
CONNECTION KIT
The Status Light Connection Kit
powers your Status Light and
makes wiring and switching easy.
discover more @ russbassett.com 1 [email protected] 1 562.945.2445 1 proudly made in Whittier, CA, USA
AGENCY PRIDE & RECOGNITION
Edge Lit Glazing
EDGE LIT GLAZING
Up -lit etched glazing on privacy glass provides agency recognition for visitors and reinforces your agency's mission.
Declare your team's pride with your agency's name, motto or emblem on blue -lit glazed glass.
Edge -Lit Glazing
Glass Panel Logo Kit
• Glass partition
• Art prep and etching
• Blue LED light strip
• Power supply
• Installation
SPECIFICATIONS
Edge Lit Glazing available on privacy glass partitions.
Glass with lighting length is specified to fit the
console.
Blue LED lights nest below the glass partitions.
SFOF•
ryi'
TEGRITY
Custom glazing pattern created from your agency's
badge, logo or motto.
110/12V power included.
Installation included.
discover more @ russbassett.com 1 [email protected] 1 562.945.2445 1 proudly made in Whittier, CA, USA
•
ti
A smarter way to use space
Optimize your communications center's floor space with flexible, multifunctional storage solutions from Russ Bassett. Available in multiple sizes, configurations and finishes to suit any type of general or personal storage requirement.
Multi-level lateral file drawer
storage cabinets
Multi -width storage
credenzas
Muti-level open shelving Combination door and
cabinets
drawer cabinets
Combine multiple size and type storage cabinets into a multi- purpose work area
A place for ever
ything
• Options for wardrobes, cubbies,
lockers, storage units and drawers
• Multiple configurations and styles
• Make efficient use of space with
general shared storage cabinets in
centralized areas
Cubbies, credenzas, lockers, work islands
Use Russ Bassett storage solutions to create organized storage spaces for everything in your communications center. We offer thoughtfully designed storage cubbies, lockers, cabinets and work islands that suit all your storage requirements.
• Create an ideal landing spot for
shared resources
• Easily configure your workspace
with storage cabinets in multiple
styles and finishes
• Combine configurations and styles
to create a multifunctional work
island that meets all your team's
needs
russbassett.com 1 [email protected] I made in Whittier, CA, USA
July 20, 2023
Sheriff David P. Decatur, Jr.
Stafford County Sheriff's Office
A State Accredited Law Enforcement Agency
Russ Bassett Corporation,
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cimmitt 4.? ,CG'•f/ nce
On behalf of the Stafford County Sheriff's Office 911 Center we would like to thank you for the beautiful 21 position center. We began meeting with your staff back in January 2022 on plans to modernize and update our centers furniture. Through the course of planning and scheduling our Project Manager left your corporation. Executive Vice President Peter Fink partnered with Senior Project Manager Van Holster to step in and take over the project. We encountered some small setbacks but both Peter and Van took them on without hesitation to ensure our goals were met and made us happy customers.
As the project progressed Russ Bassett sent Phoenix Installations to remove and install the furniture. Kevin, Dawn and all of their staff were pleasant to work with and went above and beyond each day to ensure our needs were met. Their passion carried over into the quality of workmanship they provided for us. They were enjoyable and professional to have in our center.
Their combined knowledge and experience of your employees contributed significantly to creating an incredible 21 position center not only to support our citizens but most importantly our staff.
Thank you for your excellent communication and support during our project. We appreciate all your organizations attention to detail from design through install and especially Peter and Van for taking on a project mid -stream. We look forward to working with Russ Bassett in the future for our training room needs. Thank you!
Sincerely,
Lt. Brian Jacobs
1225 Courthouse Road Office: (540) 658-4450
Stafford, VA 22554 Fax: (540) 658-8570
Mailing Address: P.O. Box 189 www.co.stafford.va.us/sheriff Stafford, VA 22555-0189
SISTEn CITIES
CITY OF LA VERVE
POLICE DEPARTMENT
Ava Rabago
Russ Bassett Corporation
8189 Byron Road
Whittier, CA 90606
Dear Ave,
2061 Third Street, La Verne, California 91750
www.Ivpd,org
wanted to reach out and say a big THANK YOU to you and your team for the work on the remodel of our Communications Center. From the many conversations that you and I had, both at the California CLETS Users Group meetings and CaINENA, to the numerous emails back and forth, it was a huge pleasure to work with you_ Our center has a very small footprint to work with and you were able to take our setup and transform it into a more open and inclusive space. When we let you know that the estimates presented were outside of our price range, you worked with us to meet our budget while still allowing us to put together a high-quality center. Throughout the planning, scheduling and remodel process, I knew I could always call you with any questions or concerns that came up. Your institutional knowledge, not only of the product, but of the law enforcement industry proved invaluable. Once the installation was complete, your team did not disappear and leave us on our own. Any issues that have come up have been addressed in a timely manner, never leaving us feeling that once the invoice was paid, we were forgotten.
Any agency that may be considering Russ Bassett for their furniture needs can rest assured that not only will they be getting a quality product but also that it will be backed by a quality company.
Respectfully,
Rebe'a :ledermann
Communications Supervisor
Administrative Lieutenant
Police Department 9091596-1913 • Fax 9091596-7158 • City Hall 9091596-8726
LA CLEAR
" 1. Los Angeles Regional Criminal Information Clearinghouse Peter Fink, President
Russ Bassett Corporation
8189 Bryon Road
Whittier, California 90606
Dear Mr. Fink,
October 30, 2020
Beginning in late 2018, the Los Angeles Regional Criminal Information Clearinghouse (LA CLEAR) began to explore the possibilities of upgrading and redesigning our Watch Center. The LA CLEAR Watch Center is a 24/7 deconfliction unit within the Los Angeles High Intensity Drug Trafficking Area (LA HIDTA) servicing all local, state, and federal law enforcement agencies in Los Angeles, Orange, San Bernardino and Riverside Counties. Our crime analysts were using furniture that was more than 20 years old and, as the busiest Watch Center in the United States, it was time for an upgrade. I reached out to Russ Bassett along with other companies who manufacture 24/7 sit -stand work consoles to begin our selection process. During the process, your staff invited me and a team of Watch Center employees to visit your showroom for a presentation and a tour of your factory. From the beginning, your staff was kind and professional, the furniture showroom was impressive, and the factory was amazing to see in operation. Additionally, we had the opportunity to speak with and tour several law enforcement agencies in Southern California who were using your furniture; all of whom had nothing but great things to say about the consoles and your company. We selected Russ Bassett and our LA CLEAR analysts put together a design and created a wish list of accessories.
