Lenovo (United States) Inc. 45
transformation of the workplace, ThinkShield keeps customers protected from the evolving threat landscape with advanced, next-gen security capabilities so that your risks and response times are reduced.
Our holistic approach to security starts with our platform security. Built-in ThinkShield security solutions come standard on Lenovo’s industry-leading Think-branded devices. These include such features as our self-healing bios or the Trusted Supplier program, a rigorous vetting process to ensure every supplier meets the highest standards of trust.
Access to Testing and Demo Equipment
Upon request, Lenovo will provide demo equipment for testing purposes that meet the needs of the organization. Also, Lenovo offers customers the opportunity to buy the demo equipment or return it to Lenovo when testing is complete.
Lenovo (United States) Inc. 46
Tab 9 – Required Documents
Federal Funds Certifications
The following clauses are deemed by Lenovo to not be applicable:
• (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. • Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
• (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 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.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of
Lenovo (United States) Inc. 47
the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. • (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding 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 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 Agreements,” and any implementing regulations issued by the awarding agency. • Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above Lenovo takes exception to the following certification as Lenovo does not provide a blanket compliance statement as it relates to this provision. Requests to expressly state compliance with this provision shall be considered on a case-by-case basis.
• CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.
Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
Clean Air and Water Act & Debarment Notice
To the best of our knowledge and belief, Lenovo concurs.
Contractors Requirements
Lenovo concurs.
Required Clauses for Federal Assistance by FTA
The entire “Require Clauses for Federal Assistance Provided by FTA” section is deemed by Lenovo to not be applicable.
Federal Required Signatures
Please refer to page 48 for Lenovo’s completed Federal Required Signatures form.
Antitrust Certification Statements Texas Government Code § 2155.005 Please refer to page 49 for Lenovo’s completed Antitrust Certification Statements Texas Government Code form.
State Notice Addendum
Lenovo concurs.
Lenovo (United States) Inc. 48
Federal Required Signatures
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above.* It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.
*Note: Lenovo certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above with the exceptions noted regarding clauses that do not apply to Lenovo and the Lenovo statement pertaining to the Buy America Provisions.
Lenovo (United States) Inc._____
Offeror
8001 Development Drive _______
Address
Morrisville, NC 27560__________
City State Zip
___________________________
Authorized Signature
November 17, 2022____________
Date
Lenovo (United States) Inc. 49
Antitrust Certification Statements Texas Government
Code § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Lenovo (United States) Inc._____
Company Name
8001 Development Drive _______
Address
Morrisville, NC 27560__________
City State Zip
855-253-6686________________
Telephone Number
n/a_________________________
Fax Number
[email protected] _________
Email Address
Darren Estridge _______________
Printed Name
Executive Director_____________
Title
____________________________
Authorized Signature
Lenovo (United States) Inc. 50
Appendix A: Lenovo Customer Agreement
This appendix includes a copy of the Lenovo Customer Agreement as referenced in our responses within Tab 1 and Tab 2.
COE-00003-01 Lenovo Customer Agreement
04.2022 Lenovo Confidential
Signature Page - Page 1 of 1
Lenovo Customer Agreement
“Personal Computer”
Parties
This Lenovo Customer Agreement (this “Agreement”) is made by and between:
1. National Cooperative Purchasing Alliance (“Customer”) with an office at PO Box 701273, Houston, TX 77270, and
2. Lenovo (United States) Inc. (“Lenovo”) with an office at 8001 Development Dr., Morrisville, NC 27560.
Customer and Lenovo may be referred to collectively as the “Parties” and each individually as a “Party”.
Agreement Structure
The following documents are incorporated into and form part of this Agreement:
Attachment A: General Terms
Attachment B: Pricing, Products, Services Descriptions and Contact Details Attachment C: Warranty Service Information (“Personal Computer”) This Agreement applies to all Products and Services ordered by Customer in accordance with its terms and conditions.
Each Party accepts the terms of this Agreement by signing either by hand or, where permitted by law, electronically.
Any reproduction of this Agreement, an Attachment or a Transaction Document made by reliable means, such as PDF using email, shall be considered an original. The Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. After signing, please return a copy of this Agreement to the Lenovo address shown above.
Accepted and agreed for and on behalf of: Accepted and agreed for and on behalf of:
National Cooperative Purchasing Alliance Lenovo (United States), Inc. by:
Authorized signature
by:
Authorized signature
Signatory Name:
(type or print)
Signatory Name:
(type or print)
Signatory Title: Signatory Title:
Signature Date: Signature Date:
Lenovo Customer Agreement
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Attachment A - Page 1 of 11
ATTACHMENT A
General Terms
1 Definitions
In this Agreement, in addition to the various terms defined elsewhere in this Agreement, the following terms shall be interpreted as follows:
1.1 “Affiliate” means, with respect to any party, any entity that, during the Term, directly or indirectly controls, is controlled by, or is under common control with such party. For purposes of this definition, “controls” “controlled by,” and “under common control with” mean (i) the ownership, direct or indirect, of (a) more than fifty percent (>50%) of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or (b) more than fifty percent (>50%) or such other controlling interest (as determined by applicable law) in the equity interests of any other type of legal entity (whether in the form of stock or otherwise), or (ii) status as a general partner in any partnership, or any other arrangement whereby a party controls or has the right to control the board of directors or equivalent governing body of a corporation or other entity.
1.2 “Enterprise” means a Party, and any entity that is controlled by, controls, or is under common control or ownership with such Party, including its sister companies, parent, Affiliates or subsidiaries.
1.3 “Hardware Product” means a physical programmable electronic Lenovo-branded or Third Party-branded device designed to process data and perform logic operations, as well as any related device and may include, without limitation, a personal computer, a server, a storage device, and any related accessory and device.
1.4 “Lenovo Partners” means Lenovo and its Affiliates, and their subcontractors, assignees, relevant service providers, distributors and resellers.
1.5 “Machine” means a Lenovo-branded Hardware Product (to be identified by a “Machine Type”), as well as its features, conversions or upgrades.
1.6 “Machine Code” means all code provided for a Machine (including, without limitation, a Machine’s firmware and microcode), excluding code that is licensed under a license agreement other than the terms of this Agreement governing the use of Machine Code. The term “Machine Code” specifically includes any whole or partial copy of Machine Code, and any fix, patch, or replacement provided for Machine Code. The licensing of Machine Code is described in Section 8 “Licenses for Machine Code” of this Attachment A “General Terms” below.
1.7 “Materials” means literary works or other works of authorship, such as Programs and code, documentation, reports, and similar works that Lenovo may deliver to Customer as part of a Service, but excluding Programs, Machine Code, and other items available under their own license terms or agreements.
1.8 “Price” means, as applicable, the price payable for a Product or the charge payable for a Service.
1.9 “Product” means any Hardware Product or Program that Lenovo makes available for purchase by Customer under this Agreement.
1.10 “Program” means any Lenovo-branded or Third Party software, whether in object code or source code form, and whether pre-loaded or provided separately, which is licensed to Customer under a separate license agreement. The term “Program” also includes related licensed materials, such as documentation, but always excludes Machine Code.
1.11 “Service” means the performance of a task, the provision of advice or assistance, or access to a resource such as an information data base that Lenovo makes available to Customer under this Agreement. Unless otherwise agreed hereafter, terms and conditions relating to additional Services other than any warranty services shall be agreed subsequently and set forth in a separate Transaction Document.
1.12 “Third Party” means any legal entity or individual person which or who is not subject to the terms and conditions of this Agreement, and hence neither a Party nor an Affiliate of a Party.
Lenovo Customer Agreement
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Attachment A - Page 2 of 11
1.13 “Transaction Document” means, strictly subject to Section 18.2 of this Attachment A “General Terms”, a separate subsequent document accepted by the Parties referencing this Agreement and which contains specific details and terms related to an individual transaction, such as a purchase order, service transaction, statement of work, supplement, product catalog, schedule, invoice, exhibit, change authorization, amendment or addendum and any applicable annex. One or more Transaction Documents may be associated with a single transaction. Each transaction under this Agreement constitutes a separate agreement, and is independent from other such transactions.
2 Orders, Acceptance and Delivery
2.1 Customer may place one or more orders, subject to acceptance by Lenovo, for any of the Products and Services agreed between the Parties under this Agreement, in particular as agreed in a Transaction Document or in an Attachment. Unless agreed otherwise, Customer accepts the terms in Transaction Documents by: (i) signing the relevant Transaction Document, by hand, or electronically or otherwise manifesting assent thereto; (ii) using the Product or Service, or allowing others to do so; or (iii) making any payment for a Product or Service.
2.2 Unless agreed otherwise by Lenovo, acceptance by Lenovo of any such order shall be subject to: (i) proof of Customer’s creditworthiness satisfactory to Lenovo; or (ii) Lenovo’s receipt of a payment guarantee from either Customer or another acceptable guarantor, in a form acceptable to Lenovo.
2.3 A Product or Service becomes subject to this Agreement when Lenovo accepts Customer’s order by: (i) signing a Transaction Document; (ii) sending Customer written acceptance of the order or billing Customer for the same; (iii) shipping the Product; or (iv) otherwise making the Product or Service available to Customer.
Confirmation of Lenovo’s receipt of a Customer order does not constitute Lenovo’s acceptance of that Customer order.
2.4 Any Transaction Document will require written signature of both Parties, if requested by either Party.
2.5 Delivery dates and shipping dates are estimates, unless otherwise specifically agreed by Lenovo in a Transaction Document.
2.6 For any Program that Lenovo provides to Customer in tangible form, Lenovo fulfils its shipping and delivery obligations upon the delivery of the Program to the Lenovo-designated carrier, unless otherwise agreed to in writing by Customer and Lenovo.
3 Prices, Payment and Taxes
3.1 Prices and related costs for Products and Services shall be as set forth in Attachment B “Pricing, Products, Services Descriptions and Contact Details”, or as otherwise agreed by the Parties in a Transaction Document.
No other discounts, quantity entitlements, or promotions apply unless expressly agreed in writing by Lenovo.
3.2 If not paid in advance of shipment or performance, all amounts due to Lenovo on Services and Products are due upon receipt and not later than thirty (30) days of Lenovo’s invoice issuance date. Any amounts not received by Lenovo within thirty (30) days of the invoice’s issuance date shall be overdue. In the event payment is not received by Lenovo on or before the 30th day after the date of the invoice, then Lenovo may, in addition to any other remedies available at equity or in law, at its option, elect to do any one or more of the following:
(i) charge interest on the outstanding sum from the due date (both before and after any judgment) at 1.5% per month until paid in full (or, if less, the maximum amount permitted by applicable laws); (ii) suspend any further performance hereunder until such invoice is paid in full; (iii) terminate this Agreement; and/or sell any undelivered Products in the open market, in which event, Customer agrees to: (a) be liable for any difference between the resale price obtained by Lenovo and the price thereof, as well as for costs and expenses incurred by Lenovo in connection with such resale, and interest as provided herein; and (b) immediately pay such difference to Lenovo upon demand. If Customer fails to take delivery of any Product on any scheduled delivery date, Lenovo shall store such Product as Customer’s agent, and Customer shall be invoiced on the 1st day of each month following such scheduled delivery for reasonable administration and storage costs. Customer shall not have any right to offset any obligation of Lenovo to Customer against any obligation of Customer to Lenovo.
Lenovo Customer Agreement
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Attachment A - Page 3 of 11
3.3 Each and every delivery of Products is separate, and Customer agrees not to withhold payment on any one delivery, including, without limitation, a partial delivery, because of a controversy relating to any other delivery or to any undelivered Products. In the event of delivery by installments, whether by prior agreement of the Parties or otherwise, delivery of one or more such installments shall not relieve Customer of its obligation to accept and pay for remaining installments.
3.4 Customer shall pay any applicable sales, use or similar taxes, fees or duties on Services and Products, unless Customer provides exemption documentation to Lenovo. Customer becomes responsible for taxes on (i) Hardware Products and Programs pre-loaded on Hardware Products from the date Lenovo has delivered them to the Lenovo-designated carrier for shipment to Customer, (ii) Programs from the date Lenovo has made them available or accessible to Customer, and (iii) Services from the date on which the Services are provided by Lenovo. Lenovo shall be solely responsible for paying all taxes on Lenovo’s net or gross income. 4 Title and Risk
4.1 When Customer orders any Hardware Product, Lenovo transfers title to Customer upon delivery of the Hardware Product at the Lenovo-designated carrier for shipment to Customer. Lenovo does not transfer title to any Program, which Program is solely licensed in accordance with its applicable terms and not sold.
4.2 For each Hardware Product supplied by it, Lenovo bears the risk of loss or damage up to the time it is delivered to the Lenovo-designated carrier for shipment to Customer. At no cost to Customer, each Hardware Product supplied by Lenovo will be covered by insurance, arranged, managed and paid for by Lenovo or one of its Affiliates for Customer, covering the period until the Hardware Product is delivered to Customer. For the avoidance of doubt, pursuant to Attachment B “Pricing, Products, Services Descriptions and Contact Details” Lenovo will bear freight and duty charges incurred in importing Hardware Products and delivering them to Customer, unless otherwise specifically agreed by Lenovo in a Transaction Document. 5 Warranties
5.1 Warranties for Lenovo Hardware Products: Lenovo warrants that each Lenovo-branded Hardware Product supplied under this Agreement is free from defects in materials and workmanship under normal use during the applicable warranty period. Unless Lenovo specifies otherwise, Lenovo’s warranties for any Lenovo Hardware Product apply only in the country where it was acquired. Unless otherwise specified in a Transaction Document, the warranty period shall commence on the invoice’s issuance date. During the warranty period, Lenovo shall provide repair and exchange service for the Lenovo Hardware Product, without charge, under the type of warranty service designated by Lenovo for the Hardware Product. If a defect in materials or workmanship is discovered during the warranty period and Lenovo is unable either: (i) to repair the Lenovo Hardware Product; or (ii) to replace it with one that is at least functionally equivalent, Customer may return the Lenovo Hardware Product to Lenovo for a pro-rated refund. Lenovo may change components or parts of a Lenovo Hardware Product without notice, provided that the substituted components or parts provide equal or better performance. Any such change shall be at no additional cost to Customer, and will not change Customer’s rights under the warranty applicable to the Lenovo Hardware Product.
5.2 Warranty for Third Party Hardware Products: Lenovo offers no warranty in respect of Third Party Products under this Agreement. Where the supplier or producer of any Third Party Product offers its own warranty, and to the extent that Lenovo is free to do so, Lenovo will upon request endeavor to transfer associated warranty service and other rights to Customer, subject always to the applicable Third Party’s terms and conditions.
5.3 Warranty for Services: Lenovo warrants that it will perform each Service using reasonable care and skill and according to its current description, including any completion criteria, contained in this Agreement or a relevant Attachment or Transaction Document. Customer shall provide timely written notice to Lenovo of any failure to comply with this warranty not later than thirty (30) days after completion of the Service at issue identifying the failure with reasonable particularity, in order that Lenovo may take corrective action as specified in the following sentence. Lenovo will either correct the failure or provide a credit of the charges paid to Lenovo for the defective portion of the Services. Such corrective action shall be Customer’s sole remedy for a breach of this Section 5.3 “Warranty for Services”.
5.4 Warranty for Programs: Lenovo does not offer any warranty in respect of Programs under this Agreement.
See Section 6 “Programs” of this Attachment A “General Terms” for where to locate warranty terms for Programs, if any.
Lenovo Customer Agreement
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Attachment A - Page 4 of 11
5.5 Specific Exclusions: The warranties in this Section 5 “Warranties” are made to and for the benefit solely of the specific buyer under this Agreement and are non-transferable. The warranties stated in this Section 5 “Warranties” shall not apply to any Lenovo Hardware Product: (i) that: (a) has been subjected to misuse, accident, unauthorized modification, improper installation, damage or mishandling, or rendered inoperable due to willful or negligent acts or omissions; (b) has been operated in an unsuitable physical or operating environment or contrary to the applicable documentation published by Lenovo; (c) has been subjected to natural disasters, power surges or discharge, or unauthorized maintenance; or (d) is incapable of being tested by Lenovo under its normal test conditions; or (ii) that is sold for beta, evaluation, testing or demonstration purposes. Lenovo shall not be liable under this Section 5 “Warranties” for claims arising from Customer’s, its Affiliates’ or their subcontractors’, or any unauthorized Third Party’s misuse, neglect, improper installation or testing, attempts to repair, or any other cause beyond the range of the intended use of the Lenovo Hardware Product. The Lenovo Hardware Product warranty will become void if a Hardware Product component is installed as an add-on to or replacement for the original Lenovo Hardware Product, without Lenovo’s prior written approval. Unless otherwise agreed or mandated by statute, such warranties shall not apply to: (1) any Third Party Hardware Product, including those that Lenovo may provide or integrate into a Lenovo Hardware Product at Customer’s request; or (2) any Program, whether provided with a Lenovo Hardware Product or installed subsequently. The warranties stated in this Section 5 “Warranties” also: (x) do not include any technical support, such as assistance with “how-to” questions and those regarding Lenovo Hardware Product set-up and installation; and (y) shall be voided by the removal or alteration of identification labels on a Lenovo Hardware Product or its parts. In no event shall the warranties stated in this Section 5 “Warranties” include any Lenovo responsibility for: (A) uninterrupted or error-free operation of any Product; (B) correction of any or all program or Program code defects; or (C) any loss of, or damage to, data caused by a Product.
5.6 General Exclusions: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH UNDER THIS SECTION 5 “WARRANTIES” ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WHICH LENOVO HEREBY EXPRESSLY DISCLAIMS.
UNLESS OTHERWISE EXPRESSLY SPECIFIED, ALL SOFTWARE, MACHINE CODE, PROGRAMS, SERVICES, SUPPORT AND ALL THIRD PARTY PRODUCTS AND SERVICES ARE PROVIDED “AS IS”,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND LENOVO MAKES NO WARRANTY THAT ANY PRODUCT WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THIRD PARTY
MANUFACTURERS, SUPPLIERS, DEVELOPERS, SERVICE PROVIDERS, LICENSORS OR PUBLISHERS MAY SEPARATELY PROVIDE THEIR OWN WARRANTIES TO CUSTOMER. 6 Programs
Unless otherwise agreed in this Agreement, all terms and conditions for any Program purchased under this Agreement, whether Lenovo or Third Party branded, including but not limited to warranty terms, liability and the use of such Program will solely be governed by its own specific Lenovo or Third Party license terms, as separately provided to or agreed by Customer, as the case may be, before its actual use. In case, but to the extent only, of any conflict between any of the terms and conditions of this Agreement and those of the license agreement for any such Program, the latter will prevail solely as regards the Program. 7 Specified Image
7.1 The Parties may agree that Lenovo will install a specific “system image” consisting of a specified set of Customer-selected Programs and modules (a “Specified Image”) requested and provided by Customer onto a Lenovo Hardware Product supplied under this Agreement.
7.2 Unless specifically agreed otherwise in writing: (a) Lenovo will act as Customer’s agent when installing Specified Images; (b) Lenovo’s warranty and other Hardware Product-related obligations, including without limitation regarding technical performance, interoperability and Third Party rights compliance, shall be limited to Lenovo Hardware Products in their unmodified state; and (c) Lenovo shall only be liable to provide Hardware Product warranty service to Customer for any Lenovo Hardware Product on which a Specified Image is installed to the extent that the fault reported by Customer can be recreated on the Hardware Product in its standard, unmodified state. Any faults should be reported to Lenovo in writing by Customer not later than ninety (90) days following delivery of the Lenovo Hardware Product to Lenovo’s designated carrier, or the faults will be considered waived.