Finally, in early 2020 we began to remodel our Watch Center and we placed our order. Throughout multiple construction postponements and Covid-19, your company accommodated our change orders, our delayed installation dates and even stored our furniture for us. Once the installation began, I found your installation team to be very skilled and proficient, finishing the job ahead of schedule.
I cannot thank Ava and Van enough for their professionalism and excellent customer service. Also, it was a pleasure to meet with you and to give you a tour of our facility after our 19 consoles were installed.
Our analysts love their new workstations and you were right, the heaters are by far the most popular accessory that we added!
It is my pleasure to recommend Russ Bassett, its employees, and their products to anyone who is considering purchasing 24/7 sit -stand work consoles. We couldn't be any happier with the furniture.
Please feel free to contact me should you have any questions.
Bes
•ian Rose, xecutive : ctor
Special Agent in Charge
Los Angeles Regional Criminal Information Clearinghouse. 5801 E. Slauson Avenue, Commerce, California 90040
SOUTH SOUND 911
YOUR CONNECTION TO POLICE, FIRE AND MEDICAL AID
February 11, 2022
Peter Fink -Executive Vice President
Russ Bassett Corporation
8189 Bryon Road
Whittier, CA 90606
RE: Russ Bassett PSAP Floor Design and Consoles
Dear Mr. Fink,
On behalf of South Sound 911 Communications Center, I want to recognize Russ Bassett who has been of primary support for the development and build out of our Communication Floor and furniture for our new Public Safety Communications Center. This $59 million dollar critical infrastructure project houses and provides for emergency and public safety communications for both police and fire operations for Pierce County, Washington.
Matt Gawin and the entire Russ Bassett staff provided significant input and assistance in the overall design and development related to the Communication Center floor. In addition, their production and installation schedules were completed as established, providing us with exceptional furniture of the highest quality. This along with the completed on site work by their staff, made this Communications Center floor a showpiece of the new facility.
Russ Bassett has performed superbly on our project and has been a joy to work with. They brought knowledge, experience, integrity and a proven record of accomplishment to our project. Their assistance assured we achieved our goals related to the project from both a budget and functionality perspective. They contributed significantly to creating a state of the art PSAP that will support the citizens and public safety community for years to come.
It has been a pleasure to work with Matt and the Russ Bassett team, their participation has contributed to our projects amazing outcome. I cannot thank them enough for all their help and support during our project. I highly recommend them for any future design and development related to Communications Centers or Public Safety Buildings.
Sincere
ark Mears �
eputy Director of Operations
South Sound 911
PRODUCT PROTECTION
10 YEAR EVERYTHING WARRANTY
;:rus Bassett
There is ZERO fine print. This page
is our complete warranty statement.
10 YEAR EVERYTHING WARRANTY
Simple, Honest, Robust.
Russ Bassett warrants, to the original
Buyer, that all products will be free from
defects in material and workmanship
for 10 full years.
MISSION CRITICAL SERVICE AND SUPPORT
;: What's covered?
Everything.
;p What's included?
Parts, Shipping and Labor.
In mission critical, 24/7/365 environments, quickly resolving a product issue is of top priority for both the Buyer and Russ Bassett.
Prompt execution of this warranty requires cooperation. With guidance from Russ Bassett, Buyer agrees to perform basic troubleshooting tasks to determine the nature of the defect and to self -correct before on-site assistance can be provided.
For simple replacements, the part will be quickly shipped directly to Buyer. If the problem requires on-site assistance, Russ Bassett will come out during normal work hours to resolve the issue. If the defect is found to have resulted from circumstances outside of the warranty coverage, and/or Buyer imposes conditions or restrictions that increases the service cost, Buyer agrees to reimburse Russ Bassett for any resulting additional expense. Buyer also agrees to properly dispose of the old parts and packing material.
The few circumstances where this warranty against defects would not apply include normal wear and tear, damage, misuse, modifications, consumable items or product shipped outside the U.S.
Repairs, substitute products or replacements, of equal or higher value, used to resolve a warranty claim will in no way extend the applicable warranty period applied to the original product. Product repair or replacement is Buyer's exclusive remedy for all product defects covered under this non -transferable warranty. Russ Bassett makes no other express or implied warranties to any product except as stated above and makes no warranty of Russ Bassett product fitness except for use as standard console furniture.
Russ Bassett Corporation 1 8189 Byron Road Whittier, CA 90606 1 800.350.2445 1 russbassett.com 1 [email protected]
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D H -GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - Contract - Russ Bassett Corp. - Public Services - ID: 10850
MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston -Galveston Area Council hereinafter referred to as H -GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Russ Bassett Corp., hereinafter referred to as the Contractor, having its principal place of business at 8189 Byron Road, Whittier, CA 90606.
WITNESSETH:
WHEREAS, H -GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H -GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H -GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H -GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H -GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H -GAC upon submission and may be reprinted, published, or distributed in any manner by H -GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H -GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H -GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H -GAC is not responsible for the return of creative examples of work submitted. H -GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H -GAC, at any time during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H -GAC or the Contractor. No provision of this Master Agreement or act of H - GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H -GAC, the State of Texas, or the United States Government. Employees of the Contractor are
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 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.
Pursuant to the Federal Rule above, Respondent 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 or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H -GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H -GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H -GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC's goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting
NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Aug 01 2023 and ends Jun 30 2025. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H -GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H -GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/OUANTITY DISCOUNTS If discounts for accelerated payment, pre -payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor's submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REOUIREMENTS
If the Contractor fails to submit to H -GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H -GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H -GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor's ability to participate in future opportunities with H -GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H -GAC. The Contractor acknowledges that H -GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H -GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H -GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H -GAC local government audit staff, a certified public accountant firm, or other auditors designated by H -GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D agrees that the Contractor shall be liable to the H -GAC for any findings that result in monetary obligations to H - GAC.
ARTICLE 17: TAX EXEMPT STATUS
H -GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H -GAC under this Master Agreement. H - GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H -GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H -GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H -GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third -party Master Agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.
If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.
H -GAC reserves the right to reject any entity acting on the Contractor's behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H -GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H -GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H -GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H -GAC of the details. H -GAC may allow or reject the change at its sole discretion.
If the change is rejected, H -GAC will remove the item from its program and there will be no penalty to Contractor. However, H -GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H -GAC, at its sole discretion, to be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H -GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H -GAC will remove the item from its program and there will be no penalty to Contractor. However, H -GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H -GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H -GAC will respond with written approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor's Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H -GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor's cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H -GAC. Contractor must notify H -GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC's receipt of Contractor's notice. If Contractor routinely offers discounted contract pricing, H -GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H -GAC. The amount of any increase will not exceed actual documented increase in Contractor's Direct Cost and will not exceed 10% of the previous bid price.
Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.
Price Changes
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. `surcharge', `adjustment', `equalization charge', `compliance charge', `recovery charge', etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H -GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.
All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor's actual cost increase. The increase must be substantiated with support documentation acceptable to H -GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor's current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H -GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line -item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H -GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Brian Denzel, H -GAC, Public Services Manager at brian. denzel@h-gac. com.
Review/Approval of Requests
If H -GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H -GAC does not approve Contractor's price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H -GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor's only remedy if H -GAC does not approve the price increase. H -GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H -GAC. Delivery made without such Purchase Order will be at Contractor's risk and will leave H -GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H -GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H -GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer's preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H -GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H -GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer's Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer's standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.
H -GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
H -GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H -GAC determines that for any reason such termination is in the best interest of H -GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H -GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H -GAC.
B. Default
H -GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H -GAC in writing) after receiving written notice by certified mail of default from H -GAC.
(3) In the event of such termination, Contractor will notify H -GAC of any outstanding Purchase Orders and H -GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H -GAC and/or the End User.
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D ARTICLE 30: SEVERABILITY
H -GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H -GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H -GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H -GAC officer or an officer's close family member.
The required questionnaire and instructions are located on the H -GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIO.pdf . H -GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H -GAC office or an officer's close family member as defined in the law exists.
B. Certificate of Interested Parties Form — Form 1295: As required by Section 2252.908 of the Texas Government Code. H -GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H -GAC at the time the Contractor submits the contract H -GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website httm:// www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H -GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to "Rights to Inventions Made Under a Contract or Master Agreement," If the Federal award meets the definition of "funding Master Agreement" under 37 CFR § 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 Master Agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements," and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107),
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (1) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a- 7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) 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 (P.L. 94-163).
ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the -shelf items.
ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H -GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H -GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H -GAC to provide all required certifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H -GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H -GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H -GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H -GAC, if any, shall be reported to local law enforcement agencies and H -GAC within two (2) hours of discovery of any such act.
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D The Contractor further agrees to cooperate fully with H -GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H -GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor's ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H -GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H -GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor's negligent act or omission under this Master Agreement. Contractor shall notify H -GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H -GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H -GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H -GAC and the Contractor. This Master Agreement has been negotiated by H -GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H -GAC and the Respondent 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: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA -designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE 42: COPELAND "ANTI -KICKBACK" ACT
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug -Free Workplace Act, as applicable.
For the purposes of this Section, "drug-free" means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H -GAC may request a copy of this policy.
ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H -GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H -GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H -GAC Master Agreement template and is used for all products and services offered in H -GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.
Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration ( www.SAM.2ov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.
ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston -Galveston Area Council and the Contractor or Subrecipient 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: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA -designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.
SIGNATURES:
H -GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
Russ Bassett Corp. H -GAC
DocuSigned by: ,-DocuSigned by:
Signature biSfuliuld Gly Signature
'-98388468AF554AF... s.--82EC270D5D61423...
Name Linn Steinbeck Name Chuck Wemple
Title President Title Executive Director
Date 8/21/2023 Date 8/25/2023
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D H -GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - Contract - Russ Bassett Corp. - Public Services - ID: 10850
MASTER SPECIAL PROVISIONS
Please note, this is an H -GAC Master Agreement template and is used for all products and services offered in H -GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.
Incorporated by attachment, as part of the whole Master Agreement, H -GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER MASTER AGREEMENTS ("EUA")
H -GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H -GAC Master Agreement.
H-GAC's acknowledgement is not an endorsement or approval of the End User Master Agreement's terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor's Master Agreement with H -GAC. Contractor affirms that termination of its Master Agreement with H -GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration.
Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H -GAC order processing charges will be due and payable to H -GAC on any EUAs, surviving termination of this Master Agreement between H -GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H -GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H -GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H -GAC, Contractor shall notify H -GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor's most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H -GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H -GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H -GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D offer is not in fact most favored treatment. H -GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation and thereupon this Master Agreement between H -GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H -GAC and the CUSTOMER/END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H -GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H -GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H -GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H -GAC will invoice Contractor for the applicable order processing charge when H -GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H -GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H -GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER's payment, whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H -GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H -GAC Interlocal Master Agreement. H -GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H -GAC.
In no event shall H -GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H -GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIOUIDATED DAMAGES
Contractor and H -GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H -GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H -GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H -GAC, a separate insurance certificate must be submitted for each such party. g. H -GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE
H -GAC will apply an Order Processing Charge for each sale done through the H -GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H -GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.
ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H -GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H -GAC if this Master Agreement shall be affected in any way by such change. H -GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.
ARTICLE 12: REOUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.
Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub -assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.
ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H -GAC upon request.
ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H -GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.
ARTICLE 15: ADDITIONAL REPORTING REOUIREMENTS
Contractor agrees to submit written quarterly reports to H -GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor's employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.
ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EOUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. "Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the -shelf items.
ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
In the event Contractor or Contractor's supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H -GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H -GAC
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.
ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Hithwav and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R.
Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.
ARTICLE 23: TITLE VI REQUIREMENTS
H -GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
ARTICLE 24: EOUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D 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).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of 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) and will remain in compliance during the term of the Contract.
ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis -Bacon Act, 40 U.S.C. 276a — 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.
ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders 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 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.
ARTICLE 29: BYRD ANTI -LOBBYING AMENDMENT
Byrd Anti -Lobbying Amendment (31U.S.C. 1352) — Contractors that apply or bid for an award exceeding $100,000 must file the required anti -lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also 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 CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
DocuSign Envelope ID: E01B611D-09C1-4ADO-B2F1-0D1B0926688D with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.
ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance 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. 94-163, 89 Stat. 871).
DocuSign Envelope ID: E01 B611 D-09C1-4ADO-B2F1-0D1 B0926688D 9-1-1 Equipment & Emergency Notification Software and Services Scope of Work
2. Scope of Work/Specifications
This is an indefinite quantity/indefinite delivery offerings contract — The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation.
2.1. Overview
H -GAC is soliciting responses for selecting qualified manufacturers, distributors, installers and service providers of 911 Equipment & Emergency Notification Software and Services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training and maintenance agreements. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. H -GAC will seek to minimize duplication of awarded technologies and brands, but our goal is to contract for a variety of technologies and solutions, affording our members a broad choice in their 911 / Public Safety Answering Points (PSAP) needs.
2.2. Categories
This Solicitation is divided into four (4) separate but related categories (A -D). Respondent is advised to offer a wide array, or catalog, of products within each category listed below. When submitting a response, Respondent may choose to give a response on any, or all, of the categories. No additional weighted value will be given to a respondent who responds to more than one or all categories listed.
1. Equipment: Fixed/portable PSAP workstation/terminal equipment; emergency notification equipment; related hard-wired/wireless telephone equipment; servers, mobile data terminal equipment; controllers, routers, installation of fiber optic cable, etc.
2. Software: 911 records management, emergency notification software; Computer -Assisted Dispatch/Mapping (CAD/CAM), in-vehicle/hand-held mapping systems, ePCR (electronic patient care reporting), language interpretation, Automatic Number/Location ID (ANI/ALI), etc. (note: ongoing monitoring fees should be priced as annual or multi -annual fees to accommodate HGAC's one-time fee accrual process).
3. Furniture: Consoles, chairs, etc.
4. Other: 911 related equipment, systems and services not otherwise specified.
Attachment A
Russ Bassett Corp.
911 Equipment & Emergency Notification Software and Services Contract No. EC07-23
H -GAC Product Code Item Description
C - Furniture Consoles, chairs, etc. Effective 06/14/2023 Discount (%)
42.5%
Placentia Cit Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: DECEMBER 5, 2023
AGENDA REPORT
SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. TO COMPLETE THE 6T" CYCLE UPDATE
TO THE HOUSING ELEMENT OF THE GENERAL PLAN
FISCAL
IMPACT: EXPENSE: $34,900
STAFF RECOMMENDED CONTINGENCY: $5,000
TOTAL COST: $39,900
BUDGET: $39,900 FROM FY 2023-24 BUDGET (749102-6017)
SUMMARY:
In April 2023, the City approved a Professional Services Agreement (PSA) with Kimley-Horn & Associates, Inc. ("Kimley-Horn") to complete the State mandated 6th Cycle update to the Housing Element. The requested action would approve an amended Professional Services Agreement (Amendment No. 1) with Kimley-Horn in the amount of $39,900.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 1 to the Professional Services Agreement with Kimley-Horn & Associates, Inc. to provide professional services related to completing the State mandated 6th Cycle update to the Housing Element for a term ending June 30, 2024; and
2. Authorize the City Administrator and/or his designee to approve contract change orders up to $5,000; and
3. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.
1.h.
Dec. 05, 2023
City Council Agenda
December 5, 2023
STRATEGIC PLAN STATEMENT:
This Council action is generally related to Goal 3 to promote Community and Economic Development. This action is consistent with and furthers Objective 3.10: Implementation of Housing Element Strategies in that expansion of the City's TOD District is one of the specific objectives of the adopted "Sixth Cycle" 2021-2029 Housing Element.
BACKGROUND:
On April 20, 2021, the City Council approved a PSA with JHD Planning, LLC to prepare the "Sixth Cycle" 2021-2029 Housing Element. The previous consultant prepared the draft Housing Element which was eventually adopted by City Council on March 15, 2022. The adopted Housing Element was reviewed by the California Department of Housing and Community Development (HCD) prior to Council adoption and subsequent to Council adoption. The City received comments from HCD after both reviews. JHD Planning continued to work on City's Housing Element but declined a PSA extension after their PSA expired in late 2022.
In April 2023, the City approved a Professional Services Agreement (PSA) with Kimley-Horn to complete the State mandated 6th Cycle update to the Housing Element. The initial contract amount was not to exceed $39,990 as it was approved under the authority of the City Administrator. The requested action would approve an amended Professional Services Agreement (Amendment No. 1) with Kimley-Horn in the amount of $34,900 + a $5,000 contingency for a total amount of $39,900.
DISCUSSION:
Since approval of Kimley-Horn's original PSA in April 2023, the consultant has diligently and quickly worked with City Staff to achieve a State certified Housing Element. Kimley-Horn has resubmitted amended Housing Element drafts to the State three times since April 2023 and based on Staff communications with HCD, State certification is expected in the next few months. In fact, certification of the Housing Element must occur prior to February 28, 2024 to comply with State mandates and to ensure the City continues to receive funding for the Navigation Center. City Staff is working diligently with the consultant to ensure this imperative deadline is met.
As required by State law, the related TOD Zone expansion and corresponding General Plan Amendment will also be completed by February 28, 2024. This is required because it is the final re -zoning action contemplated by the Housing Element as adopted by City Council in March 2022.
Staff is diligently working with other consultants to meet the deadline for the TOD Zone expansion as well.
FISCAL IMPACT:
The proposed contract not -to -exceed amount for the Professional Services Agreement with Kimley-Horn totals $39,900 (including contingency) to finish the 6th Cycle Housing Element.
Adequate funds are available in the FY 2023-24 Operating Budget (Account Number 749102- 6017).