Lenovo Customer Agreement
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Attachment A - Page 5 of 11
8 Licenses for Machine Code
Customer acknowledges that each Machine contains Machine Code. Regardless of the source from which Customer acquires a Machine, the Machine Code shall be subject to the terms of the license agreement included with the relevant Machine. Customer’s use of Machine Code on a Machine is governed by the terms of the applicable Lenovo License Agreement which is available on or through Lenovo’s support website at https://support.lenovo.com/, or otherwise will be provided upon request. 9 Confidentiality
9.1 Any non-public information which is received under this Agreement by one Party from the other and which is clearly marked as “confidential” (“Confidential Information”) shall be (i) maintained in confidence during the term of this Agreement and for two (2) years following termination or expiration of this Agreement (or, if it is Confidential Information additionally marked as and comprising a “trade secret,” for so long as it remains a trade secret under applicable law), (ii) used only for the purpose of fulfilment of the receiving Party’s obligations under this Agreement, and (iii) protected during such periods against unauthorized disclosure by the receiving Party, except for the following permitted disclosures: (a) disclosure to the receiving Party’s Affiliates, employees and contractors with a business “need to know” for the exercise of the receiving Party’s rights or fulfilment of its obligations under this Agreement, provided that such further recipients are also obligated by the receiving Party to protect the Confidential Information to the same extent as the receiving Party under this Section 9 “Confidentiality” and (b) disclosure with the prior written consent of the disclosing Party. Further, the receiving Party is permitted to disclose any protected Confidential Information of the disclosing Party, to the extent required by law, on condition that in any such case the receiving Party promptly notifies the discloser (to the extent not prohibited by applicable law), to allow the disclosing Party a reasonable opportunity to seek a protective order. Confidential Information is provided with no warranty, and without liability as to its accuracy or completeness. Confidential Information disclosed to a third party, notwithstanding a valid consent provided under this Agreement or in the event of an unauthorized disclosure, remains Confidential Information under this Section 9 “Confidentiality”. The terms of this Agreement are the Confidential Information of Lenovo.
9.2 Information shall not be considered “Confidential Information” under this Section 9 “Confidentiality”, and the receiving Party is free to disclose it, if: (i) the information was already in the recipient’s possession without obligation of confidentiality at the time of its receipt from the receiving Party; (ii) the information was independently developed by the receiving Party without use of the Confidential Information of the disclosing Party; (iii) the information was obtained from a third party without obligation of confidentiality to the disclosing Party; (iv) the information was or becomes publicly available through no breach of this Agreement by the receiving Party or its Affiliates, employees and contractors; or (v) the disclosing Party reveals the information to a third party without imposing an obligation of confidentiality on the third party.
9.3 The terms of this Section 9 “Confidentiality” supersede and replace the terms of any confidentiality or nondisclosure agreement entered into by and between the Parties prior to the Effective Date (an “NDA”), provided however that any such NDA shall remain effective in accordance with its terms with respect to any confidential information disclosed under it by the Parties prior to the Effective Date. 10 Personal Information
10.1 Lenovo will collect, access, retain and, as appropriate, share (collectively “Process”) the names and contact information of Customer, as well as machine types and serial numbers of the Products sold to Customer (collectively “Personal Information”). This Personal Information will be Processed by Lenovo in order to perform the obligations of this Agreement, including contractual warranties.
10.2 Lenovo will Process Personal Information of Customer consistent with its general website and product privacy statements available at https://www.lenovo.com/us/en/privacy/ and/or, as applicable, privacy statements designed for a specific Lenovo Product or Service.
10.3 To perform its obligations pursuant to this Agreement in relation to the Products and Services, Lenovo may transfer Personal Information (i) from any country to any other country in the world where Lenovo and its Enterprise operate, and (ii) to Lenovo’s Enterprise and Lenovo Service Providers acting on Lenovo’s behalf in relation to this Agreement and/or the Products or Services.
Lenovo Customer Agreement
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10.4 Lenovo and Customer will comply with all data privacy or data protection laws applicable to their Processing of Personal Information pursuant to this Agreement.
10.5 Lenovo and Customer will have appropriate technical and organizational security measures in place to protect Personal Information from unauthorized access, use, or release.
10.6 If Customer accesses any Personal Information directly from a Lenovo order visibility platform or other data system, Customer (i) shall have in place appropriate administrative, physical, and technical controls to address threats to the confidentiality and security of Lenovo’s platform or data system and associated information and (ii) shall not transfer across international borders any Personal Information it receives from Lenovo without Lenovo’s express prior written consent.
10.7 Lenovo and Customer agree to cooperate as needed to address any actual or suspected Personal Information incident that may occur within the scope of this Agreement, including actual or suspected breaches of Personal Information, and to take any necessary steps to investigate, address, remediate and/or mitigate such incidents.
10.8 Furthermore, Lenovo and Customer agree to appropriately respond to any individual’s requests to review, correct, amend or delete his or her Personal Information Processed within the scope of this Agreement. 11 Additional Customer Responsibilities
11.1 As may be reasonably required by Lenovo, Customer shall provide Lenovo with sufficient and safe access (including remote access authorized by Customer) to Customer’s facilities, systems, information, personnel, and resources, all at no charge to Lenovo. Lenovo shall not be responsible for any delay in performing or failure to perform caused by Customer’s delay in providing such access or performing other Customer responsibilities under this Agreement.
11.2 If Customer is making any facilities, software, hardware or other resources available to Lenovo in connection with this Agreement: (i) Customer shall obtain any Third Party approvals, consents, licenses or permissions related to these resources that may be necessary for Lenovo, or its Affiliates, and/or Lenovo Partners to perform the Services; (ii) Lenovo shall be relieved of any obligation that is adversely affected by Customer’s failure promptly to obtain any of the foregoing; and (iii) Customer shall reimburse Lenovo for any costs and other amounts that Lenovo may incur related to Customer’s failure to obtain any of the foregoing.
11.3 Customer will at all times remain responsible for: (i) the implementation and management of its own data backup and recovery arrangements for any data stored on Customer’s Hardware Products.
11.4 Unless otherwise agreed in an Attachment or a Transaction Document, Customer is responsible for: (i) any data, and the content of any database stored on the Hardware Products or that it makes available to Lenovo in connection with this Agreement; and (ii) the selection and implementation of procedures and controls regarding access to its data, and the security, encryption, protection from unauthorized use, and transmission of data. Lenovo’s responsibilities regarding any such data or database, including any obligations related to data subjects’ rights or the confidentiality and security of the data, will be governed by the specific Transaction Document applicable to the particular Service transactions, which are subject to the provision of Section 17 “Limitation of Liability” of this Attachment A “General Terms” and other terms and conditions of this Agreement. 12 Returns
If for any reason, whether based on applicable law or on a specific contractual provision under this Agreement, Customer is entitled to return a Hardware Product to Lenovo, Customer is responsible, before returning the Hardware Product for: (i) resetting the system to its original factory settings as provided by Lenovo to Customer; (ii) ensuring that such Hardware Product is entirely free of any Customer or Third Party security interest or deposit; and (iii) securely erasing any Customer or Third Party personal and other data stored on the Hardware Product. If Customer fails to do so, Lenovo shall be entitled to erase all such stored data. Lenovo is not responsible to maintain any program or other data stored in or on any returned Hardware Product and shall not be liable for any such data. Lenovo may operate disposal procedures according to Lenovo defined processes and in accordance with applicable laws. In any event, Customer shall not return any Hardware Products to Lenovo unless Customer has obtained a returned goods authorization from Lenovo for the applicable Hardware Products, and otherwise complies with the return policy of Lenovo then in effect.
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Customer may return a new, standard Product that is still in its sealed, unopened package, to Lenovo for any reason within twenty-one (21) days of the date of invoice for a refund or credit. Customers may only return the entire Product or all such Products for a refund or credit. Partial refunds or credits for Products that are not standard; or Products configured to Customer’s requirements, including installation of software Product options; or quantities of Products that are not separately priced, are not available to Customers. In order to receive a credit or refund, Customer must contact its Lenovo Customer Support Representative to obtain a return-authorization form. Customer must return the new Product, including all documentation and accessories, intact and in its unopened original packaging to the location and by the date specified by Lenovo.
A copy of the invoice, the return-authorization form, and the shipping label must accompany the returned Product. Shipping and handling charges will not be refunded or credited to Customer. Products returned without a Lenovo return-authorization form, or returned after the date specified by Lenovo, may be subject to a restocking fee in the amount of fifteen percent (15%) of the price paid.
Customer agrees to pay the restocking fee if charged by Lenovo. A refund or credit is not available for the return of Products which are not generally available to customers and for which Lenovo created a unique machine type model (MTM) or a part number. Returns of Products shipped as a result of a Lenovo error will be accepted by Lenovo. Lenovo will initiate a return of such Products with appropriate documentation at no charge to Customer if Lenovo is notified of the error within twenty one (21) days of the date of the invoice. If Customer acquired a software Product separate from a hardware Product, and paid a software license fee, but does not agree to the terms of the license, Customer may return the software Product within twenty one (21) days of the date of invoice and receive a refund or credit in the amount of the fee. 13 Export Regulations
Any use, export, re-export, or transfer in-country, either directly or indirectly, of Products and technical data supplied by Lenovo under this Agreement is subject to applicable export laws and regulations, including without limitation those of the United States and the European Union. Customer is responsible for compliance with all applicable export laws and regulations when using, exporting, re-exporting, or transferring in-country, directly or indirectly, any such Product or technical data. Customer shall defend, indemnify and hold Lenovo and its Affiliates harmless from any claim, damage, liability or expense (including but not limited to reasonable attorneys’ fees, costs of investigation, and costs of defense) arising out of or in connection with any violation of this Section 13 “Export Regulations”.
This Agreement shall immediately terminate in the event Customer is listed as a restricted party on any sanctions list including, but not limited to, the United Nations Sanctions List, United States Treasury Department’s Office of Foreign Asset Control Specially Designated National List; and the United States Department of Commerce’s Denied Parties List, Entity List, or Unverified List. Lenovo shall have no further obligations under this Agreement until Customer is no longer designated a restricted party. 14 Force Majeure
Except for payment obligations, neither Party shall be liable to the other for any failure or delay in the performance of its obligations, to the extent such failure or delay is caused by: fire, flood, earthquakes, or other elements of nature; acts of war; terrorism, riots, strikes, labor stoppages, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond its reasonable control.
15 Intellectual Property Rights
15.1 Lenovo and its suppliers retain ownership of all their pre-existing intellectual property as well as intellectual property rights that were developed outside of this Agreement and any modifications or enhancements of such intellectual property that may be made under this Agreement. To the extent they are embedded in any Materials, such intellectual property is licensed in accordance with their separate licenses provided to or agreed with Customer.
15.2 Lenovo and its suppliers shall own all intellectual property rights in Materials created as part of a Services transaction. Lenovo grants Customer an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform and distribute copies of these Materials only to Customer’s Affiliates.
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15.3 Each Party agrees to reproduce the copyright notice and any other legend of ownership on any copies made under the licenses granted in this Section 15 “Intellectual Property Rights”.
15.4 Each Party grants the other only the licenses and rights expressly specified in this Agreement. Unless agreed by the Parties in a separate license agreement, no other licenses or rights to Products (including licenses or rights under any patent, copyright, trademark or any other intellectual property right) are granted either directly, by implication, or otherwise by either Party.
15.5 The rights and licenses granted to Customer under this Agreement may be terminated by Lenovo if Customer fails to fulfil its applicable payment obligations.
15.6 Unless otherwise agreed, neither Party grants the other the right to use its or any of its Affiliates’ trademarks, trade names, logos or other designations in any promotion or publication without prior written consent. 16 Intellectual Property Indemnification
16.1 If a Third Party files a lawsuit against Customer claiming that a Lenovo-branded Product infringes that party’s patents or copyrights (hereinafter referred to as a “Claim”) for the purposes of this Section 16 “Intellectual Property Indemnification”, Lenovo will indemnify Customer against that Claim at Lenovo’s expense. At Lenovo’s option, Lenovo may also defend Customer against that Claim at Lenovo’s expense.
16.2 Lenovo’s obligations under this Section are conditioned on the following: (1) Customer promptly notifies Lenovo in writing of the Claim; (2) if Lenovo elects to defend, Lenovo will solely control the conduct of the defense and any settlement of the Claim and Customer must fully and timely cooperate with Lenovo and provide Lenovo with all reasonably requested authority, information and assistance in connection with defense of the Claim; and (3) Customer is and remains in compliance with the terms of this Agreement, including Customer's obligations under this Section 16 “Intellectual Property Indemnification”. Lenovo will not be responsible for any costs, expenses or compromise incurred or made by Customer without Lenovo’s prior written consent.
16.3 If such a Claim is made or appears likely to be made, and Customer maintains an inventory of Products, Customer shall permit Lenovo, in Lenovo’s sole discretion, to: (1) enable Customer to continue to use and sell the Products; (2) modify the Products so that they are non-infringing; (3) replace the Products with noninfringing, functionally-equivalent products; or (4) provide a credit to Customer equal to the net book value of any Products that Customer promptly returns to Lenovo at its written request.
16.4 Lenovo shall have no obligation regarding any Claim based on: (1) anything Customer or a Third Party on Customer's behalf provides which is incorporated into, or combined with a Product; (2) modification of a Product by Customer or a Third Party on Customer's behalf; (3) the combination, operation, or use of a Product with any products not provided by Lenovo as a system, or the combination, operation, or use of a Product with any product, data, apparatus or business method that Lenovo did not provide; (4) Lenovo’s compliance with Customer’s specifications or requirements; or (5) infringement by a Third Party product alone and used by Customer, as opposed to its combination with Products; or (6) any standard essential patent ((1) through (6) are collectively the “Customer Obligations”). Customer will defend and indemnify Lenovo for all costs and damages arising from infringement claims against Lenovo based upon the Customer Obligations provided that (a) Lenovo promptly notifies Customer in writing of such claim; (b) Customer will solely control the conduct of the defense and any settlement of such claim and Lenovo must fully and timely cooperate with Customer and provide Customer with all reasonably requested authority, information and assistance in connection with defense of the claim; and (c) no settlement of such claim shall be made without Lenovo’s prior written consent if the settlement would result in a payment from Lenovo or in any ongoing obligation or restriction on Lenovo or a Product.
16.5 The foregoing is Lenovo’s entire obligation to Customer, and Customer’s exclusive remedy, regarding any Claim.
17 Limitation of Liability
17.1 Except as expressly stated in this Agreement, neither Enterprise shall be liable to the other Enterprise for any of the following even if informed of their possibility or foreseeable and whether the claim arises in contract, tort (including gross negligence where legally permissible), or otherwise: (1) third-party claims for damages; (2)
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loss of, or damage to, data; (3) special, incidental, indirect, punitive, exemplary or consequential damages; (4) loss of profits, business, revenue, goodwill or anticipated savings; (5) loss of use; or (6) wasted management time.
17.2 The maximum cumulative liability of either Enterprise to the other Enterprise for all actions arising out of or related to this Agreement and all orders issued hereunder, regardless of the form of the action or the theory of recovery, shall be limited to actual direct damages, not to exceed the total amount paid or payable by Customer and the Enterprise of which it is a part to Lenovo and the Enterprise of which it is a part for all orders issued under this Agreement.
17.3 The provisions of Sections 17.1 and 17.2 of this Attachment A “General Terms” shall also limit the liability of Lenovo, its subcontractors, suppliers and program developers, collectively, to Customer and the Enterprise of which it is a part.
17.4 The provisions of Sections 17.1 and 17.2 of this Attachment A “General Terms” shall not apply to either Party’s obligations under Sections 16 “Intellectual Property Indemnification” of this Attachment A “General Terms”.
17.5 The provisions of this Section 17 “Limitation of Liability” shall not apply to the extent prevented or restricted by mandatory applicable law (including without limitation in relation to fraud) that cannot be amended or excluded by contractual waiver.
18 Entire Agreement and Conflicts
18.1 This Agreement, including the Attachments described on the cover page, any Transaction Documents hereunder, and any other referenced terms and conditions incorporated herein form the entire Agreement of the Parties with respect to the subject-matter of this Agreement, and together replace any prior or contemporaneous agreements, understandings, communications, representations, undertakings, warranties, promises, covenants, and commitments, whether oral or written, between the Parties regarding the subjectmatter of this Agreement.
18.2 Unless otherwise agreed herein or otherwise, additional or different terms, Product descriptions, statements of work or similar Transaction Documents shall only become part of this Agreement if agreed in a signed written document executed by the Parties, in particular where the provisions of this Agreement are incorporated or referenced. Additional or different terms in any other written communication without the written consent of Lenovo, such as on a purchase order, are void.
18.3 In the event, but only to the extent, of any conflict between the provisions of this Agreement, and those of any of its Attachments or any other document incorporated into this Agreement, the following order of precedence shall apply:
(1) any subsequent Transaction Document created under, and referring to, this Agreement shall prevail as to the specific Products or Services referenced therein; provided that, to the extent there is any conflict among Transaction Documents, the most recently executed Transaction Document will prevail over any other previously executed Transaction Documents; (2) any Attachment to this Agreement;
(3) these General Terms.
19 Term and Termination
19.1 The term of this Agreement shall begin on xx/xx/xxxx Date and continue for three (3) years with option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.
19.2 Either Party may terminate this Agreement early without cause upon thirty (30) days’ prior written notice to the other Party. Either Party may terminate this Agreement early if the other Party, materially breaches the terms of this Agreement; provided the Party alleged not to be in compliance is given written notice of the noncompliance and not less than thirty (30) days to cure, except in the event of a non-payment in which case only
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ten (10) days to cure shall be required. Any transaction validly initiated under this Agreement shall remain governed by the terms and conditions of this Agreement until completion, notwithstanding any early termination of this Agreement, unless otherwise agreed by the Parties in writing.
19.3 Any terms of this Agreement which expressly or by their nature survive the expiration or termination of this Agreement, including but not limited to Section 15 “Intellectual Property Rights” and Section 17 “Limitation of Liability” of this Attachment A “General Terms”, shall survive the expiration or termination of this Agreement. 20 Assignment
Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party. Neither Party shall unreasonably withhold, condition or delay such consent. The assignment of this Agreement, in whole or in part by either Party to any of its Affiliates, or to a successor organization by merger or acquisition, does not require the consent of the other Party unless the proposed assignee of Customer is a competitor of Lenovo. Lenovo may assign its rights to receive payments under this Agreement without Customer’s consent.
21 Governing Law and Venue
This Agreement and all orders issued hereunder will be governed under the laws of the State of New York, without regard to its conflict of law principles. Neither party may bring an action arising out of or related to this Agreement more than two (2) years after the cause of action arose. 22 Miscellaneous
22.1 The Parties shall endeavor in good faith to amicably resolve any dispute arising out of or in connection with this Agreement and will cooperate to escalate any disputes to their management teams, as appropriate.
22.2 Customer may not bring an action arising out of or related to this Agreement more than one (1) year after the cause of action arose. The rights and obligations of each Party are valid only in the jurisdiction in which the transaction is performed or, if Lenovo agrees, where the Product is placed in productive use, except that all licenses are valid as specifically granted. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
22.3 Unless otherwise agreed in writing in advance by Lenovo under a Transaction Document, Products are sold under this Agreement for Customer’s own use and not for onward resale, lease or rental, other than to an Affiliate of Customer. If Customer sells, leases or rents Products or Services purchased from Lenovo in competition with Lenovo resellers, Lenovo may terminate this Agreement and any open transactions hereunder with immediate effect and discontinue further sales to Customer.
22.4 Notices and other written communications are to be sent to the physical, e-mail or facsimile address specified in an applicable Attachment or Transaction Document. Electronic mail can be used to send and receive communications in connection with this Agreement. All such communications shall be considered a signed writing. An identification code or “user ID” contained in an electronic document shall be sufficient to verify the sender’s identity and the document’s authenticity.
22.5 The Parties are independent contractors. Neither this Agreement nor any transaction hereunder shall create the relationships of principal and agent, joint venturers, partners, or employer or employee as between Customer and Lenovo or their respective Affiliates.
22.6 Each Party shall assign personnel that are reasonably qualified to perform the tasks required of it under this Agreement, and shall be solely responsible for the supervision, direction, control, and compensation of its personnel. Subject to the foregoing, the Parties and their relevant Affiliates may in their sole discretion determine the assignment of their personnel and contractors. Lenovo may delegate any of its rights and obligations under this Agreement to an Affiliate. Lenovo may engage subcontractors to perform this Agreement; provided that Lenovo shall be responsible for the performance of Services under this Agreement by its subcontractors.
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22.7 Either Party may enter into similar agreements with others to develop, acquire, or provide competitive products and services.
22.8 No Third Party beneficiaries are intended to this Agreement. To the fullest extent permitted by applicable law:
(i) no right or cause of action arises or is created, irrespective of whether in contract, tort, under the law or otherwise, in favor of any Third Party under this Agreement or any transaction hereunder; and (ii) no Third Party shall have any right to enforce any of the terms and conditions of this Agreement or of any agreement associated with any transaction hereunder, except that Lenovo’s suppliers may avail themselves of Section 17 “Limitation of Liability” of this Attachment A “General Terms”.