City Council Agenda
December 5, 2023
Prepared by: Reviewed and approved:
Joseph : Lambert Jennifer Lampman
Director of Development Services Director of Finance
Reviewed and approved:
Damien rrula
City Administrator
Attachment:
Amendment No. 1 to Professional Services Agreement with Kimley-Horn & Associates, Inc.
a. Attachment 1A: Consultant's Proposal, Fee Schedule, and Scope of Work regarding Amendment No. 1
b. Attachment 1B: Original Professional Services Agreement effective April 1, 2023 and attachments thereto including Certificates of Insurance
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN & ASSOCIATES, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into the 5th day of December 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Kimley-Horn & ASSOCIATES, INC., a North Carolina corporation ("Consultant"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. RECITALS:
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective April 11, 2023 through which CONSULTANT has been providing consulting services related to 6th Cycle Housing Element preparation services. (ii). The Parties now seek to amend the Agreement (Amendment No. 1) to authorize an increase in the total compensation per fiscal year and to authorize the CONSULTANT to perform Additional Services related to achieving a State -certified Housing Element. (iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Pursuant to Section 4, Paragraph 4.1 of the Agreement, the term of the Agreement is hereby amended to continue for a term ending June 30, 2024. The City Administrator (or authorized designee) is authorized to approve a six-month extension pursuant to the terms of this Amendment No. 1 to the Professional Services Agreement.
2. Section 2, Paragraph 2.1 of the Agreement is hereby amended to say: Consultant shall be paid in accordance with the scope of work set forth in Attachment "A" of this Amendment No. 1 effective December 5, 2023. Consultant's total compensation related to the scope of work set forth in Attachment "A" of this Amendment No. 1 effective December 5, 2023 shall not exceed Thirty -Nine Thousand nine hundred Dollars ($39,900.00).
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, together with Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. The original Agreement is attached hereto as Attachment "B".
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Ward Smith,
Mayor
Name, Title ATTEST:
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen
City Attorney
714-705-1317
Kimley>»Horn
Attachment 1.A. to Staff Report Dated 12/05/23
Attachment A. to Amendment No.1 of PSA
This is Exhibit A to Amendment Number 1,
Dated November 17, 2023
Amendment 1 modifies the existing Agreement to cover services to be performed by Kimley-Horn as summarized below and in accordance with the terms of the original Agreement.
The change in fee described in the current executed Agreement shall be amended as follows:
Additional Work Effort
Task 1. Draft Housing Element Sub -Tasks
Check -In Calls with City and Project Management
$4,500
HCD Coordination
HCD Resubmittal Draft
Response to Informal HCD Comments
Formatting and Electronic Sites Inventory
Final HCD HE Draft
$3,500
$7,500
$5,000
$3,400
$5,000
Recommended Contingency
$6,000
Total Amendment Request $34,900
The Scope of Services for the existing executed Agreement shall be amended to include the following tasks:
Task 1. Draft Housing Element
Kimley-Horn worked with City staff to prepare a revised Draft Housing Element between April 2023 and October 2023 and will require further revisions and collaboration in order to submit a final Draft to the State Department of Housing and Community Development ("HCD"). In its recent letter to the City, HCD has requested additional revisions of the City's draft Housing Element. The level of effort required was not assumed in the Original Scope of Work. A revised document is required to address HCD comments.
Contract Amendment Deliverables:
• Up to twenty (20) hours of meetings (attended virtually) with City staff and HCD. • One revised Housing Element submittal to HCD.
• One revised Housing Element resubmittal to HCD (Based on HCD informal review). • One final Housing Element Draft.
• Revised Electronic Sites Inventory
kimley-horn.com
1100 W Town and Country Road, Suite 700, Orange, CA 92868
Attachment 1.B. to Staff Report Dated 12/05/23
Attchment B. to Amendment No. 1 of PSA
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
KIMLEY-HORN
THIS AGREEMENT is made and entered into this 11th day of April, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Kimley- Horn & ASSOCIATES, INC., a North Carolina corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide draft housing element preparation services as more fully described herein; and
B. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
C. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standard of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and will exercise the professional standard of care to comply with all other published Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization 2 by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Thirty -Nine Thousand nine hundred ninety Dollars ($39,990.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
3 4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on April 30, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
The Consultant shall have the right to terminate this Agreement upon seven days' notice to the City upon breach by City of any of its obligations under this Agreement. In the event of such termination, the Consultant shall be paid for all services performed up to the effective date of the termination and all damages, if any, resulting from the Client's breach of this Agreement.
4.3. Compensation. In the event of termination for Consultants default, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with 4 the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits. For all other terminations, Consultant shall be paid for all reasonable costs incurred and all professional servies performed up to and including the date of termination.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a)
Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
6 (c)
Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endoresements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project 7 Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Kimley-Horn and Associates, Inc.
1100 W Town & Country Road,
Suite 700
Orange, CA 92868
Tel: 714-939-1030
Attn: Dave Barquist
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8117
Attn: Joe Lambert
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assianment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings to the extent arising out of, pertaining to, or relating to 8 the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole or active negligence or willful misconduct of the City.
This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 9 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall become, upon payment for such, and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City 10 while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
11 6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
/X! 4,44./i(/iii1,
City /administrator
ATTEST:
/4441 fr'14c7--43/
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
Date: 06 261-3
,,aSDln, (d4 r No. 6521$% 5/30/2023
Date:
Signature
Jason Melchor (PE No. 65218) , Kimley-Horn - Associate
Name and Title
56-0885615
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
12 Date:
(//22J2,3
7 Risk Management
0 APPROVED AS TO CONTENT:
//
i.
Project Manager
DEPARTMENTAL APPROVAL
Date:
Date:
Date:
Name, Title 041
'`")(21;("141-
1 -
13 5113//-0,3
EXHIBIT A
CONSULTANT'S PROPOSAL
14 EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 714 939 1030
Kimley>»Horn
March 1, 2023
Mr. Joseph Lambert
Director of Development Services
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Dear Mr. Lambert:
Subject: Request for Proposal to Assist in Certification of Placentia's 2021-2029 6th Cycle Housing :p.?nt
Kimley-Horn understands that the City of Placentia has developed a Draft Housing Element and received comments from the State Department of Housing and Community Development. The December 20, 2021 Review letter indicated a number of required amendments to the Draft to be in compliance with state law. Key considerations generally include:
• Review of Revisions of past performance for special needs groups • Substantial amendments to Affirmative Further Fair Housing (AFFH) requirements including requisite analysis and policy program amendments
• Various data needs/analysis additions to baseline data required by state law • Substantial amendments to sites analysis and justification of sites, including AFFH analysis • Various policy amendments to programs
Kimley_ Horn understands they effort for supplement prior work by other consultants and may require substantial amendments to comply with statutory provisions. Based on Kimley Horn's review of the effort, we assume an initial budget of $39,000, billed on a time and materials basis based on Kimley Horn's 2023 Hourly Rate Schedule and will allow for the addressing of comments associated with HCD's December 20, 2021 Review Letter. This may require additional HCD review cycles to satisfy HCD requirements. Should additional effort be required to reach compliance status, an additional budget request will be submitted the City for approval.
Kimley Horn assumes the following:
• Kimley Horn will be proved all documents in native format, including GIS Data, Word files, and other relevant draft materials and data sets
• Work effort excludes public outreach associated with the update • City staff will be available to provide data/information related HCD data requests kimley-horn.com
1100 Town and Country Rd Suite 700. Orange, CA 92868
Kimley>>»Horr1
We look forward to continuing to work collaboratively with the City of Placentia on the project.
Respectfully Submitted,
David Barquist, AICP
Project Manager
The City of Placenta, by signature below, authorizes Kimley Horn to proceed or the above referenced scope and fee.
Signature
41 re e
Name/Title: rt Eta stti4-
n
S /L --t
Signature David Barquist, AICP
Date: ! 3 /e-eYZ.--3
Date:
kimley-horn.com
1100 Town and Country Rd Suite 700, Orange. CA 92868
714 939 1030
Client#: 238109 KIMLASS
ACORDr,, CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/D0/YYYY)
4/19/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Edgewood Partners Ins. Center
3780 Mansell Rd. Suite 370
Alpharetta, GA 30022
INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
CONTACT Jerry Noyola
PHO
(((ACC No, Extl: 770-220-7699 AIC, No):
FAX
E-M,dRL re lin Certs re lin Com
ADDRESS: g Y 9 @g Y g•
INSURER(S) AFFORDING COVERAGE
INSURER A: National Union Fire Ins Co of Pittsburg
INSURER B : Allied World Assurance Co (U.S.) Inc.
INSURER c New Hampshire Insurance Company
INSURER D : Lloyd's of London
INSURER E
INSURER F
NAIC #
19445
19489
23841
085202
COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADDL SUBR POLICY EFF POLICY EXP
INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD(YYYY)
LTR TYPE OF INSURANCE
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE L X OCCUR
X Contractual Liab
GEN'L AGGREGATE LIMIT APPLIES PER:
-
POLICY XI JPECROT LOC
OTHER:
A AUTOMOBILE LIABILITY
A X ANY AUTO
— OWNED
_ AUTOS ONLY
XAU❑ AUTOS
HIRTOEDS ONLY SCHEDULED
I I NON -OWNED
AUTOS ONLY
B
C
C
D
X UMBRELLA LIAR
X EXCESS LIAR
X
X J OCCUR
11 CLAIMS -MADE
DED XI RETENTION $10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
II yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liab
YIN
N
NIA
GL5268169
CA4489663 (AOS)
CA2970071 (MA)
LIMITS
04/01/2023 04/01/2024 EACH OCCURRENCEUs2,000,000
I PREMISEES (Ea occu ncel 51,000,000
MED EXP (Any one person) 5 25,000
PERSONAL & ADV INJURY 52,000,000
I GENERAL AGGREGATE s4,000,000
PRODUCTS - COMP/OP AGG 54,000,000
5 04/01/2023 04/01/2024 EsacccdeDtSINGLELIMIT 52,000,000 04/01/2023 04/01/2024 BODILY INJURY (Per person) S
BODILY INJURY (Per accident) 5
PROPERTY DAMAGE
(Per accident)
03127930 04/01/2023
WC015893685 (AOS) 04/01/2023
WC015893686 (CA) 04/01/2023
B0146LDUSA2304949
04/01/2024 EACH OCCURRENCE
AGGREGATE
04/01/2024 X I STATUTE I EOTH
04/01/20241 E.L. EACH ACCIDENT S1,000,000
I E.L. DISEASE - EA EMPLOYEE S1,000,000
E.L. DISEASE - POLICY LIMIT 51,000,000
Per Claim $2,000,000
Aggregate $2,000,000
s5,000,000
s5,000,000
04/01/2023 04/01/202
DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may bo attached If more space is required) Re: Cycle Housing Element; Dave Barquist. The City of Placentia is named as an Additional Insured with respects to General Liability where required by written contract.
CERTIFICATE HOLDER
City of Placentia
Development Services
401 E. Chapman Avenue
Placentia, CA 92870
ACORD 25 (2016/03) 1 of 1
#S5498373/M5396840
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
JNO02
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank.
Kimley-Horn and Associates, Inc.
2 Business name/disregarded entity name, If different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
❑ Individual/sole proprietor or
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLG that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
C Corporation ❑ S Corporation ❑ Partnership
❑ Trust/estate
❑ Other (see instructions) ►
5 Address (number, street, and apt. or suite no.) See instructions. 421 Fayetteville Street, Suite 600
6 City, state, and ZIP code
Raleigh, NC 27601
7 List account number(s) here (optional)
Give Form to the
requester. Do not
send to the IRS.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any) 5
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
Requester's name and address (optional)
ill Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, It Is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Part 11
Certification
Social security number
or
Employer identification number
56 0
88 5
6 1
5 Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9 .