22.9 Customer is responsible for selecting the Products and Services that meet its needs and for the results obtained from the use of the Products and Services, including Customer’s decision to implement any recommendation concerning Customer’s business practices and operations. Customer may not and shall not rely on Lenovo for any of the foregoing.
22.10 Where approval, acceptance, consent or similar action by Customer is required under this Agreement, such action will not be unreasonably delayed, conditioned or withheld.
22.11 The English versions of this Agreement and the Transaction Documents, regardless of whether a translation in any other language is or shall be made, shall be the only authentic ones. Any translation of this Agreement or a Transaction Document in another language prepared for any reason shall be a non-binding accommodation of no legal effect, and the English version of this Agreement or a Transaction Document, including any amendments thereto, shall govern.
22.12 Except as set forth in Section 3 of Attachment B “Pricing, Products, Service Descriptions and Contact Details”, this Agreement may be amended solely by a writing signed by both Parties 23 Lenovo Resellers
Lenovo provides different ways to purchase Products and Services, depending on the region and/or choice of Customer: “Direct” purchase means that the Product or Service is available for purchase directly from Lenovo and subject to this Agreement; and “Indirect” purchase means that the Product or Service is available for purchase from a Lenovo reseller. Indirect purchase of Products or Services from a reseller shall be subject to such terms and conditions, as well as prices, as Customer and reseller may agree. Lenovo shall not be responsible for: (i) the actions of any such reseller; (ii) any obligation that such reseller may have to Customer; or (iii) any Third Party product or service that such reseller may supply to Customer. [End of Attachment A]
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ATTACHMENT B
Pricing, Products, Services Descriptions and Contact Details 1 Pricing, Products and Services
1.1 Customer is not committing to minimum purchase volumes or order quantities with Lenovo.
1.2 Lenovo makes Products and Services descriptions available to Customer for purchase through a “Customer Product Catalog” or any other Transaction Document or via a website, as agreed by the Parties, at the then current agreed Prices. Prices for additional Services will be agreed subsequently (except for warranty services chargeable at Lenovo’s then-current rates) and set forth in a separate Transaction Document.
1.3 Prices do not include local taxes, Value Added Tax, Goods & Services Tax or tariffs.
1.4 Unless agreed otherwise, international freight, duties and insurance are included in the Prices, with the exception of some countries which shall be communicated to Customer in advance. Transportation or delivery charges, if applicable, will be specified in a Transaction Document. 2 Changes
2.1 Unless a specific period for the validity of Prices has been agreed in writing between the Parties in a Transaction Document, Lenovo may change Prices, including labor rates, for Products and Services and other financial terms under this Agreement by providing Customer at least one (1) month prior written notice, e.g., to reflect a price increase in raw materials or in Product components. However, no such change shall be retroactive. Any such change shall be effective on the date specified in the notice. It shall only apply to new orders, on-going transactions of indefinite duration, and transactions with a defined recurring period. For transactions with a defined recurring period, Customer may request in writing that Lenovo delay the effective date of the change to after the end of the current recurring period.
2.2 Unless otherwise agreed, Customer acknowledges its agreement to have all such changes apply for such transactions: (i) by placing new orders for Products or Services after the effective date of the change; (ii) in the absence of a request that the effective date of the change be delayed until the end of the recurring period; (iii) by allowing transactions to recur or proceed after receipt of the change notice; or (iv) in the absence of notice of termination of transactions of indefinite duration prior to the effective date of the change. Except as provided above, in order for a change to be valid, it must be signed by both Parties.
2.3 The previous paragraph notwithstanding, if the cost on the international market of any Product component rises so significantly that it would not be commercially viable for Lenovo to be obliged to continue to allow Customer to buy the affected Products at the previously agreed Prices or discounts, Customer accepts that:
(i) upon having appropriately demonstrated such worldwide component cost increase, Lenovo may raise the Price of (or lower the discounts for) its affected Products proportionally in order to compensate for such cost increase; or (ii) if Customer refuses such price increase or discount reduction, Lenovo may temporarily refuse to accept Customer’s orders for the affected Products until the overall cost of components has returned to levels in line with those which applied when this Agreement was first signed. 3 Combination of Prices and Discounts
Prices or discounts may not be combined with any other discounts or promotions, unless approved by Lenovo. 4 Contact Details
Customer Lenovo
Attention: BUSINESS UNIT
Tel.: XXXX
Fax: XXXX
General E-mail address: XXXX
Attention: Lance Couch
Tel.: 281-712-2155
General E-mail address: [email protected]
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5 Product Catalog
The “Product Catalog” may be updated from time to time. [End of Attachment B]
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ATTACHMENT C
Warranty Service Information (Personal Computers)
1 General
If a defect in material or workmanship is discovered in a Lenovo branded Hardware Product during the warranty period, warranty Service may be obtained by contacting Lenovo or a Lenovo-approved Service provider (“Service Provider”). Repair, correction and replacement in the manner described below shall constitute fulfilment of all of Lenovo’s obligations under the Lenovo Limited Warranty. A list of Service Providers and their telephone numbers is available through www.lenovo.com/support/phone.
Warranty service may not be available in all locations and may differ from location to location. Charges may apply outside a Service Provider’s normal Service area. Contact a local Service Provider for information specific to Customer’s location.
2 Customer Responsibilities for Warranty Service
Before warranty Service is provided, Customer must take the following steps:
• follow the Service request procedures specified by the Service Provider; • backup or secure all programs and data contained in the Product; • authorize the Service Provider to access the systems and system relevant data necessary to provide warranty Services under this Agreement;
• provide the Service Provider with sufficient, free, and safe access to Customer facilities to perform Service; • remove all data, including confidential information, proprietary information and personal information, from the Hardware Product or, if Customer is unable to remove any such information, modify the information to prevent its access by another party or so that it is not personal data under applicable law. The Service Provider shall not be responsible for the unintentional loss or disclosure of any data, including confidential information, proprietary information, or personal information, on a Hardware Product returned or accessed for warranty service;
• remove all features, parts, options, alterations, and attachments not covered by the warranty; • ensure that the Hardware Product or part is free of any legal restrictions that prevent its replacement; • if Customer is not the owner of a Hardware Product or part, obtain authorization from the owner for the Service Provider to provide warranty Service.
3 What the Service Provider Will Do to Correct Problems When Customer contacts a Service Provider, Customer must follow the specified problem determination and resolution procedures.
The Service Provider will attempt to diagnose and resolve the problem by telephone, e-mail or remote assistance. The Service Provider may direct Customer to download and install designated software updates.
Some problems may be resolved with a replacement part to be installed by Customer called a “Customer Replaceable Unit” (“CRU”). If so, the Service Provider will ship the CRU to Customer for installation.
If the problem cannot be resolved over the telephone; through the application of software updates or the installation of a CRU, the Service Provider will arrange for service under the Type of Warranty Service designated for the Hardware Product as specified in the table below.
If the Service Provider determines that it is unable to repair the Hardware Product, the Service Provider will replace it with one that is at least functionally equivalent.
If the Service Provider determines that it is unable to either repair or replace the Hardware Product, Customer’s sole remedy under this Limited Warranty is to return the Hardware Product to the place of purchase or to Lenovo for a prorated refund of the purchase Price (unless the Customer is entitled to a complete refund under applicable mandatory law).
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4 Replacement Products and Parts
When warranty Service involves the replacement of a Hardware Product or part, the replaced Hardware Product or part becomes Lenovo’s property and the replacement Hardware Product or part becomes Customer’s property. Only unaltered Lenovo Hardware Products and parts are eligible for replacement. The replacement Hardware Product or part provided by Lenovo may not be new, but it will be in good working order and at least functionally equivalent to the original Hardware Product or part. The replacement Hardware Product or part shall be warranted for the balance of the warranty period remaining on the original Hardware Product. 5 What this Warranty Does not Cover
This warranty does not cover the following:
• uninterrupted or error-free operation of a Hardware Product; • loss of, or damage to, Customer data by a Hardware Product; • any software programs, whether provided with the Hardware Product or installed subsequently; • failure or damage resulting from misuse, abuse, accident, modification, unsuitable physical or operating environment, natural disasters, power surges, improper maintenance, or use not in accordance with the Hardware Product information materials;
• damage caused by a non-authorized Service provider;
• failure of, or damage caused by, any Third Party products, including those that Lenovo may provide or integrate into the Lenovo Hardware Product at Customer’s request; • any technical or other support, such as assistance with “how-to” questions and those regarding a Product set-up and installation; and
• Hardware Products or parts with an altered identification label or from which the identification label has been removed.
If required, the Service Provider will provide repair or exchange Service depending on the type of warranty Service specified for the Hardware Product and the available service. Scheduling of Service will depend upon the time of Customer’s call, parts availability, and other factors. 6 Types of Warranty Service
6.1 Customer Replaceable Unit (CRU) Service
Under “CRU Service”, a Service Provider will ship CRUs to Customer for installation by Customer. CRU information and replacement instructions are shipped with the Hardware Product and are available from Lenovo at any time upon request. CRUs that are easily installed by Customer are called “Self-Service CRUs”. “OptionalService CRUs” are CRUs that may require some technical skills and tools. Installation of Self-Service CRUs is Customer’s responsibility. Customer may request that a Service Provider install Optional-Service CRUs under one of the other types of warranty Service designated for the Hardware Product. An optional Service offering may be available for purchase from a Service Provider or Lenovo under which Self-Service CRUs would be installed for Customer. Customer may find a list of CRUs and their designation in the publication that ships with the Hardware Product or at www.lenovo.com/CRUs. The requirement to return a defective CRU, if any, will be specified in the materials shipped with a replacement CRU. When return is required: (1) return instructions, a prepaid return shipping label, and a container will be included with the replacement CRU; and (2) Customer may be charged for the replacement CRU if the Service Provider does not receive the defective CRU within thirty (30) days of Customer’s receipt of the replacement CRU.
6.2 On-Site Service
Under “On-Site Service”, a Service Provider will, at its discretion, either repair or exchange the Hardware Product at Customer’s location. Customer must provide a suitable working area to allow disassembly and reassembly of the Hardware Product. Some repairs may need to be completed at a Service center. If so, the Service Provider will send the Hardware Product to the Service center at its expense.
6.3 Courier or Depot Service
Under “Courier or Depot Service”, the Hardware Product will be repaired or exchanged at a designated Service center, with shipping at the expense of the Service Provider. Customer is responsible for disconnecting the Hardware Product and packing it in a shipping container provided to Customer for return of the Hardware Product to a designated Service center. A courier will pick up the Hardware Product and deliver it to the designated Service center. The Service center will return the Hardware Product to Customer at its expense.
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6.4 Customer Carry-In Service
Under “Customer Carry-In Service”, the Hardware Product will be repaired or exchanged after Customer delivers it to a designated Service center at Customer’s risk and expense. After the Hardware Product has been repaired or exchanged, it will be made available for collection by Customer. Failure to collect the Hardware Product may result in the Service Provider disposing of the Hardware Product as it sees fit, with no liability to Customer.
6.5 Mail-In Service
Under “Mail-In Service”, the Hardware Product will be repaired or exchanged at a designated Service center after Customer delivers it at Customer’s risk and expense. After the Hardware Product has been repaired or exchanged, it will be returned to Customer at Lenovo's risk and expense, unless the Service Provider specifies otherwise.
6.6 Customer Two-Way Mail-In Service
Under “Customer Two-Way Mail-In Service”, the Hardware Product will be repaired or exchanged after Customer delivers it to a designated Service center at Customer’s risk and expense. After the Hardware Product has been repaired or exchanged, it will be made available to Customer for return shipping at Customer’s risk and expense. If Customer fails to arrange return shipment, the Service Provider may dispose of the Product as it sees fit, with no liability to Customer.
6.7 Product Exchange Service
Under “Product Exchange Service”, Lenovo will ship a replacement Hardware Product to Customer’s location.
Customer shall be responsible for its installation and verification of its operation. The replacement Hardware Product becomes the property of Customer in exchange for the failed Hardware Product, which becomes the property of Lenovo. Customer shall pack the failed Hardware Product in the shipping carton used to ship the replacement Hardware Product and return it to Lenovo. Transportation charges, both ways, shall be at Lenovo’s expense. If Customer fails to use the carton in which the replacement Hardware Product was received, Customer may be responsible for any damage to the failed Hardware Product occurring during shipment. Customer may be charged for the replacement Hardware Product if Lenovo does not receive the failed Hardware Product within thirty (30) days of Customer’s receipt of the replacement Hardware Product. [End of Attachment C]
DATE: August 21, 2024
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Ty Harris, Deputy Fire Chief
Darci Vogel, Fire Business Manager
SUBJECT: Consideration of a Professional Services Agreement with On Duty Health, PLLC for Health and Fitness Assessments in the Amount of $222,210 Annually. (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board approve Professional Services Agreement CO #FD 2024-006 with On Duty Health, PLLC for health and fitness assessments in the amount of $222,210 annually.
BACKGROUND:
The National Fire Protection Association (NFPA) develops and publishes codes and standards related to fire safety. This includes establishing requirements to protect fire personnel from the hazards encountered while performing firefighting and lifesaving operations. NFPA 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments, outlines an occupational medical program to reduce risks and provide for the health, safety, and effectiveness of fire fighters operating to protect civilian life and property. The purpose of NFPA 1582 is to reduce the likelihood of fire personnel from suffering a preventable line-of-duty death. It provides a baseline health assessment to determine whether or not employees are likely to incur a debilitating injury or medical event in the course of performing their duties as a first responder.
The Fire District administers annual medical exams in order to ensure the health and wellness of personnel. This currently includes a comprehensive lab panel (tuberculosis test, complete blood count, expanded basic blood test, full urine analysis, PSA test, Fecal Occult Screening), 12-lead ECG, basic physical exam, chest x-ray, auditory testing, basic vision, pulmonary function test, and treadmill / ECG.
ANALYSIS:
In order to ensure the continued health and wellness of personnel, the Fire District began exploring options for enhancing and expanding the annual medical exams in the Fall of 2023.
This included options for early cancer detection and enhanced assessments of cardiovascular health. In addition, the Fire District is also expanding the service to our non-safety personnel as an added value for them as a Fire District employee.
Annual medical exams provide a cost-effective investment in work-related disease prevention, early detection, and health promotion for members. They can identify potentially fatal underlying
conditions, allowing personnel the opportunity to seek treatment. Additional benefits include improved employee health behaviors; reduction in elevated health risks; improved productivity; decreased absenteeism; and improved recruitment and retention. There are also cost savings resulting from reduced healthcare costs. As less claims are filed, expected future claims costs will be lower and, subsequently, insurance renewal costs will be lower for the Fire District.
The Fire District identified On Duty Health as a healthcare provider that could provide the expanded medical exams. On Duty Health is an occupational medicine group specializing specifically in first responder health. They serve over 5,200 first responders in 102 agencies across California, Texas, and Missouri. Their healthcare providers, including occupational healthspecialized doctors, physician assistants and nurse practitioners, ultrasound technicians, exercise physiologists and phlebotomists are well trained in concerns specifically relating to the fire industry, including higher incidence of cancer, behavioral health issues, and sleep disruption.
Their healthcare providers are trained in NFPA 1582, IAFF/IAFC Fire Service Joint Labor Management Wellness Fitness Initiative (WFI), and OSHA standards. They use the updated and highly accurate standard of VO2 Max testing with the WFI protocol to obtain the best picture of your cardiovascular health. They also offer additional services such as on-site mental health support, nutrition counseling, physical therapy, respirator fit testing, return to duty and new hire assessments, laboratory services and more.
On Duty Health offers several pricing packages to fit the specific needs of departments. Staff reviewed these packages and determined that the gold package would best meet the intent of the enhanced medical exams due to the options for early cancer detection and enhanced assessments of cardiovascular health. The services provided with the gold package includes:
• Labs & Urinalysis
o Urinalysis, Complete Blood Count, Complete Metabolic Panel, Lipid Panel with LDL/HDL Ratio, A1C, Thyroid Stimulating Hormone, Prostate Specific Antigen, FIT Fecal Occult Screening Kit
• Full Physical
o Comprehensive Physical with Health History & Vitals, Titmus V2 Advanced Vision Testing, Audiometry Testing, Skin Cancer Assessment, Behavioral Health Assessment, Review of Results w/ Personalized Health Plan • Cardiopulmonary Screening & Fitness Assessment
o Cardiopulmonary Exercise Testing (CPET) consisting of 12- lead EKG treadmill/stepmill stress test run to maximal volition utilizing WFI protocol, Blood Pressure readings, and TRUE VO2 Max Testing)
o Pulmonary Function Testing (Spirometry), Metabolic Analysis w/ Body Composition, Muscular Endurance, Strength and Flexibility Evaluation. o Cardiology follow-up interpretation for irregular results, if indicated) • Ultrasound Enhanced Cancer Screening
o Ultrasound imaging carotid arteries, thyroid, liver, pancreas, gall bladder, spleen, kidneys, bladder, pelvic (women), testicular and prostate (men). o Radiology follow-up interpretation for irregular results, if indicated. • Galleri 50+ Multicancer Detection Test
o Used to detect over 50 types of active cancers with very high specificity (99.5%) and very low false positivity (~0.5%)
Staff recommends that the Fire Board approve PSA CO #FD 2024-006 with On Duty Health, PLLC for health and fitness assessments in the amount of $222,210 annually. The term of this
PSA shall be one (1) year with an option to renew for up to two (2), two (2) year extension terms, for a maximum total term of five (5) years.
FISCAL IMPACT:
The annual cost of the contract with On Duty Health, PLLC is $222,210. A total of $218,400 was allocated in the Fire Fund under account F281 CC501 SC2106 (Fire Administration - Contract Services) for current FY 2024-25. Sufficient funding is available within the Fire Fund for the additional expense of the contract.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by enhancing the Fire District’s occupational medical program to reduce risks and provide for the health, safety, and effectiveness of personnel operating to protect civilian life and property.
ATTACHMENTS:
None.
DATE: August 21, 2024
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Augie Barreda, Deputy Fire Chief
Michelle Cowles, Management Analyst II
SUBJECT: Consideration to Approve Contract Number FD 2024-007 with Working Dogs for Warriors in the Amount of $12,000 Annually. (FIRE) RECOMMENDATION:
Staff recommends the Fire Board of the Rancho Cucamonga Fire Protection District (District) approve Contract Number FD 2024-007 between the Rancho Cucamonga Fire Protection District and Working Dogs for Warriors (WDFW) for $12,000 annually, with a total amount of $72,000 over a commitment period of up to six years. The first 12 months of payment will be covered under the WDFW Care Team K9 Program for Suicide Prevention Grant.
BACKGROUND:
The implementation of the Community Outreach and Support Team (COAST) marks a significant step in enhancing the Fire District’s community support services. The WDFW Program is a California 501(c)(3) Nonprofit Organization dedicated to training and providing service dogs for first responders and military veterans. Since its inception in 2016, the organization has been instrumental in supporting the COAST team by providing trained therapy dogs to support mental health and well-being. The contract costs offer financial support to cover the costs of the service dog's initial acquisition, comprehensive training, veterinary care and insurance, and ongoing training and support services.
COAST is a collaborative effort among the Fire District, local law enforcement partners, and the San Bernardino County Department of Behavioral Health. The COAST team will assist community members experiencing mental health crises. COAST’s continued partnership with WDFW will ensure the team’s ability to offer specialty services tailored to the community's needs. The therapy dog will also play a role in public education, fire prevention, and mental health support for our first responders.
ANALYSIS:
WDFW therapy dogs trained to perform specific tasks will be integrated into the COAST program to support the diverse needs of community members. These dogs are carefully selected to assist individuals with physical, emotional, or mental health challenges. Common breeds include Labrador Retrievers, Golden Retrievers, and German Shepherds, though other breeds may also be suitable.
Ongoing support and training for both the dog and handler are essential components of this
program, ensuring the partnership remains effective and beneficial over time.
A WDFW therapy dog will accompany COAST team members during high-stress incidents. This service dog is a key resource in providing emotional support, helping reduce stress levels, and assisting in de-escalating critical situations. The therapy dog will also contribute to community outreach by engaging with the public during educational events and offering additional care for our first responders by aiding in peer support activities.
The successful implementation of the COAST program is highly dependent on its ability to integrate the therapy dog into both emergency response and community engagement efforts.
FISCAL IMPACT:
Maintenance and operational costs for the therapy dog will be managed within the Fire District’s approved budget.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This initiative aligns with the Council’s vision and core values by enhancing community safety and well-being, expanding public safety outreach efforts and promoting a safe and healthy community for all.
ATTACHMENTS:
Attachment 1 – Working Dogs for Warriors Contract Number FD 2024-007
[email protected] WorkingDogsForWarriors.com 11251 Sierra Ave Ste2E-333 Fontana, Ca 92337
California 501(c) (3) Non-Profit Corporation
Contract for WDFW Care Team K9 Program
This Contract (this "Contract") is made effective as of July 1, 2024, by and between Working Dogs for Warriors, Corp., of 11251 Sierra Ave Ste2E-333, Fontana, California 92337, (WDFW), and Rancho Cucamonga Fire Protection District of 10500 Civic Center Dr City Hall, Rancho Cucamonga CA 91730 (Rancho Cucamonga Fire).
1. DESCRIPTION OF SERVICES. Beginning on May 31, 2024, WDFW will provide Rancho Cucamonga Fire the following services described in the attached Working Dogs for Warriors Care Team K9 Training Standards (collectively, the "Services").
2. PAYMENT. Payment shall be made to 11251 Sierra Ave Ste 2E-333, Fontana, California 92337. Rancho Cucamonga Fire agrees to pay in installment payment(s) of $1,000.00 per month, or $12,000 Per Year in one lump sum.
In addition to any other right or remedy provided by law, if Rancho Cucamonga Fire fails to pay for the Services when due, WDFW has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
2.2 Payment Terms first 12 months of installment payments will be covered under the WDFW Care team k9 program for suicide prevention grant. Date begins upon contract execution.
3. TERM. This Contract will be valid for a term of 2 year(s) with the option to renew this agreement automatically two 2 year terms followed by 2 one year terms. This contract is intended to cover the entire working life of the K9, as determined by WDFW Trainers.
4. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
ATTACHMENT 1
CONTRACT # FD 2024-007
[email protected] WorkingDogsForWarriors.com 11251 Sierra Ave Ste2E-333 Fontana, Ca 92337
California 501(c) (3) Non-Profit Corporation
5. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
6. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
7. CONFIDENTIALITY. WDFW, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of WDFW, or divulge, disclose, or communicate in any manner, any information that is proprietary to Rancho Cucamonga Fire. WDFW and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
8. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
9. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
[email protected] WorkingDogsForWarriors.com 11251 Sierra Ave Ste2E-333 Fontana, Ca 92337
California 501(c) (3) Non-Profit Corporation
10. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
11. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
13. APPLICABLE LAW. This Contract shall be governed by the laws of the State of California.
14. INDEMNITY CLAUSE. WDFW shall, at its sole cost and expense, protect, indemnify and hold harmless Rancho Cucamonga Fire, its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those Rancho Cucamonga Fire agents serving as independent contractors in the role of Rancho Cucamonga Fire officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever, including but not limited to fees of attorneys and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of WDFW and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom WDFW shall bear the legal liability) in the performance of this Contract
15.Insurance
15.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors.
[email protected] WorkingDogsForWarriors.com 11251 Sierra Ave Ste2E-333 Fontana, Ca 92337
California 501(c) (3) Non-Profit Corporation
15.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
15.3 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
16. WAIVER OF SUBROGATION.
WDFW and Rancho Cucamonga Fire mutually waive any rights of subrogation against each other for damages covered by insurance. Each party shall obtain from its respective insurance carriers a waiver of any right of subrogation such carriers might have against the other party. This waiver of subrogation shall be effective during the term of this Contract and any renewals thereof.
[email protected] WorkingDogsForWarriors.com 11251 Sierra Ave Ste2E-333 Fontana, Ca 92337
California 501(c) (3) Non-Profit Corporation
16. SIGNATORIES. This Contract shall be signed on behalf of Rancho Cucamonga Fire by _________________ and on behalf of WDFW by Michael Welsh, President and effective as of the date first above written.
Service Recipient:
Rancho Cucamonga Fire
By: s_Af_Recipient_Signer_Name_ Date: d_Af_Recipient_Signer_Date_ Service Provider:
Working Dogs for Warriors, Corp.
By: s_Af_Provider_Signer_Name_ Date: d_Af_Provider_Signer_Date_ Michael Welsh
President
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Michael Parmer, Assistant to the City Manager SUBJECT: Consideration of a Contract with Monet Construction, Inc. in the Amount of $5,957,320.37, plus a 10% Contingency, for the Construction of the Victoria Gardens Civic Plaza and Authorizing an Appropriation of $2,571,753. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the plans and specifications for the construction of the Victoria Gardens Civic Plaza;
2. Accept the bid received for the Project;
3. Award and authorize the execution of a contract in the amount of $5,957,320.37 to Monet Construction, Inc.;
4. Authorize the expenditure of a 10% contingency in the amount of $595,732;
5. Increase the annual compensation limit for Aufbau Corp. to $1,200,000; and
6. Appropriate $2,571,753 to cover the set-aside contingency and any remaining balance necessary to complete construction.
BACKGROUND:
The City finished design work on the Victoria Gardens Civic Plaza Project (Courtyard Project) in October 2023, taking a primarily passive, outdoor space with little shade/seating and redesigning it to encourage greater pedestrian access and use. The improvements will reduce staff time for event set up and take down, improve flow and continuity with the rest of Victoria Gardens, open up new opportunities for rentals, and increase ticket sales at the Lewis Family Playhouse.
Bidding for the Courtyard Project was opened on January 9, 2024 and closed on February 6, 2024. The City Clerk’s office received one (1) construction bid from Golden Sun Enterprises, Inc.; however, as there was only one bid received, City Council rejected all bids at its regular meeting on February 21, 2024, as a reasonableness of the bid price could not be established due to the lack of competitiveness.
Feedback from other plan holders indicated in general the bid documents could be refined and revised to simplify the bid schedules and align with major project components and trades. Staff then contracted with its on-call consultant, Willdan, to conduct a constructability review, review takeoffs, prepare a revised bid schedule, and update the engineering estimate. Following the completion of the constructability review and revised bid schedule, the Courtyard Project was rebid on May 21, 2024 and closed on June 11, 2024. No bids were received.
ANALYSIS:
The Public Contract Code (PCC) generally requires the City to award contracts for public works projects that exceed $200,000 through a competitive bid process to the lowest responsible bidder (PCC Sections 22032(c)). However, California court decisions have determined that the competitive bidding statutes are not to be applied in a way which denies public agencies the authority to deal with problems in a sensible, practical way (e.g. Domar Electric, Inc. v. City of Los Angeles, 9 Cal.4th 161 (1994)) and that where the public interest is better served by dispensing with competitive bidding, such as where the subject of a contract is such that competitive proposals would be unavailing or would not produce an advantage, and the advertisement for competitive bids would thus be undesirable or impractical, or impossible, a public agency may dispense with competitive bidding (e.g. Graydon v. Pasadena Development Agency, 104 Cal.
App.3d 631 (1980)). PCC Section 22038(c) provides that the City may dispense with formal competitive bidding procedures if no bids are received through formal procedures.
Following the unsuccessful second bidding attempt, City Staff reached out directly to two separate construction contractors for a bid: Monet Construction, Inc. and Perera Construction & Design, Inc. While both contractors submitted a bid, Monet Construction, Inc. had a significantly lower cost. After direct negotiations, Monet Construction, Inc.’s final cost was $5,957,320.37.
In July 2023, the City requested a proposal for construction management and inspection services from its on-call consultant Aufbau Corporation (CO 19-140). The total cost of the proposal is a not-to-exceed amount of $533,700 to be billed on actual hours. Staff has determined that Aufbau’s proposal meets the City’s needs and deliverables.
FISCAL IMPACT:
Anticipated construction costs for the Project are estimated to be as follows:
Expenditures Amount
Construction Contract $5,957,320.37
Construction Contract Contingency (10%) $595,732
Construction Inspection Services $533,700
Construction Soils/Material Testing $85,000
Estimated Construction Costs $7,171,752.37
Budget for the project was included in the Fiscal Year 2024/25 Adopted Budget in the amount of $3,514,210. The City also received $1.5 million in American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund from San Bernardino County’s Second District Supervisor Jesse Armendarez. However, the following appropriations are necessary to cover the estimated project costs through fiscal year end. In the event the contingency funds are not used, they will be applied back to Park Development (Fund 119).
Account No. Funding Source Amount
F025/CC001/7000/SC7008
(1025001-5650/2022025-0)
Capital Reserve Fund (025) $2,048,753
F119/CC319/4403/RC4300 Park Improvement (119) $523,000
Total Appropriation Requests: $2,571,753
Staff also recommends the City Council approve Amendment No. 3 to contract No. 19-140 and increase the annual compensation limit to $1,200,000, including the construction management and inspection services for the Courtyard Project ($533,700), and the existing construction management and inspection services that are not part of the Project ($666,300).
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The project supports the City Council’s core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high-quality public improvements.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Bid
Attachment 3 - Amendment No. 3 Aufbau Corp
ATTACHMENT 1
_________________________ Bidder
P-1 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
PR O P O S A L
BID DOCUMENTS TO SUBMIT FOR PROPOSAL
Only the following listed documents, identified in the lower right corner as Bid Forms shall be fully executed and submitted with the Bid at the time of opening of Bids.
Schedule of Unit Cost and Lump Sum Amounts
Bidder Agreement
Bidder Information
Subcontractor
Declaration of Eligibility to Contract
Certificate of Non-Discrimination by Contractors
Non-Collusion Declaration
Bid Bond
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection.
ATTACHMENT 2
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-2 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
TO THE CITY OF RANCHO CUCAMONGA:
The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the Plans, Special Provisions and Specifications, and read the accompanying Instruction to Bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans, Special Provisions and Specifications, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following Proposal.
VICTORIA GARDENS | CIVIC PLAZA
BASE BID
Item
No. Description Qty. Unit Unit Price Price
1. Mobilization and demobilization. 1 LS ______ ______
2. Exterior site demolition and
removal within the project
limit.
1 LS ______ ______
3. Walls and vertical
structures demolition and
removal within the project
limit.
1 LS ______ ______
4. Remove and dispose
existing site furnishings
within the project limit.
1 LS ______ ______
5. Electrical system
demolition and removal
within the project limit.
1 LS ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-3 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
6. Clearing, grubbing and
removal existing
landscaping and irrigation
system within the project
limit.
1 LS ______ ______
7. Construct standard color 4-
inch thick steel reinforced
PCC paving complete per
plan.
925 SF ______ ______
8. Construct integral color 4-
inch thick steel reinforced
PCC paving complete per
plan.
10,850 SF ______ ______
9. Install Deepened
Edge/Footing in Concrete
Pavement
103 LF ______ ______
10. Furnish and install
enhanced concrete pavers
complete per plan.
11,045 SF ______ ______
11. Furnish and install Donor
concrete pavers complete
per plan.
250 SF ______ ______
12. Furnish and install wood
decking complete per plan. 1,110 SF ______ ______
13. Furnish and install
decomposed granite area
complete per plan
including concrete header.
1,165 SF ______ ______
1185
11,830
14,490
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-4 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
14. Furnish and install
decorative gravel area
complete per plan
including concrete header.
100 SF ______ ______
15. Furnish and install trash
receptacle. 6 EA ______ ______
16. Furnish and install
recycled receptacle. 6 EA ______ ______
17. Furnish and install dining
table. 15 EA ______ ______
18. Furnish and install dining
chair. 60 EA ______ ______
19. Furnish and install lounge
chair. 4 EA ______ ______
20. Furnish and install 6-ft long
bench. 3 EA ______ ______
21. Furnish and install
overhead shade fabric
structure complete
assembly.
1,800 SF ______ ______
22. Furnish and install
decorative precast
concrete planter/pot
complete per plan
including planter mix,
gravel sump, drain pipe,
etc.
11 EA ______ ______
6
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-5 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
23. Furnish and install 48-inch
box size tree complete per
plan including root barrier
as required, soil
preparation and fertilizers.
3 EA ______ ______
24. Furnish and install 36-inch
box size tree complete per
plan including root barrier
as required, soil
preparation and fertilizers.
17 EA ______ ______
25. Furnish and install 25-ft
BTH date palm complete
per plan including drainage
system, soil preparation
and fertilizers.
4 EA ______ ______
26. Furnish and install 15-
gallon shrub complete per
plan including soil
preparation and fertilizers.
153 EA ______ ______
27. Furnish and install 5-gallon
shrub complete per plan
including soil preparation
and fertilizers.
767 EA ______ ______
28. Furnish and install 1-gallon
shrub complete per plan
including soil preparation
and fertilizers.
592 EA ______ ______
29. Furnish and install 6-inch
pot shrub complete per
plan including soil
preparation and fertilizers.
14 EA ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-6 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
30. Furnish and install 4-inch
thick wood chip mulch as
top-dress per City of
Rancho Cucamonga Std.
Plan 506.
75 CY ______ ______
31. Furnish and install 2-inch
irrigation mainline
complete per plan.
415 LF ______ ______
32. Furnish and install 2-1/2-
inch irrigation mainline
complete per plan.
22 EA ______ ______
33. Furnish and install 1-inch
remote control valve Drip
Zone Kit complete per plan
including valve box and
control wires connecting to
irrigation controller.
10 EA ______ ______
34. Furnish and install 1-inch
brass remote control valve
complete per plan
including valve box and
control wires connecting to
irrigation controller.
4 EA ______ ______
35. Furnish and install brass
shut-off gate valve
complete per plan
including valve box, size
per plan.
5 EA ______ ______
36. Furnish and install quick
coupler valve assembly
complete per plan
including valve box.
5 EA ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-7 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
37. Furnish and install RWS
assembly for tree irrigation
complete per plan
including serving lateral
line and connection to
remote control valve.
52 EA ______ ______
38. Furnish and install pop-up
spray sprinkler assembly
for palm irrigation complete
per plan including serving
lateral line and connection
to remote control valve.
16 EA ______ ______
39. Furnish and install microspray on flex riser
assembly, complete per
plan including serving
lateral line and connection
to remote control valve.
611 EA ______ ______
40. Furnish and install Sch 40
PVC pipe sleeving
complete per plan, size per
plan.
948 LF ______ ______
41. Perform 90 calendar days
landscape maintenance
period.
1 LS ______ ______
42. Furnish and electrical
system complete per plan
and specifications.
1 LS ______ ______
43. Deepened Footing at
Raised Stage 1 LS ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-8 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
44. Deepened Footing at
Existing Retaining Wall 1 LS ______ ______
45. Structural Slab 1 LS ______ ______
46. Interior Gypsum Board 1 LS ______ ______
47. Insulation 1 LS ______ ______
48. Wood Framing 1 LS ______ ______
49. Plywood Wall/Ceiling
Sheathing 1 LS ______ ______
50. Building Wrap 1 LS ______ ______
51. Building Paper 1 LS ______ ______
52. Wood Siding 1 LS ______ ______
53. PVC Roofing 1 LS ______ ______
54. Parapet Waterproofing 1 LS ______ ______
55. Metal Trim 1 LS ______ ______
56. Precast Base 1 LS ______ ______
57. Walls and Structures,
concrete 1 LS ______ ______
58. Walls and Structures,
Miscellaneous Metalwork 1 LS ______ ______
59. Walls and Structures,
Carpentry and
Woodworking
1 LS ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-9 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
60. Walls and Structures,
Retaining Wall with Stucco
Finish
1 LS ______ ______
61. Existing Storage Building
Enhancements
1 LS ______ ______
62. Shade structure overhead
(non-canvas structure) at
the rotunda
1 LS ______ ______
63. Paint (exterior finishes),
remove existing books and
repair stucco wall, and
signage improvements
1 LS ______ ______
64. 4 Diameter Atrium Drain,
NDS #78 or Equal 3 EA ______ ______
65. 6 Diameter Atrium Drain,
NDS #90 or Equal 66 EA ______ ______
66. 6 Square Satin Brass
Deck Drain, NDS #920B or
Equal
3 EA ______ ______
67. 12 Brooks Catch Basin 3 EA ______ ______
68. 8 NDS Pro Series #830
Channel Drain with #838
Grate, or Equal
175 LF ______ ______
69. Install 4 SDR 35 PVC
Area Drain Pipe, Including
Required PVC Fittings
575 LF ______ ______
57 17
621
at Overhead Plaza, Type text here Overhead Stage and at the rotunda
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-10 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
70. Install 6 SDR 35 PVC
Area Drain Pipe, Including
Required PVC Fittings
241 LF ______ ______
71. Install 8 SDR 35 PVC
Area Drain Pipe, Including
Required PVC Fittings
95 LF ______ ______
72. Install 10 SDR 35 PVC
Area Drain Pipe, Including
Required PVC Fittings
6 LF ______ ______
73. Install 4 Sch 40
Perforated Sub Drain
Encased In 1 Cubic Foot of
¾ Crushed Rock
Wrapped With Geofabric
(MIRIFI 140N Or Equiv.)
605 LF ______ ______
74. Sawcut and Remove
Existing Pipe 36 EA ______ ______
75. Penetrate Wall / Footing
Per Structural Details 9 EA ______ ______
76. Install Torrent Maxwell
Type IV Drywell System 4 EA ______ ______
77. Contractor To Core
Drywell System For PVC
Connection and Join
6 EA ______ ______
78. Install Nyloplast 36 Drain
Basin Manhole 3 EA ______ ______
79. Adjust Manholes, Vaults,
and Valves to Grade 1 LS ______ ______
402
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-11 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
TOTAL BASE BID AMOUNT IN NUMBERS: ________________________________________
BID ALTERNATIVE SCHEDULE A
(STEPS AT PARKING GARAGE)
Item
No. Description Qty. Unit Unit Price Price
1. Site demolition, removal
and disposal complete per
plan.
1 LS ______ ______
2. Construct integral color 4-
inch thick steel reinforced
PCC paving complete per
plan.
657 SF ______ ______
3. Construct poured-in-place
concrete steps with mosaic
tiles.
139 LF ______ ______
4. Construct CMU retaining
wall with stucco finish
complete per plan.
20 LF ______ ______
5. Furnish and install
decorative handrail at
steps and ramp.
1 LS ______ ______
6. Furnish and install 15-
gallon shrub complete per
plan including soil
preparation and fertilizers.
8 EA ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-12 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Item
No. Description Qty. Unit Unit Price Price
7. Furnish and install 5-gallon
shrub complete per plan
including soil preparation
and fertilizers.
9 EA ______ ______
8. Furnish and install 4-inch
thick wood chip mulch as
top-dress per City of
Rancho Cucamonga Std.
Plan 506.
3 CY ______ ______
9. Furnish and install 1-gallon
shrub complete per plan
including soil preparation
and fertilizers.
30 EA ______ ______
10. Furnish and install 2-inch
irrigation mainline
complete per plan.
43 LF ______ ______
11. Furnish and install microspray on flex riser
assembly, complete per
plan including serving
lateral line and connection
to remote control valve.
23 EA ______ ______
12. Furnish and install Sch 40
PVC pipe sleeving
complete per plan, size per
plan.
61 LF ______ ______
13. Furnish and install RWS
assembly for tree irrigation
complete per plan
including serving lateral
line and connection to
remote control valve.
2 EA ______ ______
P R O P O S A L
SCHEDULE OF COST AND LUMP SUM AMOUNTS " VICTORIA GARDENS CIVIC PLAZA " _________________________ Bidder
P-13 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
TOTAL BID ALTERNATIVE SCHEDULE A (STEPS AT PARKING GARAGE) AMOUNT IN NUMBERS: __________________________________________________________________
BID ALTERNATIVE SCHEDULE B
(BREEZEWAY)
Item
No. Description Qty. Unit Unit Price Price
1. Site demolition, removal
and disposal complete per
plan.
1 LS ______ ______
2. Construct Breezeway
complete per plans and
specifications.