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid)
Cat. No. 10231X
Date January 1, 2023
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
It you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Form W-9 (Rev. 10-2018)
Certificate Of Completion
Envelope Id: 37F29B5AE56B4A88AEEDA01325917D2B
Subject: Complete with DocuSign: Kimley-Horn PSA with Exhibits.pdf Source Envelope:
Document Pages: 19 Signatures: 1
Certificate Pages: 4 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Disabled
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
5/10/2023 12:23:30 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Jason Melchor (PE No. 65218)
[email protected]
, Kimley-Horn - Associate
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/10/2023 6:06:38 PM
ID: c04206(8-ed69-4d63-8754-84bca6743188
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: Jessica Godoy
[email protected]
Pool: StateLocal
Pool: Carahsoft 080 City of Placentia
Signature 1� � /0
,)asotA, r�Lt.tu.Or ( t ivb, 6210
Signature Adoption: Pre -selected Style
Using IP Address. 134.238.199.93
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
DocuSign
Status: Completed
Envelope Originator:
Jessica Godoy
401 E. Chapman Avenue
Placentia, CA 92870
[email protected]
IP Address: 12.163.132.66
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 5/10/2023 12:32:29 PM
Viewed: 5/10/2023 6:06:38 PM
Signed: 5/30/2023 10:18:32 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamps
5/10/2023 12:32:29 PM
5/10/2023 6:06:38 PM
5/30/2023 10:18:32 AM
5/30/2023 10:18:32 AM
Timestamps
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Carahsoft OBO City of Placentia:
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A`400/2 0® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D 23) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provislons or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
NAME: Jerry Noyola
PHONEI FAX
t1. 7702207699
A C. No): 7702207699
PRODUCER
Edgewood Partners Ins. Center/Greyling
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
KIMLASS
tare. no. t
E-MAIL
ADDRESS:
greylingcertsaqreylinq.com
INSURER(S) AFFORDING COVERAGE
INSURER A: National Union Fire Ins Co of Pittsburg
INSURER B : Allied World Assurance Co (U.S.) Inc.
INSURER c : New Hampshire Insurance Company
INSURER D : Lloyd's of London
INSURER E :
INSURER F :
NAIC 5
19445
19489
23841
COVERAGES CERTIFICATE NUMBER: 113360041 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE
X Contractual Liab
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PO-
JEC X LOC
OTHER:
A AUTOMOBILE LIABILITY
A —
X ANY AUTO
— OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B X UMBRELLA LIAB X OCCUR
X EXCESS LIAB CLAIMS -MADE
DED X RETENTION $ +n nnn
C WORKERS COMPENSATION
C AND EMPLOYERS' LIABILITY
ANYP RO P RI ETO R/PARTN E R/EX ECU TIVE
OFFICER/MEMBEREXCLUDED7
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
D Professional Llab
YIN
N
ADDL SUBR
IN V) WVP
N/A
POLICY NUMBER
GL5268169
POLICY EFF POLICY EXP
(MM/DDIYYYY) (MM/DDIYYYYI
4/1/2023 4/1/2024
CA4489663 4/1/2023 4/1/2024
CA2970071 4/1/2023 4/1/2024
03127930
WC015893685 AOS)
WC015893686 (CA)
B0146LDUSA2304949
4/1/2023 4/1/2024
4/1/2023 4/1/2024
4/1/2023 4/1/2024
4/1/2023 4/1/2024
LIMITS
$ 2,000,000
$1,000,000
$ 25,000
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
PRODUCTS - COMP/OP AGG $ 4,000,000
COMBINED SINGLE LIMIT 5 2,000,000
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident/ $
$
EACH OCCURRENCE $ 5,000,000
AGGREGATE 5 5,000,000
X STATUTE I ERH
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE • EA EMPLOYEE $ 1,000,000
E.L. DISEASE • POLICY LIMIT $ 1,000,000
Per Claim $2,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: KHA Project #194563001 - PLACENTIA HOUSING ELEMENT; Bryant DeLaTorre. The City of Placentia is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law.
CERTIFICATE HOLDER
City of Placentia
Director of Development Services
401 E. Chapman Avenue
Placentia CA 92870
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Client#: 238109 KIMLASS
ACORD., CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
6/12/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s),
PRODUCER
Edgewood Partners Ins. Center
3780 Mansell Rd. Suite 370
Alpharetta, GA 30022
INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
NAME: Jerry Noyola
A1C No, Exn: 770-220-7699
FAX
No):
-MAIL re hn certs re lin
ADDRESS: 9 Y 9 @9 Y 9•com
INSURER(S) AFFORDING COVERAGE
INSURER A : National Union Fire Ins Co of Pittsburg
INSURER B : Allied World Assurance Co (U.S.) Inc.
INSURER C: New Hampshire Insurance Company
INSURER D : Lloyd's of London
INSURER E :
I INSURER F:
COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 3Y PAID CLAIMS.
ADDL SUBR POLICY EFF POLICY EXP LIMITS
INSR WVD POLICY NUMBER (MM/DDIYYYY) IMM/DD/YYYYI
NAIC p
19445
19489
23841
085202
INSR
LTR TYPE OF INSURANCE
A X COMMERCIAL GENERAL LIABILFTY
CLAIMS -MADE
X
X Contractual Liab
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
OTHER:
A AUTOMOBILE LIABILITY
A X ANY AUTO
OWNED
AUTOS ONLY
HIRED
A AUTOS ONLY
X
PRO-
JECT I X LOC
B
C
C
D
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
x UMBRELLA LIAB x OCCUR
X EXCESS LIAB CLAIMS -MADE
DED XI RETENTION 510,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE / N
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liab
N
N/A
GL5268169
04/01/2023 04/01/20241 EACH OCCURRENCE 52,000,000
CA4489663 (AOS) 04/01/2023
CA2970071 (MA) 04/01/2023
03127930
WC015893685 (AOS)
WC015893686 (CA)
B0146LDUSA2304949
I PREMISES (Ea ooccurrrencei S 1,000,000
I MED EXP (Any one person) $ 25,000
1 PERSONAL & ADV INJURY 52,000,000
I GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OPAGG 54,000,000
04/01/202 Ee aBccl dentSINGLE LIMIT 52,000,000
04/01/20241 BODILY INJURY (Per person) 5
I BODILY INJURY (Per accident) $
IPROPERTY DAMAGE
(Per accidentl
04/01/2023 04/01/20241 EACH OCCURRENCE
AGGREGATE
04/01/2023 04/01/202 X PER UTE I°RH
04/01/2023 04/01/202 E.L. EACH ACCIDENT
04/01/2023 04/01/2024
$
$5.000.000
$5,000,000
$
$1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
Per Claim $2,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Cycle Housing Element; Dave Barquist.
The City of Placentia is named as an Additional Insured with respects to General Liability where required by written contract.