1 LS ______ ______
TOTAL BID ALTERNATIVE SCHEDULE B (BREEZEWAY)AMOUNT IN NUMBERS: _______ ____________________________________________________________________________ TOTAL BASE BID + BID ALTERNATIVE SCHEDULE A AMOUNT IN NUMBERS: _________ ____________________________________________________________________________ TOTAL BASE BID + BID ALTERNATIVE SCHEDULE A + BID ALTERNATIVE SCHEDULE B AMOUNT IN NUMBERS: _______________________________________________________ ____________________________________________________________________________
_________________________ Bidder
P-14 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
BIDDER AGREEMENT
The undersigned also agrees as follows:
FIRST: Within 15 calendar days from the receipt of the Notice of Award of Contract, to execute the contract, and to furnish to the City of Rancho Cucamonga, two (2) satisfactory bonds in the amounts specified in the Notice Inviting Bids guaranteeing the faithful performance of the work and payment of bills.
SECOND: To begin work within ten (10) calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manner as to complete it within two hundred forty (240) working days after such specified date.
Accompanying this proposal is cash, a cashier's check, or a certified check of a bidder's bond for not less than 10% of the total amount of the bid payable to the City which is to be forfeited, as liquidated damages, if, in the event the contractor does not execute the contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash, cashiers' check, certified check, or bidders' bond is to be returned to the undersigned.
Within 15 calendar days after award of the contract, the City of Rancho Cucamonga will return the bidder's bond accompanying such proposal not considered in making the award. All other bidders' bonds will be held until the expiration of sixty (60) days from the date of the award of contract. They will then be returned to the respective bidders whose proposals they accompany.
BIDDER:
IMPORTANT NOTICE: If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; co-partnership, state true name of firm and names of all individual copartners composing firm; or an individual, state first and last names in full.
"I declare under penalty of perjury of the laws of the State of California the representations made herein are true and correct in accordance with the requirements of California Business and Professions Code Section 7028.15."
___________________________________________________________________ California State Contractors License Number Expiration Date
_________________________ Bidder
P-15 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
Bidder Agreement (continued) ___________________________ ____________________________ _______________ Signature Name/Title Date ___________________________ ____________________________ _______________ Signature Name/Title Date ___________________________ ____________________________ _______________ Signature Name/Title Date ___________________________ ____________________________ _______________ Signature Name/Title Date Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City of Rancho Cucamonga prior to or at time of bid opening; otherwise the bid will be subject to rejection by the City of Rancho Cucamonga.
_________________________ Bidder
P-16 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
BIDDER INFORMATION
The bidder shall furnish the following information. Additional sheets may be attached if necessary.
Name of Firm:
Type of Firm: Corporation Individual Partnership
Business Mailing Address:
Place of Business:
Telephone No.:
Contractor's License: State: License No.:
Public Works DIR No.:
Names and titles of all
members of the firm:
Number of years as a contractor in construction work of this type:
Three projects of this type recently completed:
Contract Amount Type of Project
Date
Completed
Owner's Name &
Address
Person who inspected site of the proposed work for your firm:
Name:
Inspection
Date:
NOTE: If requested by the City, the Bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial condition.
_________________________ Bidder
P-17 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
SUBCONTRACTORS
In compliance with Section 2-3 of the Standard Specifications and the Provisions of the Public Contract Code Section 4100, the undersigned bidder herewith sets forth the name, location of the place of business and California Contractors License Number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of onehalf of one percent (1/2%) of the general contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of onehalf of one percent (1/2%) of the general contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater and the portion of the work which will be done by each subcontractor as follows:
Subcontractor's
Name
Business
Address
License
No
DIR
No.
Description of
Work
Percent (%)
of Total Bid
Total % of the work to be performed by Subcontractors listed above: % Effective July 1, 2014, the bidder shall provide the California Contractor License Number of each subcontractor listed. New Section 4104 contains the following language:
An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractors license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractors license number corresponds to the submitted name and location for that subcontractor.
_________________________ Bidder
P-18 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
DECLARATION OF ELIGIBILITY TO CONTRACT
(Labor Code Section 1777.1; Public Contract Code Section 6109) The undersigned contractor, certifies and declares that:
1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law.
3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
(a) A public entity, as defined in Section 1100 (of the Public Contract Code), may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law.
The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at (place of execution), California.
__________________________________ Signature
Name: ____________________________
Title: ______________________________
Company: __________________________
_________________________ Bidder
P-19 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
As suppliers of goods or services to the City of Rancho Cucamonga, the firm listed below certifies that it does not discriminate in its employment with regard to age, disability, race, color, religion, sex, sexual orientation or national origin, that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
We agree specifically:
1.To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2.To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3.To take affirmative steps to hire minority employees within the firm.
FIRM:
TITLE OF PERSON SIGNING:
SIGNATURE:
DATE:
Please include any additional information available regarding equal opportunity employment programs now in effect within your firm.
_________________________ Bidder
P-20 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
NON-COLLUSION DECLARATION
The undersigned declares:
I am the of , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on (date), at (city), (state).
Signature
_________________________ Bidder
P-21 of 21
VICTORIA GARDENS CIVIC PLAZA
PROJECT NO. 800-2023-20
Required Bid Proposal Forms
BID BOND
KNOW ALL MEN BY THESE PRESENT: THAT ,
as Principals, and , as Surety, are held and firmly bound unto THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, hereinafter called the City, in the sum of
dollars (not less than ten percent of the total amount of the bid), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform all work required under the Contract Documents entitled:
"VICTORIA GARDENS CIVIC PLAZA"
NOW, THEREFORE, if said Principal is awarded a contract by said City and, within the time and in the manner required under the headings "Instruction to Bidders" and "Schedule of Unit Cost and Lump Sum Amounts" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and judgment is recovered, said surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this day of , 20 .
(Seal) (Seal)
Business Name of Bidder (Principal) Business Name of Surety By: ________________________________ By: ____________________________ (Signature) (Signature)
Title: ______________________________ Title: ____________________________ Individual Partnership Corporation
Other, explain
AMENDMENT NO. 3
to
Professional Services Agreement (CO #2019-140)
between
Aufbau Corporation (hereinafter “Consultant”)
and
City of Rancho Cucamonga (hereinafter the “City”)
This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 2019-140, to incorporate the following:
Section 3.1 Compensation.
City shall compensate Consultant as set forth in Exhibit A-3, provided, however, that full, total and complete amount payable to Consultant shall not exceed $1,200,000.
All other Terms and Conditions of the original Agreement CO#2019-140, will remain in full effect.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than 9/6/2024. The City will process both copies for signature and provide Consultant with one (1) fully executed copy of the Amendment.
Aufbau Corporation City of Rancho Cucamonga
By: ______________________________ By: _________________________________ Name Date Name Date
______________________________
Title
_________________________________
Title
By: ______________________________ By: _________________________________ Name Date Name Date
______________________________
Title
_________________________________
Title
(two signatures required if corporation)
Last Revised: 11/27/2018 Page 1 of 1
ATTACHMENT Page 528 3
Aufbau Corp.
Consulting Engineers · Civil & Structural Engineering · Construction Management · Project Management · Plan Review Services August 7 , 2024
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Attention: Mr. Michael Parmer
Subject: Fee Proposal – Victoria Gardens Civic Plaza
Construction Management Support Services
Dear Mr. Parmer,
Per your request, we have prepared this proposal letter in connection with the Victoria Gardens Civic Plaza project. Please see the attached spreadsheet for our anticipated scope of services and the associated fees.
It is our understanding that two hundred and forty (240) working days have been assigned for the construction duration of the project. Our fee proposal provides for full-time services during the above construction period and includes additional anticipated services during the pre-construction and post construction phases of the project.
Please note that our proposal sets a not-to-exceed fee corresponding to the anticipated duration of the project – our billings will reflect the actual hours provided for serving the project.
Thank you for the opportunity provided to be of service. We are excited about the potential to collaborate with you on this project.
Please let me know, should you have any questions or comments.
Sincerely,
Vartan Vartanians,
Director of Engineering – Aufbau Corporation
Attachment: Spreadsheet - Scope of Services/ Fee
639 West Broadway, Glendale, CA 91204
Tel: (818) 240-3655
www.aufbau.com Page 529
Fee Proposal - August 7, 2024
Victoria Gardens Civic Plaza
City of Rancho Cucamonga, CA
Aufbau Corp.
Aufbau Hours Aufbau Hourly Rates/ Fees
Construction
Manager Construction Fee
Manager
Principal
$200.00
Principal
$185.00
Task Task Description
1 2
3 Pre-Construction Phase Services
Construction Phase Services (Anticipated 240 Working Days - 1,920 Regular Working Hours) Project Closeout Services
32 560
60 60
1920
200
$6,400.00
$112,000.00 $355,200.00
$12,000.00 $37,000.00
$11,100.00 $17,500.00
$467,200.00
$49,000.00
Subtotals
Total
652 2,180 $130,400.00 $403,300.00
$533,700.00
$533,700.00
Task 1 - Scope of Services; Pre-Construction Phase
i. Attend Meetings
ii. Review construction contract, construction drawings and specifications v. Review construction contractor's detailed project phasing, construction scheduling, and construction requirements and advise the City regarding same.
Task 2 - Scope of Services; Construction Phase
i. Provide day-to day interface with City staff and the construction contractor. ii. Review Contractor's Baseline Schedule or alternatively Critical Path Method (CPM) Schedule. For CPM Schedule - Review Activity Floats, Project Floats, and Acitivity/ Project Slacks. Monitor and iii. Provide daily reports of the construction contractor's activities on City's Virtual Project Manager - a cloud-based project management platform. iv. Conduct/ schedule inspections as necessary to facilitate the progress and completion of work. v. Advise the City upon any special construction concerns that may delay the construction contractor from carrying out the work within schedule. vi. Throughout construction, verify work in progress and work not commenced. Notify the City of the cost and schedule impacts of the substantive change order requests. vii. Review all change order requests for necessity, accuracy and cost. Notify the City of the cost and schedule impacts of the substantive change order requests. viii. Evaluate compliance by testing and inspection agencies with the required scope, standards, procedures and frequency. ix. Review inspection and test reports and notify the City of observed deficiencies in the work. x. Make final reviews and reports on the acceptability of the completed work. xi. Review and process contractors progress payment applications. xii. Develop "punch-list" for incomplete, unsatisfactory, and non-coforming work. xiii. Participate in remediation of conflict resolution, should conflict arise between the City and the construction contractor.
Task 3 - Scope of Services, Project Closeout Phase
i. Final Inspection to verify final completion of the work for the project. ii. Monitor status of retainage and recommend to the City the release thereof when applicable. iii. Monitor the receipt and transmittal of manuals, warranties, affidavits, receipts, releases and waivers of lien and claims or bonds indemnifying the City against claims.
DATE: August 21, 2024
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Ty Harris, Deputy Fire Chief
Darci Vogel, Fire Business Manager
SUBJECT: Consideration of Amendment No. 001 to the Professional Services Agreement with Mary McGrath Architects for Conceptual Design Services in the Amount of $139,519 and Authorization to Appropriate $128,520. (FIRE)
RECOMMENDATION:
Staff recommends that the Fire Board:
1. Approve amendment No. 001 to the Professional Services Agreement, CO# FD 2022-006, with Mary McGrath Architects in the amount of $139,519 for Conceptual Design Services for ADA accessibility improvements at Fire Station 173, 174, and 175; and
2. Authorize an appropriation of $128,520 to the Fire Capital Fund (Fund 288).
BACKGROUND:
On April 20, 2022, the Fire District and Mary McGrath Architects (MMA) entered into a Professional Services Agreement (PSA), CO# FD 2022-006, for Conceptual Design Build services for the rebuild of Fire Station 171, ADA accessibility improvements at Fire Stations 173 and 174, and the addition of an urban park in front of Fire Station 173. On July 20,2022, the Fire District and MMA also entered into CO# FD 2022-010 for ADA accessibility improvements at Fire Station 175. The projects were to be completed utilizing a design-build process in order to streamline the design and construction process, as well as allow for greater flexibility in awarding a contract, higher quality work, and greater cost certainty with fewer change orders and delays.
In order to expedite the ADA accessibility improvements at Fire Station 173, 174, and 175, the Fire District has determined the need to shift from a design-build process to a design-bid-build process. The rebuild of Fire Station 171 will continue under the design-build process.
MMA has prepared the design-build bridging documents for the ADA accessibility improvements.
In order to proceed with the design-bid-build process, the bridging documents will be the basis for the development of the construction documents. The specifications will be revised to be specific to the design-bid-build process, drawings will be submitted to the building department, bid documents will be prepared, and project support will be provided through construction and project close out.
ANALYSIS:
MMA has provided a proposal to complete the construction documents for the ADA accessibility improvements at Fire Station 173, 174 and 175. The scope of work includes:
1. Construction Documents.
• MMA will produce the complete construction plans and prepare a construction cost estimate to determine the expected cost of the project.
2. Bidding
• MMA will assist the Fire District in preparing the documents for bid, respond to questions during bidding, prepare written clarifications and addenda, and issue any addenda to the potential bidders.
3. Construction Administration and Close‐out
• MMA will provide project support through close‐out, including participating in weekly construction meetings, responding to Requests for Information, submittal review, substitution review, review of change order requests, and site visits to review the rough‐in phases and perform a final punch list.
Staff recommends that the Fire Board approve amendment No. 001 to CO# FD 2022-006 with Mary McGrath Architects to incorporate the following:
1. The parties will exercise the option to renew and extend Section 2, Term of Agreement, from through April 22, 2027.
2. The parties will modify the scope of services for Fire Stations 173 and 174 restroom improvements by changing the process from a design-build to a design-bid process and expanding the scope to include Fire Station 175 restroom improvement.
3. The parties will amend Section 3.1, Compensation, and increase the total not-to-exceed amount from $456,956 to a total not-to-exceed amount of $585,457.
The new compensation amount includes a credit of $11,018 for the remaining tasks from the original design-build process, specifically design-build team selection and document review. All other Terms and Conditions of the original agreement will remain in full effect.
FISCAL IMPACT:
The total cost of the amendment is $128,501. An appropriation in the following accounts is needed for the amendment:
Account No. Funding
Source
Description Amount
F288 CC501 SC7004
PROJ-000074
Fire Protection
Capital Fund
FS 173 – ADA Improvements /
Design & Enviro. Review
$42,840.00
F288 CC501 SC7004
PROJ-000072
Fire Protection
Capital Fund
FS 174 – ADA Improvements /
Design & Enviro. Review
$42,840.00
F288 CC501 SC7004
PROJ-000088
Fire Protection
Capital Fund
FS 175 – ADA Improvements /
Design & Enviro. Review
$42,840.00
TOTAL: $128,520.00
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item brings together portions of the Council’s vision and core value by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high-quality public improvements.
ATTACHMENTS:
Attachment 1 - Scope of Work
March 4, 2024
Darci Vogel
Business Manager
Rancho Cucamonga Fire District
10500 Civic Center Dr.
Rancho Cucamonga, CA 91729
Via E‐mail: [email protected]
RE: Fire Station 173, 174 and 175 Construction Documents through CA Dear Darci;
It is our pleasure to submit the attached scope of work and fee proposal to complete the construction documents for Fire Station 173, 174 and 175 Restroom Improvements. The bridging documents will be the starting point. We will submit the drawings to the building department, prepare the bid documents and support the project through construction and close out. The specifications will be revised to be specific to this project.
It is assumed that all three fire station projects will be issued as a single bid package and will be built concurrently. It is assumed that a construction management team will manage the contractor during the construction phase and MMA will provide construction observation and support during that phase of the project. Finally, the team will prepare a final punch list and review close out documents.
Please see the fee breakdown detail with the scope of work attached. The total proposed fee is $139,519. I have asked for a breakdown of the fee remaining from the team for the BD Team selection and document review for these projects and will have those numbers to you in the next week.
We understand that time is of the essence on these projects and look forward to continuing our good working relationship with the City of Rancho Cucamonga and RC Fire Protection District. Thank you for the opportunity!
Very sincerely,
Mary C. McGrath, AIA
Principal
Mary McGrath Architects
[email protected]
License No. C24435
1 City of Rancho Cucamonga and Rancho Cucamonga Fire District Construction Documents Bidding and Construction Support for Fire Stations 173, 174 and 175
PROJECT DESCRIPTION
The project design team has prepared bridging documents for privatization of the restroom/shower rooms at Fire Station 173, 174 and 175. In addition, the bridging documents identified flooring improvements at the Fire station 174 kitchen. This was for the intent of a design/build procurement process. It has been determined that it would be best to pursue these three projects under the design/bid build/process to expedite the delivery of these improvements. The project includes demolition of existing building elements and modifications to provide private restroom and showers. The new facilities will include upgraded private accessible restrooms conforming to the current codes.
BUILDING IMPROVEMENTS
The design development scope of work for the restroom reconfigurations has been completed. The reconfigurations are contained to the restroom cores except at Fire Station 174 which is receiving a new floor in the kitchen. New mechanical, plumbing, electrical and data systems are anticipated to be provided at the restroom areas of work.
ADA upgrades are required in the areas of work. Minor structural alterations may occur at new wall locations. We assume that Westnet will provide the design for the installation of the alerting systems at the area of improvements and their work will be incorporated into the Contractor’s contract.
OFF‐SITE IMPROVEMENTS
There are no off‐site improvements or utility upgrades anticipated.
SCOPE OF WORK
Task 1: Construction Documents
Approach
The approved bridging documents will be the basis for the development of the construction documents. MMA’s architectural staff and the project consultant team will use the information developed in those documents and discussions to produce the complete construction plans. This task will occur in two phases. The first task is the completion of 95% documents. We will submit this substantially complete set for plan check by the City. It is anticipated that this set will be complete except for response to plan check questions. While the project is in plan check we will prepare a construction cost estimate to determine the expected cost of the project. Finally, the 100% documents will reflect all plan check comments and be permit ready. This will be the bid set.
Deliverables
95% construction documents for submittal to building department:
‒ Dimensioned layout of final plans, sections, and elevations. ‒ Door schedules.
‒ Interior improvement detailing.
‒ Interior finish schedule.
Interior design includes selection of interior materials and colors.
2 Design of all effected engineered systems including:
‒ Structural design (limited scope).
‒ Mechanical design.
‒ Plumbing layout, design, and fixture schedule.
‒ Electrical layout, design, and fixture schedule.
‒ Data layout (as necessary)
‒ Coordination with Westnet Fire alerting system layout. Submittal of documents to the City Building Department and respond to plan check comments. Plan‐check Response Listing.
One Estimate of Probably Cost based on 95% CD Set.
Complete product specifications. (Update and revised the existing DB specifications to only include the renovation scope of work))
Complete equipment and material cut sheets.
Title 24 energy documentation. (Only as necessary for the renovation) Review Draft Division 0 documents prepared by the City or City Representative. Coordinate with Division 1 documents prepared by MMA.
100% Design Documents (bid documents).
Meetings
One site visit prior to design to verify the existing conditions of each fire station. One meeting to review progress set with client (virtual).
Task 2: Bidding
Approach
Our team will assist the City in preparing the documents for bid. The documents will be advertised and submitted to plan rooms for bidding by the City or City Representative. There will be a pre‐bid conference which the City or City Representative will organize and lead. We will respond to questions during bidding, prepare written clarifications and addenda. We will issue any addenda to the potential bidders.
Deliverables
Written response to questions.
Preparation and issuance of addenda.
Meetings
None Anticipated
Task 3: Construction Observation and Close‐Out
Approach
We anticipate a four‐month construction period per project from kick‐off meeting including close‐out. We will attend the pre‐construction meeting and provide a substantial complete walk‐through for each project. We will participate in weekly construction meetings (virtually) and provide support to the field through our response to Requests for Information, submittal review, substitution review and change order requests. The mechanical and electrical subconsultants will attend one construction meeting to review the rough‐in phases of their work and a second visit to perform a final punch list. We assume all the projects will proceed simultaneously and will be ready for rough in observation and final punch list review at the same time.
3 Meetings and Deliverables
Attend pre‐construction meeting.
Attend weekly construction meetings (virtually).
Review and respond to RFI’s.
Coordination of construction progress review by MEP consultants. (Two site visits anticipated.) Submittal/shop drawing processing and review.
Clarifications/field questions processing and response. Final walk‐through to determine substantial completion and to prepare punch list. Final walk‐through punch list.
Work Scope Qualifications and Exclusions
Products and services to be provided by the City:
1. Contract coordination with Westnet
Work that is not included in the Contract Work Scope above but is available upon request:
1. Performance criteria for design/build commercial sprinkler system.
2. Structural upgrades beyond those required for gender privacy modifications.
3. Clerk of the Work and Construction Management.
4. Hearings, submittals, or negotiations with the City of Rancho Cucamonga Planning Department. (We anticipate that Planning Review is not necessary.)
5. Specialized energy analysis of the facility design,
6. LEED certification documentation preparation.
Total Fee:
Task 1 Construction Documents $85,618
Task 2 Bidding $8,153
Task 3 Construction Administration and Close‐out $40,383 Total Professional Services Fee‐ Fixed Fee Contract: $134,153 Suggested Budget for Reimbursable Expenses: $5,366
Total Fee: $139,519
Reimbursable expenses would include travel expenses, printing, report publishing and professional rendering costs. It does not including the printing of internal check sets. All expenses will be billed at cost plus 10%.
DATE: August 21, 2024
TO: Mayor and Members of City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Zack Neighbors, Director of Building and Safety Services SUBJECT: Consideration of Approval of Amendment No. 2 to Contract 23-118 with BPR Consulting Group, Contract 23-121 with Interwest Consulting Group, and Contract 23-119 with Willdan for Plan Checks and Inspection Services and to Approve Additional Appropriations in the Amount of $73,000. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 2 to Contract 23-118 with BPR Consulting Group, Contract 23-119 with Willdan, and Contract 23-121 with Interwest Consulting Group, for plan checks and inspections services. BPR, Interwest, and Willdan have been providing contract plan check services on many large and unique construction projects within the city, as well as augmenting the Plan Check Staff during their recent recruitments to fill vacancies.
Staff is recommending the Approval of Additional Appropriations in the amount of $73,000 and amending the existing contracts 23-118, 23-121, and 23-119 to not exceed $83,333 per year and $1,000,000 total for all contracts combined for the life of the contracts.
BACKGROUND:
BPR Consulting Group, Interwest Consulting Group, and Willdan have been providing contract plan check services on many large and unique construction projects for the Building and Safety Services Department during the past year. Due to a continued robust economy and the need to send plan review to outside consults or to augment the plan check staffing while conduct recruitments to fill vacancies, these firms are required to maintain a high level of customer service and accommodate the needs of the development community to obtain timely approvals for building plan checks and inspections.
ANALYSIS:
The present contracts were initiated July 1, 2023, with a not to exceed of $50,000 per year. Each contract is for 3 years with the option for 3, 12- month extensions and are to not exceed $300,000 for each contract and not to exceed $900,000 in total for all contracts combined. The approval of additional appropriations in the amount of $73,000, augmented with salary savings, would amend the not to exceed for all 3 contracts to $83,333 per year and the total of all 3 contracts from $900,000 to $1,000,000.
FISCAL IMPACT:
The fiscal impact is as follows: Account number 1001302-5300 (Contract Services) for Fiscal Year 2024/2025 funded by additional plan check revenue and authorize the Building and Safety Services Director to execute the amendment accordingly.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item supports the City Council's core values of intentionally embracing and anticipating the future.
ATTACHMENTS:
Attachment 1 - Amendment No. 2 Contract 23-118
Attachment 2 - Amendment No. 2 Contract 23-119
Attachment 3 - Amendment No. 2 Contract 23-121
Last Revised: 11/27/2018 Page 1 of 1
AMENDMENT NO. 2
to
Professional Services Agreement (CO #2023-118)
between
(hereinafter “Contractor”)
and
City of Rancho Cucamonga (hereinafter the “City”)
This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 2023-118, to incorporate the following:
Section 3 (Compensation) Consultant shall not exceed $83,333.00.
All other Terms and Conditions of the original Agreement CO#2023-118, will remain in full effect.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return one (1) original signed copy to the City. The City will process copies for signature and provide contractor with one (1) fully executed copy of the Amendment.
BPR Consulting Group
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By: _________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
By: _________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
ATTACHMENT 1
Last Revised: 11/27/2018 Page 1 of 1
AMENDMENT NO. 2
to
Professional Services Agreement (CO #2023-119)
between
(hereinafter “Contractor”)
and
City of Rancho Cucamonga (hereinafter the “City”)
This Amendment No. 2 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 2023-119, to incorporate the following:
Section 3 (Compensation) Consultant shall not exceed $83,333.
All other Terms and Conditions of the original Agreement CO#2023-119, will remain in full effect.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return one (1) original signed copy. The City will process copies for signature and provide contractor with one (1) fully executed copy of the Amendment.
Willdan
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By: _________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
By: _________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
ATTACHMENT 2
Last Revised: 11/27/2018 Page 1 of 1
AMENDMENT NO. 2
to
Professional Services Agreement (CO #2023-121)
between
(hereinafter “Contractor”)
and
City of Rancho Cucamonga (hereinafter the “City”)
This Amendment No. 2` will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 2023-121, to incorporate the following:
Section 3 (Compensation) Consultant shall not exceed $83,333.00 All other Terms and Conditions of the original Agreement CO#2023-121 , will remain in full effect.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return one (1) original signed copy to the City. The City will process copies for signature and provide with one (1) fully executed copy of the Amendment.
Interwest Consulting Group
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By: _________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
By: _________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
ATTACHMENT 3
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services - Utilities Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 06 to the Agreement with International Line Builders, Inc. (CO19-086) in the Amount of $1,198,800, Plus a 10% Contingency and an Appropriation of Funds in the Amount of $1,231,180 from the Fiber Optic Network (Fund 711) and $87,500 from the Municipal Utility Fund (Fund 705) for the Arrow Route Distribution Line Extension Project. (CITY) RECOMMENDATION:
Staff recommends the City Council:
1. Approve the plans and specifications for the Arrow Route Distribution Line Extension (Project) on file with the City Engineer;
2. Award and authorize the execution of an amendment to the existing agreement with International Line Builders, Inc. (CO19-086), the lowest responsive bidder for the Project, in the amount of $1,198,800;
3. Authorize the expenditure of a 10% contingency in the amount of $119,880;
4. Authorize appropriations in the amount of $1,231,180 to account number F711CC304SC7009PID-2171-711 (Capital Projects-Arrow Rte Distribution Line Ext) from the Fiber Optic Network Fund (Fund 711) and $87,500 to account number F705CC304SC7009PID-2171-705 (Capital Projects-Arrow Rte Distribution Line Ext) from the Municipal Utility Fund (Fund 705); and
5. Authorize the inclusion of additional revenue in the amount of $1,119,250 into account number F711CC000RC9000 (Fund 711 – Reimbursement from Applicant) into the current fiscal year budget.
BACKGROUND:
In 2014, the initial Rancho Cucamonga Municipal Utility (RCMU) Arrow Route Distribution Line Extension project was built and constructed and included the installation of 2–5-inch conduits, substructures, and related work including underground cabling, splices, switches, terminators, grounding, testing, and energizing for a complete 12 kilovolt (kV) underground electric system.
While the existing system has served RCMU’s electric needs for the last ten years, the approval of the Fiber Optic Master Plan in 2017 and the redevelopment of the industrial parcels in the Southeastern portion of the City has necessitated that additional underground infrastructure be installed.
Currently along Arrow Route from Rochester Avenue to Etiwanda Avenue, the other spare 5-inch
electrical conduit, which was previously empty and originally built as a redundant path is currently being occupied for fiber optic municipal broadband services to serve the Bridgepoint development as part of a development agreement. This spare 5-inch conduit will now need to be utilized for a new second 12 kV feeder electrical circuit to service additional load from cold storage refrigeration at the development.
The developer of the Project and the current tenant (Applicants) at 12434 4th Street have agreed to pay for the construction re-route of a new fiber optic conduit path along Arrow Route from an existing fiber interconnection on the southeast corner of Arrow Route and Rochester Ave and the southeast corner of Arrow Route and Juneberry Road. The re-routing of this fiber optic cable conduit system will allow for the use for the new power cable in the spare 5-inch conduit, which will help the Applicant reduce the cost for the new 12 kV circuit run, as the use of the spare 5-inch conduit reduces the additional trenching that would have been required from the Arbors Substation.
Lastly, with RCMU’s Dig Once policy, any time a dry utility trench excavation or similar work in the public right of way occurs and if feasible and appropriate, the City will place additional conduit infrastructure for future purposes. In this case, two (2) additional 6 inch electric conduits will be installed in the joint trench with the two (2) 4 inch fiber conduits stubbing into the existing four RCMU electrical vaults along Arrow Route. This portion of the electrical conduits will be paid for by RCMU, while the remainder of the line extension costs will be paid for by the Applicants.
ANALYSIS:
A Request for Proposals for the Project was prepared and sent out to RCMU’s three (3) prequalified vendors on July 18, 2024. On August 6, 2024, two (2) bids were received, and one (1) bidder declined participating for the Project. Staff reviewed the bids and found International Line Builders, Inc. as the lowest responsive bidder for the Project. Staff finds the bid to be reasonable and meeting the requirements of the bid documents. A copy of Amendment No. 06 to the Agreement with International Line Builders is on file with the City Clerk’s office.
The scope of the proposed award is required to be funded by the Applicant. In order to meet the Applicant’s timeline for energizing the new circuit, staff is seeking a conditional award effective upon receipt of the funds from the Applicants.
FISCAL IMPACT:
The total cost of the Project is $1,318,680. Staff anticipates receiving funding up to $1,119, 250 from the Applicant for the scope of work under the proposed amendment. However, should payment not be received from the Applicant, the work under the proposed amendment will not move forward. Expenditures and revenues for this project have not been included in the Fiscal Year 2024/25 Adopted Budget, therefore, an appropriation is needed for project expenditures and to amend the budget for revenue reimbursed from the applicant in the following amounts and accounts:
Account No. Funding Source Description Amount
F711CC304SC7009PID2171-711Fiber Optic Network
(Fund 711)
Arrow Rte Distribution
Line Ext
$1,231,180
F711CC000RC9000 Fiber Optic Network
(Fund 711)
Reimbursement from
Applicant
($1,119,250)
F705CC304SC7009PID2171-705Municipal Utility Fund
(Fund 705)
Arrow Rte Distribution
Line Ext
$87,500
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community.
ATTACHMENTS:
None.
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services - Utilities Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 12 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $43,200, Plus a 10% Contingency and Appropriation of Funds in the Amount of $47,520 from the Municipal Utility Fund (Fund 705) for the Bridgepoint Building 1 Cabling Project. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the plans and specifications for the Bridgepoint Building 1 Cabling (Project) on file with the City Engineer;
2. Conditionally award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO19-085), the lowest responsive bidder for the Project, in the amount of $43,200;
3. Authorize the expenditure of a 10% contingency in the amount of $4,320;
4. Authorize the appropriation in the amount of $47,520 to account number F705CC304SC7009PID-2129-705 (Capital Projects-Bridgepoint Bldg 1 Cabling) from the Municipal Utility Fund (Fund 705); and
5. Authorize the inclusion of additional revenue in the amount of $43,200 into account number F705CC000RC4401 (Fund 705 – Reimbursement from Applicant) into the current fiscal year budget.
BACKGROUND:
The Rancho Cucamonga Municipal Utility (RCMU) is preparing to serve the next phase of the Bridgepoint Building 1 Project, an existing development at 12434 4th Street. This next phase will require connecting the new 12 kilovolt (kV) circuit to a new onsite electrical service connection in Building 1 to be used for their new refrigeration cold storage load.
ANALYSIS:
A Request for Proposals for the Project was prepared and sent out to RCMU’s three (3) prequalified vendors on July 22, 2024. On August 8, 2024, two (2) bids were received and one (1) declined participating in the bid for the Project. Staff reviewed the bids and found Pacific Utility Installation, Inc. as the lowest responsive bidder for the Project. Staff finds the bid to be reasonable and meeting the requirements of the bid documents. A copy of Amendment No. 12 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk’s office.
The scope of the proposed award is required to be funded by the Applicant. In order to meet the Applicant’s timeline for energizing the new circuit, staff is seeking a conditional award effective upon receipt of the funds from the Applicant.
FISCAL IMPACT:
The total cost of the Project is $47,520. Staff anticipates receiving funding up to $43,200 from the Applicant for the scope of work under the proposed amendment. However, should payment not be received from the Applicant, the work under the proposed amendment will not move forward.
Expenditures and revenue for this project have not been included in the Fiscal Year 2024/25 Adopted Budget, therefore, an appropriation is needed for project expenditures and to amend the budget for revenue reimbursed by the applicant in the following accounts and amounts:
Account No. Funding Source Description Amount
F705CC304SC7009PID2129-705Municipal Utility Fund
(Fund 705)
Bridgepoint Bldg 1
Cabling
$47,520
F705CC000RC4401 Municipal Utility Fund
(Fund 705)
Reimbursement from
Applicant
($43,200)
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community.
ATTACHMENTS:
None.
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services - Utilities Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 13 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $1,550,340, Plus a 10% Contingency and Appropriation of Funds in the Amount of $1,705,380 from the Municipal Utility Fund (Fund 705) for the RCMU Cable and Conduit from the Arbors Substation to Sixth Street. (CITY) RECOMMENDATION:
Staff recommends the City Council:
1. Approve the plans and specifications for Rancho Cucamonga Municipal Utility (RCMU) Cable and Conduit from the Arbors Substation to Sixth Street (Project) on file with the City Engineer;
2. Conditionally award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO19-085), the lowest responsive bidder for the Project, in the amount of $1,550,340;
3. Authorize the expenditure of a 10% contingency in the amount of $155,040;
4. Authorize an appropriation in the amount of $1,705,380 to account number F705CC304SC7009PID-2172-705 (Capital Projects-Substation to Sixth Cable and Conduit) from the Municipal Utility Fund (Fund 705); and
5. Authorize the inclusion of additional revenue in the amount of $1,550,340 into account number F705CC000RC4401 (Fund 705 – Reimbursement from Applicant) into the current fiscal year budget.
BACKGROUND:
On June 1, 2022, the Rancho Cucamonga City Council approved the plans, specifications and construction of the Etiwanda Avenue and Sixth Street – Electric and Fiber Line Extension Project.
In late 2023, the Rancho Cucamonga Municipal Utility (RCMU) completed the electric and fiber optic distribution line extension in order to provide RCMU electric and municipal broadband service to the newly developed or redeveloped industrial parcels on or adjacent to Etiwanda Avenue in the southeastern portion of the City.
One of the newly developed sites located at 12434 4th Street approached RCMU indicating that the initial electric service was insufficient for a prospective future tenant that required significantly higher than anticipated demand load. After staff conducted extensive research and engineering load calculations, it was determined that the existing 12 kilovolt (kV) feeder circuit could not serve the additional building demand loads safely against potential overload and overcurrent conditions
and that a new 12 kV feeder circuit from the existing Arbors Substation’s spare breaker to the 12434 4th Street site needed to be extended and built. These improvements include new cabling infrastructure, including cables, pad mounted switches and all necessary connections.
The improvements will be paid for by the developer and the new tenant (Applicants) requesting the additional required electrical load.
ANALYSIS:
A Request for Proposals for the Project was prepared and sent out to RCMU’s three (3) prequalified vendors on July 22, 2024. On August 8, 2024, two (2) bids were received and one (1) declined participating in the bid for the Project. Staff reviewed the bids and found Pacific Utility Installation, Inc. as the lowest responsive bidder for the Project. Staff finds the bid to be reasonable and meeting the requirements of the bid documents. A copy of Amendment No.13 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk’s office.
The scope of the proposed award is required to be funded by the Applicant. In order to meet the Applicant’s timeline for energizing the new circuit, staff is seeking a conditional award effective upon receipt of the funds from the Applicants.
FISCAL IMPACT:
The total cost of the Project is $1,705,380. Staff anticipates receiving funding up to $1,550,340 from the Applicant for the scope of work under the proposed amendment. However, should payment not be received from the Applicant, the work under the proposed amendment will not move forward. Expenditures and revenue for this project have not been included in the Fiscal Year 2024/25 Adopted Budget, therefore, an appropriation is needed for project expenditures and to amend the budget for revenue reimbursed by the applicant in the following accounts and amounts:
Account No. Funding Source Description Amount
F705CC304SC7009PID2172-705Municipal Utility Fund
(Fund 705)
Substation to Sixth
Cable and Conduit
$1,705,380
F705CC000RC4401 Municipal Utility Fund
(Fund 705)
Reimbursement from
Applicant
($1,550,340)
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community.
ATTACHMENTS:
None.
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt Gracia, Community Services Director Nathan Hunt, Community Services Superintendent
Chandra Thomas, Management Analyst III
SUBJECT: Consideration of a One (1) Year Professional Services Agreement with Clair Global Integration DBA Sound Image with the Option to Renew in One-Year Increments for up to Two (2) Additional Years for a Total Notto-Exceed Amount of $281,630 plus a 10% Contingency in the Amount of $28,163 for Proactive Inspections and Maintenance of the City’s Audio-Visual Systems. (CITY)
RECOMMENDATION:
Staff recommends the City Council authorize the execution of a one (1) year Professional Services Agreement with Clair Global Integration DBA Sound Image with the option to renew in one-year increments for an additional two (2) years and a total not-to-exceed amount of $281,630 plus a 10% contingency in the amount of $28,163 over the term of the agreement for proactive inspections and maintenance of the City’s audio-visual systems.
BACKGROUND:
The City has made an investment in state-of-the-art audio-visual (A/V) systems with installations at key facilities such as Quakes Stadium, Council Chambers, the Police Department’s Real Time Information Center, the Library’s Second Story and Beyond®, Victoria Gardens Cultural Center, Emergency Operations Center, and Central Park’s banquet rooms. These systems were designed and installed by Clair Global Integration DBA Sound Image and have been essential for City operations, public meetings, and emergency responses.
As usage and technological complexity have increased, the need for regular, proactive maintenance has become evident. Ensuring continuous optimal performance and preventing technical issues requires dedicated attention to the maintenance of the A/V systems. The A/V systems' advanced nature necessitates ongoing upkeep despite the initial high-quality installation.
The City is seeking a structured maintenance program to support these critical A/V systems. As the initial designer and installer of the majority of A/V systems throughout the City, Clair Global Integration DBA Sound Image’s expertise will now expand to take on the crucial role of providing maintenance and repairs as needed for City A/V systems. This decision is essential to maintain the A/V systems' reliability and functionality, ensuring the City's facilities continue to operate smoothly and efficiently.
ANALYSIS:
The proposed agreement with Clair Global Integration DBA Sound Image includes four (4) quarterly scheduled preventative maintenance visits to each of the following City locations:
Central Park Banquet Rooms (David Drier and Rancho Cucamonga Hall), City Hall Council Chambers and Broadcast Suite, Victoria Gardens Cultural Center (Celebration Hall and Courtyard), Library Second Story and Beyond, The Real Time Information Center, Quakes Stadium, and the Emergency Operations Center. The primary goals of this agreement are to increase the reliability and longevity of the installed A/V system equipment and to ensure that all A/V equipment functions continuously. This proactive maintenance approach aims to reduce the number of emergency service calls and ensure a consistently high-quality customer experience with A/V system performance.
As part of the initial assessment, Clair Global Integration DBA Sound Image will document and establish a comprehensive list of all covered A/V equipment within the facilities, including locations, serial numbers, and operational status. This thorough inventory management of existing assets will serve as a baseline for ongoing maintenance and help in tracking the condition and performance of the City owned equipment. Quarterly scheduled preventative maintenance will further ensure that any potential issues are identified and addressed before escalation.
Additionally, Clair Global Integration DBA Sound Image will provide loaner equipment when necessary and possible, minimizing downtime and limiting disruptions to City operations due to equipment failure.
The agreement offers several advantages: the City will receive priority service response when requested, discounted rates for on-site service calls, and telephone support at no additional cost during normal business hours. If necessary, the agreement can also be utilized for the contractor to assist in other City facilities not listed in this report, upon mutual agreement by both parties.
This comprehensive maintenance strategy is designed to maintain the high standards of the City's A/V systems, supporting the systems’ continuous and reliable performance, to benefit City operations and the services provided to the community.
FISCAL IMPACT:
The estimated total expenditure for this agreement over three (3) years is $281,630 with a 10% contingency of $28,163 for a total of $309,793. Contingency funds will be used for any necessary service calls outside of the annually scheduled preventative maintenance and initial assessment.