CERTIFICATE HOLDER
City of Placentia
Development Services
401 E. Chapman Avenue
Placentia, CA 92870
ACORD 25 (2016/03) 1 of 1
#S5650282/M5396840
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
VKIO2
POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
This
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
Location(s) Of Covered Operations
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section I1 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 10 12 19
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. Insurance Services Office, Inc., 2018 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Name Of Additional Insured Person(s)
Or Organization(s)
ANY PERSON OR ORGANIZATION
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
SCHEDULE
Location And Description Of Completed Operations
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 37 12 19
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is Tess.
This endorsement shall not increase the
applicable limits of insurance.
0 Insurance Services Office, Inc., 2018 Page 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/01/2023
forms a part of Policy No. 448-96-63
issuedto KIMLEY-HORN AND ASSOCIATES, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
ADDITIONAL INSURED:
ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE
ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO.
I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.
AUTHORIZED REPRESENTATIVE
87950 (9/1 4) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1
POLICY NUMBER:
526-81-69 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 0 Insurance Services Office, Inc., 2018
El
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: 526-81 -69
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
ANY PERSON OR ORGANIZATION WHOM YOU
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.
Location And Description Of Completed Operations
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 37 12 19
B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
0 Insurance Services Office, Inc., 2018 Page 1 of 1
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 04/01/2023
Issued to KIMLEY -HORN AND ASSOCIATES, INC.
By New Hampshire Insurance Company
forms a part of Policy No. WC 015-89-3686
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy.
WC 04 03 61
(Ed. 11/90)
Countersigned by
Authorized Representative
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DECEMBER 5, 2023
SUBJECT: CHANGE ORDER NO.1 TO CONSTRUCTION CONTRACT WITH SQUARE SIGN,
LLC, FOR THE WAYFINDING DIRECTIONAL SIGNAGE PROJECT PHASE I, CITY PROJECT NO. 1403
FISCAL
IMPACT: EXPENSE: $ 16,000.00 CONTRACT CHANGE ORDER NO. 1 BUDGET: $ 200,000.00 FY 2023-24 CIP BUDGET (109800-6740, JL 24103-6740) SUMMARY:
On September 19, 2023, the City Council awarded a contract with Square Sign LLC to provide construction services for a not -to -exceed amount of $86,146.49 on the Citywide Wayfinding Directional Signage Project. Since the sign installation requires welding brackets on the rear of the signs as opposed to visible bolts, the originally proposed printing technique to print the designed pattern on the back of each sign is not feasible as the heat from the welder will damage the print. The alternate approach is to paint the desired pattern on each sign after the bracket is welded. In addition, the proposed painting application will include material that makes the sign more resistant to fading by the sun. This extends the service life of the sign an additional 5-10 years. The painting technique would require additional labor work to fabricate a total of forty-four (44) directional signs. Staff is presenting this proposed amendment for City Council consideration to increase the construction contract amount to allow the proposed painting application.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Approve Contract Change Order No.1 to the Public Works Agreement with Square Sign, LLC for citywide wayfinding direction sign project phase 1A in an amount not -to -exceed $16,000; and
2. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
1.I.
Dec. 05, 2023
City Council Agenda
December 5, 2023
STRATEGIC PLAN STATEMENT:
This item conforms to Strategic Planning Goal and Objective 6.2, Install Citywide Wayfinding Signage.
DISCUSSION:
Wayfinding signage at key locations throughout a community helps to create unique community branding when announcing a motorist's or pedestrian's arrival at key destinations. Effective community wayfinding signage is a key component to economic development efforts and placemaking and conveys a higher degree of a community's sophistication and investment in its local infrastructure. The wayfinding signs will need to be designed such that the required information is presented in an attractive, creative, and master planned format that does not distract drivers from other roadway signage, while reflecting the City's unique character and features.
On September 19, 2023, the City Council awarded a contract with Square Sign LLC to fabricate and install citywide wayfinding directional signage project as part of Phase 1A of the Master Plan.
The Phase 1A project will fabricate and install general wayfinding signs for points of interest found throughout the entire community and install these signs along all major corridors. The approved installation requires welded mounting brackets on the backside of each sign. As a result, the traditional technique of printing a designed pattern prior to welding the bracket is not feasible due to the welding process damaging the print details. Alternatively, the contractor proposes to weld the bracket first and paint the desired pattern on the front and back of each sign post -welding.
This painting application will include material that makes the sign more resistant to the fading by the sun and extends the service life of the sign an additional 5-10 years. This proposed painting application would require additional labor work to fabricate a total of forty-four (44) directional signs. Staff recommends amending Public Works Agreement with Square Sign to allow the application of painting technique during the fabrication of wayfinding directional signs.
FISCAL IMPACT:
The recommended actions will approve contract change order No.1 for the amount of $16,000 to the Public Works Agreement with Square Sign LLC, increasing the contract not -to -exceed amount to $102,000. A total of $200,000 is available in the FY 2023-24 Capital Improvement Program for this project. As such, sufficient funds exist for the recommended actions.
Prepared by:
Ky�a T o, P.E., PTP
Transportation Manager
Reviewed and approved:
Jennifer Lampman
Director of Finance
City Council Agenda
December 5, 2023
Page3of3
Reviewed and approved:
(-----
Luis
—Luis Estevez
Deputy City Administrator
Reviewed and approved:
c
Damien R. Arrula—T
City Administrator
Attachments:
1. Contract Change Order No.1 to Public Works Agreement with Square Sign, LLC
2. Public Works Agreement with Square Sign, LLC.
AMENDMENT NO. 1 TO
PUBLIC WORKS AGREEMENT
FOR WAYFINDING DIRECTIONAL SIGNAGE PROJECT PHASE I
WITH SQUARE SIGNS LLC dba FRONT SIGNS
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 5TH day of December, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Square Signs LLC, dba Front Signs, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective 19`h day of September, 2023 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the not -to -exceed contract amount from $86,146.31 to a total not -to -exceed amount of $102,000.00 for wayfinding directional signage project phase I project.
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 3.0, Paragraph 3.1 of the Agreement is hereby amended to read as follows:
3.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One Hundred Two Thousand Dollars ($102,000.00).
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.