The initial agreement term for the first year is projected to cost $107,690 plus warranted contingency expenses and will be paid with existing budgeted funds from the following accounts:
Account No. Funding Source Description Amount
F001CC402SC2106P0001 CSD: Central Park Operations Contract Services $21,956 F001CC407SC2106P0017 CSD: Victoria Gardens Center Contract Services $21,957 F001CC3126600SC2106 Public Works Contract Services $23,402 F001CC2096600SC2106 DoIT Contract Services $20,000
F710CC6106600SC2106 Library Services Contract Services $10,375 F281CC529SC21001 Fire Contract Services $10,000
The subsequent second and third optional term years will be evaluated for funding during the City’s then-current budget cycle and are estimated to cost $86,970 annually plus warranted contingency expenses.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This project supports the City Council’s vision of relentless pursuit of improvement and intentionally embracing and anticipating the future.
ATTACHMENTS:
Attachment 1 – Professional Services Agreement
Attachment 2 – Single Source Justification Memo
Attachment 3 – Single Source Justification Form
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 22 day of
August, 2024, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Clair Global Integration, a Audio Visual Services Contractor (“Contractor”).
RECITALS
A. City has heretofore issued its request for proposals to perform the following services: Annual Maintenance and Support for audio visual systems throughout the City of Rancho Cucamonga. (“the Project”).
B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project.
C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein.
D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Contractor’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to Annual Maintenance and Support for audio visual systems throughout the City of Rancho Cucamonga, all as more fully set forth in the Contractor’s proposal, dated 7/2/24 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to ATTACHMENT 1 Page 553
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this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment.
1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “A”.
1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services.
1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be 1 year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year increments to a total of 2 additional years, unless sooner terminated as provided in Section 14 herein.
Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $107,690 (One Hundred Seven Thousand, Six Hundred Ninety) for the initial first year term of this agreement. For the remaining one-year renewal option(s), the total and complete amount payable to Contractor shall not annually exceed $86,970
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(Eighty-Six Thousand, Nine Hundred Seventy), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be Jennifer Hunt Gracia, or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
5.2 Contractor Representative. For the purposes of this Agreement, Derek Lewis is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City to enter into this Agreement.
Therefore, the Contractor’s Representative shall be responsible during the term of this
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Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City.
6. Contractor’s Personnel.
6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code.
6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4.
6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.
6.5 Consultant shall provide the City notice if any of its employees or its subcontractors and/or subcontractors’ employees that are proposed to provide Services on any Projects are retirees from or current members of the California Public Employees’ Retirement System (CalPERS). It is City Practice to decline the services of employees of Contractors who are CalPERS retirees or current members of CalPERS on any Project. In addition, Consultant’s employees or subcontractors’ employees providing Services on any Project shall work no more than 960 total hours in a fiscal year (July 1-June 30) combined for the City and other CalPERS agencies.
6.6 In the event that Consultant or any employee, agent, or subcontractor of Consultant or the subcontractor’s employee, providing services under this Contract, is determined by a court of competent jurisdiction or staff of CalPERS, an Administrative Law Judge or the CalPERS Board of Administration to be eligible for enrollment as a member in CalPERS as an employee of the City, or by any other state or federal agency to be an employee of the City under any circumstances, Consultant shall
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indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions demanded by CalPERS, payment of any penalties and interest on such contributions, as well as payment of any damages, wages, assessments, awards, judgments or charges incurred in relation thereto, whether awarded by a court, Administrative law Judge or CalPERS any other state or federal agency, and payment of reasonable attorneys’ fees incurred by the City in relation thereto.
6.7 Consultant agrees to follow the provisions of the Affordable Care Act and shall indemnify, defend, and hold harmless the City for the payment of any Affordable Care Act penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, subcontractor of Consultant or subcontractor’s employee providing services under this Contract and payment of reasonable attorneys’ fees incurred by the City in relation thereto.
6.8 Consultant agrees to follow the provisions of the California Paid Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the City for the payment of any related penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant or any employee, agent, or subcontractor of Consultant or subcontractor’s employee providing services under this Contract and payment of reasonable attorneys’ fees incurred by the City in relation thereto.
6.9 Consultant agrees to follow all applicable provisions of federal, state and local law, statute and regulation in performance of this Contract as it relates to employment of employees or otherwise, including but not limited to, the Federal Fair Labor Standards Act and proper withholding of taxes, and shall indemnify, defend and hold harmless the City for the payment of penalties, fines, damages, assessments, awards, judgments or charges that the City may incur as a result of Consultant, or any employee, agent, or subcontractor of Consultant, or subcontractor’s employee, performing services under this Contract and payment of reasonable attorneys’ fees in relation thereto.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no
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circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions.
Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes noninfringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold
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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.
Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees
9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.
10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.
10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if
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such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.
11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor.
11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
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12. Insurance.
12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.
Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance
proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are
sufficient to cover the obligations of the Contractor under this agreement.
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12.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a
separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of
Contractor; products and completed operations of
Contractor; premises owned, occupied or used by
Contractor; and/or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no
limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’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. (4) Contractor 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, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure
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such insurance at Contractor’s sole cost and expense.
(5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy,
including breaches of warranty, shall not affect the
coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.
(9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any subPage 563 ____________
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subcontractor.
13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require.
City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.
Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City: Jennifer Hunt Gracia,
Community Services Director
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Contractor: Derek Lewis,
Account Manager
Clair Global Integration
2415 Auto Park Way
Escondido, CA 92029
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16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.
____________
Vendor Initials
PSA without professional liability insurance (contractor) Page 14 Last Revised: 05/22/14
21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
Contractor Name: Clair Global Integration
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
(two signatures required if corporation)
____________
Vendor Initials
PSA without professional liability insurance (contractor) Page 15 Last Revised: 05/22/14
EXHIBIT A
SCOPE OF SERVICES
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
1 . 0 T E R M I N O L O G Y
1.1 For the sake of brevity this document utilizes many acronyms and other shorthand labels.
They are as follows:
A. Owner – City of Rancho Cucamonga
B. CGI – Clair Global Integration
C. Facility –
1. Central Park Banquet Rooms- Rancho Cucamonga and David Drier Hall
2. City Hall- City Council Chambers and Chambers Broadcast Suite
3. Victoria Gardens Cultural Center- Celebration Hall and Courtyard
4. Library-Second Story and Beyond
5. Real Time Information Center
6. Quakes Stadium
7. Emergency Operations Center
D. PCMA – Preventive and Corrective Maintenance Agreement E. SPM – Scheduled Preventive / Corrective Maintenance
F. PSC – Paid Service Call
G. EWS – Extended Warranty Service
H. AV – Installed equipment including, but not limited to the audio, video, and control systems.
I. Visit – When used, the term “visit” implies one of the scheduled, quarterly trips to the Facility to provide preventive and corrective maintenance services.
J. Call – When used, the term “call” implies that the Owner needed to make an unexpected phone call to request a non-scheduled trip to the Facility to provide urgent or emergency repair or service.
K. Period – The number of months or years included in the PCMA.
L. OFE – Owner-furnished equipment
2 . 0 D E F I N I T I O N S
2.1 Preventive Maintenance:
A. Quarterly “tune-ups” that are done so that the equipment and systems operate within factory specifications.
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
B. SPM actions shall be performed on-site, at the Owner’s Facility, for equipment being covered under this PCMA.
2.2 Corrective Maintenance:
A. Replacement of failed or failing user-replaceable components such as lamps or fuses.
B. Replacement components shall be provided or purchased by the Owner. 3 . 0 G E N E R A L C O N D I T I O N S
3.1 Upon the receipt and acceptance of this PCMA, and a purchase order or payment per the terms of this Agreement, CGI will schedule and deliver four (quarterly) SPMs to the Owner’s facilities.
A. Typical SPM visits will include the required staff and days on-site to perform the SPM for each facility.
B. Each SPM will be scheduled two weeks in advance with the noted on-site contact.
3.2 The purpose of the PCMA is to:
A. Increase the reliability and longevity of the installed AV system equipment.
B. Increase the chances that all AV equipment will function on a 24/7/365 basis.
C. Decreases the number of emergency service calls.
D. Decreases the number of customer complaints regarding the performance of the AV system.
3.3 Owner’s Covered Equipment includes the following:
A. All audio equipment new and existing.
B. All video equipment new and existing.
C. All AV rack room(s) and equipment new and existing.
D. All control equipment new and existing.
E. All other AV-related equipment new and existing.
1. Define other equipment: misc. cable, power supplies.
3.4 Facility equipment that is not covered includes:
A. Non-AV related network switches, owner provided computers.
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
4 . 0 C G I ’ S O B L I G A T I O N S U N D E R T H E P C M A
4.1 An SPM visit shall include:
A. Two or more field technicians will visit the Facility to verify proper operation of the covered AV equipment.
B. Installation of any factory provided hardware and/or software updates.
C. Cleaning all AV devices.
D. Checking and cleaning all cooling fans.
E. Returning the equipment controls to pre-established operating levels.
F. Verifying equipment operation.
G. Reloading existing system operating software (if required).
H. Lubricating any user-accessible moving parts.
I. Electronically calibrating the AV equipment and correcting operating conditions that are not within industry standards for normal operation.
4.2 The on-site service hours for the four SPMs shall be 9:00 a.m. to 6:00 p.m. local time, Monday through Friday, unless otherwise agreed by both the Owner and CGI.
A. Work must begin and end within the on-site service hours.
4.3 Abnormal Conditions:
A. If abnormal operating conditions, outside industry standards, are noted during a SPM visit, and the repair or correction cannot easily be accomplished during the immediate SPM time window, a Paid Service Call will be scheduled to correct/repair the noted condition(s). See PSC details below in Section 10.
B. If the CGI technicians find any malfunctioning equipment, or abnormal operating conditions outside industry standards, CGI will forward to Owner a description of the condition and a cost estimate to repair.
C. Upon approval of the repair cost estimate, CGI will remove the equipment from site and either repair it at our shop or ship it to the manufacturer for repair service.
4.4 Loaner Equipment:
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
A. Whenever necessary and possible, CGI will attempt to replace all critical AV equipment with suitable loaner equipment.
B. If a non-critical piece of equipment cannot be repaired within five (5) working days, a loaner unit of comparable functionality will be provided at Owner’s request.
1. When possible, loaner equipment will be provided at no cost to Owner.
2. Loaner equipment may not be an exact match to Owner’s existing equipment and may not be compatible with Owner’s mounting systems or integrated remote-control systems or other components of the system.
3. Owner agrees to be liable for the repair or replacement cost of the loaner unit due to loss or damage while the loaner equipment is in Owner’s possession.
4.5 Annual Assessment:
A. At the start of the first PCMA period, CGI will document and establish a complete list of all covered AV equipment in the Facility, complete with locations, serial numbers, and operational status. The AV equipment logbook will become the property of the Owner.
1. If equipment is in dire need of replacement or upgrade, a cost will be provided to owner.
2. The equipment logbook will also include life expectancy estimates for the equipment, replacement scheduled and pricing (when requested by Owner).
B. During each of the SPM visits, the equipment logbook will be updated with information regarding the status of the equipment, and maintenance rendered.
C. Coordinate and set up requirements for remote access to AV systems where applicable.
4.6 Priority Service Response:
A. Another advantage to having a PCMA with CGI is that the Owner receives priority service response when requested.
B. CGI agrees to respond (via telephone, email, or text) to your request for service within four (4) hours of our receipt of the request.
1. Service/Support Contact:
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
2. Phone: 877-285-3494
3. Email: [email protected]
C. If “rush” service is requested, CGI agrees to have a service technician remote into systems or be on site, at the Owners Facility, within 24 hours of the requested service.
1. Customers outside the 120-mile radius should allow for additional travel time due to limitations and restrictions that may be out of our control.
D. PCMA service customers that do not require a “rush” response, will automatically be moved to the top of our daily service priority list.
4.7 Emergency Service
A. Service typically becomes an emergency when a major portion of a system goes down with only a few hours before an event that requires the system to function.
B. PCMA service customers will receive Emergency Service response time of four (4) hours or less, if possible and received before 2:00pm Pacific Standard Time that same day.
C. Customers requesting Emergency Service should realize that CGI may or may not be able to facilitate a timely repair of the problem. It is not uncommon that a piece of equipment that has failed cannot be repaired in the field; but rather must be sent to the manufacturer for repair.
D. See Section 5.2 below for additional recommendations regarding the satisfactory resolution of Emergency Service situations.
5 . 0 O W N E R ’ S O B L I G A T I O N S U N D E R T H E P C M A
5.1 Equipment Maintenance and Alteration:
A. Owner must provide CGI with unrestricted access to the Facility and the AV equipment during the scheduled SPM visits.
B. Owner may not alter the wiring interconnections of the AV equipment without consulting CGI during the period of the PCMA.
C. Owner may not alter, repair, or modify the AV equipment without consulting CGI during the period of the PCMA.
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
D. Owner must operate the equipment within the limits of the equipment functionality, as detailed in the manufacturer’s user operations manual(s).
E. Owner may not add or modify the equipment, components, wiring, other parts, or programming of the AV system without consulting CGI during the period of the PCMA.
F. Provide CGI with all available plans and as-builts.
5.2 Backup Equipment Inventory:
A. If the Owner considers their AV systems to be so critical to the operation of their organization or ongoing business operations that they cannot be without full functionality for more than one to two days, CGI recommends that the Owner maintain a backup inventory of parts, supplies, and equipment.
B. The backup inventory should have a suitable replacement for many or most of the key devices within the system.
1. If requested, CGI will work with the Owner to establish the best and most cost-effective compliment of spares.
C. Purchasing backup equipment
1. The backup equipment may be purchased by the Owner during the initial installation period and stored at or near the facility in which it will be used. If this approach is desired, CGI will charge cost plus 20% for the equipment.
2. A separate quotation will be prepared and submitted for approval if backup equipment is required. Contact your CGI account representative for more information. 6 . 0 I T E M S N O T C O V E R E D U N D E R T H E P C M A
6.1 Parts and labor for all repairs outside the limits of the PCMA.
A. All equipment and/or parts required for repairs will be invoiced at a rate of cost plus 15%.
B. CGI labor, if required for any off-site repairs, will be charged at the rates noted in PCMA price schedule.
C. Any required manufacturer’s repair labor will be invoiced at a rate of cost plus 15%.
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
D. All percentages stated herein are “margins,” not “mark-up.”
6.2 All consumable items, including batteries and projector lamps, are excluded from this PCMA, and will be quoted and invoiced separately.
6.3 Specialized rental equipment such as man lifts, and safety equipment will be provided and charged at a rate of cost plus 15%.
6.4 Unproductive service calls:
A. If Owner contacts CGI to report a system complaint, failure, or perceived problem or failure, and no mechanical or electronic failure is found; or the problem is due to operator error, the Owner will, at CGI’s sole discretion, be invoiced for the time spent, at the rates noted below in PCMA price schedule.
6.5 Control system or other software programming. Contract your CGI account representative to coordinate programming scope and pricing.
6.6 Any condition that existed prior to the start date of this PCMA; that would not have been obvious during a pre-inspection of the Facility and/or AV systems; and/or that was not communicated to CGI.
6.7 Service and repairs prohibited by statute, governmental regulation, or any other law.
6.8 Repair Transportation:
A. If off-site repair is required, Owner agrees to pay for the round-trip transportation costs of the equipment from the Owner’s Facility to CGI’s shop, and/or the manufacturer, and back.
B. Transportation will be provided by CGI’s staff or by commercial carrier.
C. Shipping and handling provided by CGI will be invoiced at a rate of cost plus 15%.
6.9 Any additional AV equipment purchased or obtained by Owner after the PCMA period has begun.
A. If requested, CGI will prepare an additional quotation for servicing and maintaining any new or additional equipment.
6.10 Changes or modifications made to any AV equipment by any other third party during the period of this PCMA.
6.11 Training
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
A. Operational training is not considered to be a part of this PCMA.
1. These services can be contracted separately. Please contact your CGI account manager for further information.
7 . 0 T R A N S F E R O F A G R E E M E N T
7.1 This Agreement may not be transferred to any other party without the express written consent of CGI and the payment of a transfer fee equal to not less than ten percent (10%) of the premium amount. SI may, at its sole discretion, choose to accept the transfer or to terminate this PCMA. 8 . 0 C O M M E N C E M E N T , E X P I R A T I O N , R E N E W A L A N D C A N C E L L A T I O N
O F T H E A G R E E M E N T
8.1 The PCMA period shall commence upon the receipt of a purchase order or other acceptable payment guarantee, or on the date identified on the first page of this PCMA, whichever is later.
A. No SPM work will be performed prior to the formal commencement of the PCMA.
8.2 On or before thirty (30) days following the start date of the PCMA, Owner may cancel this PCMA and receive a refund of the full premium if no services or benefits have been received by the Owner.
8.3 To cancel this PCMA, Owner must submit a notice of cancellation in writing to CGI.
8.4 If Owner does not meet the obligations of Section 5 or does not pay the premium within thirty (30) days of CGI’s invoice, CGI has the right to cancel this PCMA upon forwarding written notice to Owner.
A. In the event of cancellation due to non-payment, Owner agrees to be liable for the full cost of services and parts provided to Owner prior to the cancellation.
B. If Owner does not meet the obligations under Section 5, CGI will provide a prorated refund based on the time expired and the services rendered under the PCMA.
8.5 Multi-year renewals:
A. This PCMA has a period of one (1) year. Multi-year renewals are available at the following rates:
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
1. Two or three consecutive years: Initial rate minus 2.5% for each additional, consecutive year following the first year of the PCMA.
Example: First year = $10,000, second year = $9,750, third year = $9,750. Total three-year contract value $29,500.
2. Terms for the renewal years shall be the same as for the first year.
3. Additional years will need to be proposed later due to potential labor cost increases.
4. A 15-day renewal grace period will begin on the first day following the end of any PCMA renewal period. Acceptance for additional years of service must be taken within the 15- day grace period to receive the discounts defined above.
8.6 Each PCMA period shall expire 12 months after the date of commencement.
A. CGI shall complete any outstanding repair work on the AV systems that began prior to the expiration of the PCMA period.
B. This PCMA shall not automatically renew. A renewal PCMA must be generated to provide coverage beyond the expiration date of this Agreement.
C. The Owner must initiate a request for renewal of the PCMA period(s).
D. Either Owner or CGI may decline to renew PCMA.
9 . 0 P A I D S E R V I C E C A L L S
9.1 PSC repair/service work, which is performed outside this PCMA, shall be billed as follows:
A. Service Call: $215.00 flat rate (normally $250) to roll a vehicle to the Owner’s Facility.
B. Field Service: $125.00 per man hour (normally $145/hr.). Monday through Friday; during normal working hours of 8:00 am to 6:00 pm.
C. Overtime work performed, Monday through Friday, will begin after eight (8) hours of work (including travel time) on any given calendar day. Overtime rate is $187.50/hr. (normally $217.50/hr.).
D. The weekend and holiday rate are $250.00 per hour (normally $290/hr.).
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
9.2 By entering this PCMA contract, Owner agrees to allow CGI to bill for on-site PSC work as outlined above.
9.3 Telephone support will be provided at no additional cost during normal business hours. 1 0 . 0 P A Y M E N T
10.1 Payments shall be made to:
Clair Global Integration, Inc.
2425 Auto Park Way
Escondido CA, 92029
1 1 . 0 A C C E P T A N C E , P C M A P R I C I N G & E X E C U T I O N
11.1 Acceptance:
A. Any deviation from the terms and conditions outlined within this PCMA must be approved, in writing, by both the Owner’s authorized representative and an officer or director of Clair Global Integration.
11.2 PCMA Price Summary
Location Annual SPM Fee Initial Assessment Fee
Central Park Banquet Rooms- Rancho Cucamonga and David
Drier Hall
$15,820.00 $3,080.00
City Hall- City Council Chambers and Chambers Broadcast Suite $13,000.00 $2,345.00
Victoria Gardens Cultural Center- Celebration Hall and
Courtyard
$13,000.00 $2,345.00
Library-Second Story and Beyond $9,000.00 $1,375.00
Real Time Information Center $7,500.00 $1,375.00
Quakes Stadium $17,880.00 $4,470.00
Emergency Operations Center $13,000.00 $3,500.00
SPM & ASSESSMENT SUB-TOTALS: $89,200.00 $18,490.00
ANNUAL MAINTENANCE & SUPPORT PLAN GRAND TOTAL $107,690.00 MULTI-YEAR (Up to 3 Years) $86,970.00 per year
C L A I R G L O B A L I N T E G R A T I O N
Proposal
West Coast HQ: 2415 Auto Park Way, Escondido, CA 92029 | P: +1 760 737 3900 | Website: www.clairglobal.com/integration
Annual Maintenance and Support Plan
11.3 PCMA Price Schedule
Service Type Standard Rate PCMA Rate After Hrs./Weekend Rate Holiday Rate Flat Drive Time Rate $250.00 $215.00 N/A N/A
Remote Tech Support $125.00 $110.00 $165.00 $180.75
On-Site Service (1-Hr Min) $145.00 $125.00 $187.50 $250.00 Emergency Service (2-Hr Min) $175.00 $150.00 $225.00 $300.00 Programmer/Senior Engineer $160.00 $140.00 $210.00 $280.00
11.4 Execution:
A. This Preventive and Corrective Maintenance Agreement shall become the formal written Agreement between the parties listed herein, upon the execution by both parties.
B. Please sign and return one copy of the Agreement to Clair Global Integration.
C. Full execution of this Agreement, and receipt of payment or PO, will be CGI’s Notice to Proceed.
____________
Vendor Initials
PSA without professional liability insurance (contractor) Page 16 Last Revised: 05/22/14
EXHIBIT B
SCHEDULE FOR PERFORMANCE
N/A
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$
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.
INSD
ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
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 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No):
CONTACT NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
5/16/2017
Vantreo Insurance Brokerage
100 Stony Point Rd, Suite 160
Santa Rosa CA 95401
So. California Sound Image, Inc.
& TOAN, LLC
2425 Auto Park Way
Escondido CA 92029
Fireman's Fund Insurance Company 21873
Janet Kelly
707-546-2300 X 264 707-546-2915
[email protected]
SOUNIMA-01
1300889471
A Y Y AZC80912549 8/1/2016 8/1/2017 1,000,000
1,000,000
10,000
Included
2,000,000
Included
X
X
X
A Y Y
N N
X
MZA80320251 8/1/2016 8/1/2017 1,000,000
A X X XAU58049859 8/1/2016 8/1/2017 5,000,000
5,000,000
A WZC81033941 6/1/2016 6/1/2017 X
1,000,000
1,000,000
1,000,000
Y
A Equipment Floater MSF07005911 8/1/2016 8/1/2017 SEE BELOW Worldwide, replacement cost coverage limits: Owned equipment $33,126,242; Equipment rented from others $15,400,000; Property of Others, $15,400,000; Property in Transit $4,000,000; Deductible $10,000.
RE: Celebration Hall Video Repair
City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials are included as additional insured with regards to General Liability per attached form which includes Waiver of Subrogation.
Auto Waiver of Subrogation applies per attached form. Workers Compensation Waiver of Subrogation will be forwarded upon receipt.
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga CA 91730
The City of Rancho Cucamonga is seeking a contractor to provide proactive inspections and maintenance as needed for its audio visual (A/V) systems. Sound Image is the ideal single source vendor for this project because they are the designer and installer of the A/V systems at the following City sites:
• Quakes Stadium
• Council Chambers
• Police Department’s RTIC
• Second Story and Beyond
• Victoria Gardens Cultural Center (excluding Biane Library) • Emergency Operations Center
• All Risk Training Center
• Central Park Banquet Rooms – Rancho Cucamonga Hall and David Drier Hall Sound Image has a well-established relationship with the City and has a proven track record of providing high-quality A/V services. They are also familiar with the A/V systems at the City’s facilities and have the expertise to provide the necessary maintenance and repairs.
In addition, Sound Image is able to offer the City a competitive price for the A/V maintenance services. They have a team of experienced technicians who are available to respond to technical issues.
The City believes that Sound Image is the best-qualified vendor to provide A/V maintenance services and is requesting a single-source award for this project. The City aims to leverage Sound image’s expertise and experience by establishing a 1-year agreement with the option to renew for up to 2 additional years.
DATE: July 10, 2024
TO: Ruth Cain, Procurement Manager
FROM: Chandra Thomas, Management Analyst III
BY: Darrell Richardson, Management Analyst I
SUBJECT: SINGLE SOURCE JUSTIFICATION – Sound Image
MEMORANDUM
Community Services
Department
ATTACHMENT 2 Page 584
I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc
CITY OF RANCHO CUCAMONGA
SINGLE/SOLE SOURCE JUSTIFICATION
FOR PURCHASES $8,500 AND ABOVE
The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source.
Vendor:________________________________________Date: __________________ Commodity/Service:_____________________________________________________ Estimated expenditure: __________________Your Name: ______________________ Extent of market search conducted: ________________________________________ _____________________________________________________________________ Price Reasonableness:__________________________________________________ Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? _____________________________________________ _____________________________________________________________________ DEFINITIONS:
SINGLE SOURCE – a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need.
SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need.
Initial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry.
This is a Single Source THIS IS A SOLE SOURCE PURCHASE (check one).
1. _______ SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no. 3 also must also be completed).
2. _______ THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum).
ATTACHMENT 3
Sound Image July 10, 2024 Audio Visual Maintenance $309,859 Darrell Richardson Sound Image designed and installed the City's A/V systems, and as such have a deep understanding of the systems. A new vendor would need time to learn these systems, leading to costly and disruptive operations. The vendor had the lowest bid during installation and still offers reasonable prices. No. The Community Services Department would establish a 1-year agreement with the option to renew for up to 2 additional years.
Single/Sole Source Justification Form
I:\PURCHASE\TEMPLATES, FORMS\RFQ,RFQual,RFB,RFP TEMPLATES\Sole Source Justification Form.doc 05/23/2024
3. _______ THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE
SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application).
4. _______ UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.)
5. _______ THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request).
6. _______ NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION
FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM.
The undersigned requests that competitive procurement be waived, and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole source for the service or material.
Department Head: ____________________________ Department: _______________________
APPROVED
APPROVED WITH CONDITION/S
DISAPPROVE
Comments:_______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ $5,000 - $49,999
APPROVED BY PURCHASING MANAGER: ____________________________Date: __________ $50,000 - $150,000
APPROVED BY CITY MANAGER: ____________________________Date: __________ $150,000 AND OVER
See comments above by Purchasing Division, attach to Council Request CITY COUNCIL ACTION: ____________________________________________Date: __________ Community Services ✔✔
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Marlena Perez, Principal Engineer
Romeo David, Associate Engineer
Vishal Lad, Assistant Engineer
SUBJECT: Consideration of a Contract with Gentry Brother’s, Inc. in the Amount of $2,249,865 Plus 10% Contingency for Fiscal Year 2024/25 Major Arterials Pavement Rehabilitation Project (Project) for Base Line Road and Hermosa Avenue. This Project is Exempt From the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the plans and specifications on file with the City Engineer for the Fiscal Year 2024/25 Major Arterials Pavement Rehabilitation Project (Project) for Base Line Road and Hermosa Avenue;
2. Accept the bids received for the Project;
3. Award and authorize the execution of a contract for the Fiscal Year 2024/25 Major Arterials Pavement Rehabilitation Project in the Base Bid amount of $2,249,865 to the lowest responsive bidder, Gentry Brother’s, Inc.; and
4. Authorize the Director of Engineering Services or his designee to approve the expenditure of a 10% contingency for the Fiscal Year 2024/25 Major Arterials Pavement Rehabilitation Project in the amount of $224,985.
BACKGROUND:
As part of the annual budgeting process, the Engineering Services Department identifies major arterials in need of resurfacing for inclusion in the Five-Year Major Projects Program and annual City budget. The selection process for the Major Arterials Program is based on data included in the City’s Pavement Management System (PMS). The PMS is a planning tool that analyzes existing pavement conditions, assigns a Pavement Condition Index, and provides a recommended pavement treatment. Typical treatments used by the City include pavement resurfacing and full pavement reconstruction. After conducting field investigations, staff confirms the data and recommendations obtained from the PMS and prepares plans, specifications, and estimates for each planned project prior to requesting bids. The existing asphalt pavement
conditions for sections alongside Base Line Road, from Day Creek Boulevard to Forester Place, and Hermosa Avenue, from Wilson Avenue to the northern City limit, have deteriorated to the point that resurfacing is required to extend the life of pavement and improve rideability.
This Project has been included in the Major Projects Program budget for Fiscal Year 2024/25.
A vicinity map is included as Attachment 1. The City uses asphalt rubber hot mix overlay for major arterials as a paving method to apply a new layer of asphalt to deteriorating roadway surfaces.
Instead of demolishing the old asphalt surface completely, the asphalt rubber hot mix overlay will use the existing layers as a base for the new asphalt pavement. An asphalt rubber hot mix overlay project extends the life of the pavement an additional 15 to 20 years.
ANALYSIS:
The scope of work to be performed consists of weed killing, routing and crack sealing, cold milling, asphalt rubber hot mix overlay, grinding and patching asphalt concrete, adjusting existing manholes and valves to new grade, restriping and installing pavement markings, upgrading curb ramps to meet ADA standards, installing traffic signal video detection, installing of green bike lane thermoplastic striping, and tree removals. The contract documents call for 80 working days to complete this Project.
The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin newspaper on July 9 and July 16, 2024. The City Clerk’s office facilitated the formal solicitation for bidding the Project on July 23, 2024. The City Clerk’s office received eight (8) construction bids. The Engineer’s estimate for the project was $3,050,000. The apparent low bidder, Gentry Brother’s, Inc., submitted a bid in the amount of $2,246,985; however, there were two (2) errors in the original bid. The total amount on bid item number 5 was not equal to the unit price times the quantity and the unit price and total amount for bid item number 8 were omitted.
Gentry Brother’s, Inc. provided a memorandum (included as Attachment 3) on July 24, 2024, clarifying the errors and indicating that the total corrected bid amount is $2,249,865. These revisions were minor and therefore do not impact the lowest bidder, as the next lowest bidder was $2,613,000. The full bid summary, with the corrected bid amounts is included as Attachment 2.
Engineering staff has reviewed all the bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder Gentry Brother’s, Inc. meets the requirements of the bid documents.
Staff has determined that the Project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 “Existing Facilities” subsection (c), Class 1.
FISCAL IMPACT:
Anticipated construction costs are estimated to be as follows:
Expenditure Category Amount
Construction Contract $2,249,865
Construction Contract Contingency (10%) $224,985
Construction Inspection Services $84,240
Construction Materials Services $83,600
Construction Monumentation Services for Baseline Road $22,500 Construction Monumentation Services for Hermosa Avenue $9,345 Bid Noticing Advertisement $1,690
Estimated Construction Costs $2,676,225
A total of $3,500,000 is budgeted, made available, and shown in the approved Fiscal Year 2024/25 Budget from the Road Maintenance and Rehabilitation (RMRA) (Fund 179).
Funding for this Project is identified under the account numbers and in the amounts listed below:
Account No. Funding
Source
Description Amount
F179-CC303-SC7004
PROJ-000078
RMRA Fund
(179)
Base Line Road Pavement
Rehab
$1,776,225
F179-CC303-SC7004
PROJ-000216
RMRA Fund
(179)
Hermosa Avenue
Pavement Rehab
$900,000
Total Project Funding $2,676,225
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This Project meets our City Council’s core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of highquality public improvements.
ATTACHMENTS:
Attachment 1 – Vicinity Map
Attachment 2 – Bid Summary
Attachment 3 – Bid Correction Memorandum
ATTACHMENT 1
FY 2024-25 MAJOR ARTERIALS PAVEMENT REHABILITATIONS FOR “BASE LINE ROAD”
From Day Creek Boulevard to Forester Place
AND
“HERMOSA AVENUE”
From Wilson Avenue to North City Limit
NOT TO SCALE
Project Site
Project Site
Project Site
Hermosa Avenue
ATTACHMENT 2
BID SUMMARY: BID DATE: July 23, 2024 APPARENT LOW BIDDER 2 3 4 5 6 7 8 FY2024-25 MAJOR ARTERIALS PAVEMENT REHABILITATION PROJECT FOR BASELINE
ROAD AND HERMOSA AVENUE
ENGINEER'S ESTIMATE Gentry Brothers Inc Oynx Paving Company Inc Matich Corporation All American Asphalt Hardy & Harper, Inc. Sequel Contractors, Inc. The R.J.Noble Company Granite Construction Company
BASE BID A- BASELINE ROAD PAVEMENT REHABILITATION PROJECT UNIT BID UNIT BID UNIT BID UNIT COST
BID UNIT
COST
BID UNIT
COST
BID UNIT BID UNIT BID UNIT BID
NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT AMOUNT AMOUNT AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 2
3 4
1 1
1 SL )lasopsid dnr a llevas ,lomagner&i lbrubg gnca igniudlcIn( nzitloiiaboM SL tnlCr oocirffTa
SL )O ylnsprmR oFa( gniktS nattorisuncCo
$150,000.00
$120,000.00
$28,000.00
$11,000.00
$150,000.00
$120,000.00
$28,000.00
$253,000.00
$50,000.00
$90,002.50
$12,000.00
$13,000.00
$50,000.00
$90,002.50
$12,000.00
$299,000.00
$99,895.96
$111,000.00
$13,333.00
$13,333.00
$99,895.96 $205,000.20
$111,000.00 $115,000.00
$13,333.00 $37,000.00
$306,659.00 $13,200.00
$205,000.20 $110,000.00
$115,000.00 $180,000.00
$110,000.00 $125,246.00
$180,000.00 $150,000.00
$125,246.00 $200,000.00
$150,000.00 $162,800.00
$15,000.00 $15,000.00
$460,000.00 $13,000.00
$200,000.00 $230,000.00
$162,800.00 $70,000.00
$15,000.00 $16,000.00
$299,000.00 $17,000.00
$230,000.00 $91,000.00
$70,000.00 $127,000.00
$16,000.00 $20,000.00
$391,000.00 $19,000.00
$91,000.00
$127,000.00
$20,000.00
$437,000.00
$37,000.00 $15,000.00
$21,000.00
$15,000.00 $15,000.00
32 AE teta erd egducnneiltudlbeuSrc rt , wa rafceIng ncaginpninmiR taaescCttsrP CAc suncCo $20,000.00 curb, sidewalks, curb and gutter, spandrel, asphalt pavement slot patch, adjustment of any utilities within the proposed ramp etc. per each corner details on appendix complete in place. (Excluding pedestrian push button work).
$303,600.00 $483,000.00
5 6
15 FL utRwdn ,evaaS c,lomganiudlcIn sntoiaciefipS ”ttdnr6A C cCa suncuCerP osnbralP Disposal of Existing Curb and Gutter
$70.00 $3,570.00
$2,000.00
$80.00 $4,080.00 Corrected
$10,000.00
$66.00 $3,366.00
$8,000.00
$127.00 $6,477.00
$8,400.00
$153.00 $7,803.00 $100.00 $5,100.00 $130.00 $6,630.00 $120.00 $6,120.00 $111.00 $5,661.00 2 SL efrftea ofv hc atdtpl ceatahp peolmestnsa sdGn ,aon e unrtttkrme aoisuncdcr Cdoo future crosswalk @ Etiwanda Ave and baseline intersection Including Sawcut, Removal, and Disposal of Existing median nose
$1,000.00 $5,000.00 $4,000.00 $4,200.00 $13,800.00 $27,600.00 $8,000.00 $16,000.00 $7,000.00 $14,000.00 $15,000.00 $30,000.00 $13,700.00 $27,400.00 7 8
9 10
11 12
007,65 YS eP l nliralM P d”l2C o $4.00
$140.00
$10.00
$1,000.00
$500.00
$8,000.00
$226,800.00
$940,800.00
$140,500.00
$31,000.00
$41,000.00
$64,000.00
$0.55
$120.00
$3.50
$800.00
$120.00
$8,500.00
$31,185.00
$806,400.00 Corrected
$49,175.00
$24,800.00
$9,840.00
$3.33
$127.00
$4.20
$2,000.00
$55.00
$188,811.00
$853,440.00
$59,010.00
$62,000.00
$4,510.00
$3.05
$140.00
$4.00
$1,800.00
$103.00
$4,500.00
$172,935.00
$940,800.00
$56,200.00
$55,800.00
$8,446.00
$3.08
$133.00
$4.90
$1,620.00
$110.00
$4,500.00
$174,636.00
$893,760.00
$68,845.00
$50,220.00
$9,020.00
$3.50
$125.00
$8.00
$1,200.00
$250.00
$4,500.00
$198,450.00
$840,000.00
$112,400.00
$37,200.00
$20,500.00
$36,000.00
$2.65
$135.00
$6.25
$2,000.00
$1,500.00
$4,500.00
$150,255.00
$907,200.00
$87,812.50
$62,000.00
$123,000.00
$36,000.00
$5.50
$130.00
$3.50
$1,350.00
$165.00
$4,550.00
$311,850.00
$873,600.00
$49,175.00
$41,850.00
$13,530.00
$36,400.00
$3.40 $192,780.00
027,6 NT etRl buOb ahprxvi”H t2AsM AoeR( H)yrMal
050,41 FS ”er r3d dnedntivag hp laulFpew tDi vh-AC Ga-20PP 41e6emetnP rD e“ lA”ita 13 AE G herdsinaiF etl oohnsaM tgnisixtE usjAd
$175.00 $1,176,000.00
$4.50
$3,200.00
$450.00
$63,225.00
$99,200.00
$36,900.00
$33,600.00
28 AE teaW rvltgniV vaC esdiGno heaxe nCr dsainairF tt E ousjAd 8 AE elep od np da eylbsmB heAs nuPt tuesotPdg nraoseirBn d llullaaltwaosPn i dna hurFsin and Associated Conduit and Cables for a Fully Operational Pedestrian Push Button, per Caltrans Std. Plan ES-5C, ES-7A, Including Removing and Capping of Existing Push Button
$68,000.00 $4,900.00 $39,200.00 $36,000.00 $36,000.00 $4,200.00 13 14
8 1
AE eylbsmB heAs nuPt eRrt euevsodntPdg encrwo a aoamtseierBlnid hlptgnulaailew soiP x Fully Operational Pedestrian Push Button in the Existing Traffic Signal Pole. $1,000.00 $8,000.00 $1,500.00 $12,000.00
$90,000.00
$1,300.00 $10,400.00 $920.00 $7,360.00 $900.00 $7,200.00 $1,000.00 $8,000.00 $900.00 $7,200.00 $920.00 $7,360.00 $850.00 $6,800.00 SL dna tssop tgnie sti noxtoialltasni sngits ,sop dna sngiS ,tS gnripitcisehaT lprcoirffmTa streetlights and Markers, per plan and City & Caltrans Std. Plan complete in place (All Striping Including Lane Lines, Legends, Symbols, Limit Line & Crosswalks, shall be Thermoplastic)
$120,000.00 $120,000.00 $90,000.00 $77,000.00 $77,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $100,000.00 $100,000.00 $87,000.00 $87,000.00 $72,000.00 $72,000.00 $85,500.00 $85,500.00 15 16
17 18
2 AE ngiS ntoiacitfNi nottorisuncC loltasIn $1,500.00
$15.00
$3,000.00
$100,000.00
$3,000.00
$36,960.00
$6,000.00
$1,000.00
$11.00
$2,200.00
$77,000.00
$2,000.00
$27,104.00
$4,400.00
$2,800.00
$11.11
$7,700.00
$55,500.00
$5,600.00
$27,375.04
$15,400.00
$1,930.00
$11.00
$7,500.00
$3,860.00
$27,104.00
$15,000.00
$106,000.00
$2,260.00
$11.00
$7,500.00
$52,800.00
$4,520.00
$27,104.00
$15,000.00
$105,600.00
$2,500.00
$11.00
$7,000.00
$50,000.00
$5,000.00
$27,104.00
$14,000.00
$2,500.00
$10.00
$7,000.00
$5,000.00
$24,640.00
$14,000.00
$1,100.00
$16.00
$8,000.00
$2,200.00
$39,424.00
$16,000.00
$2,300.00
$9.00
$7,000.00
$4,600.00
$22,176.00
$14,000.00
$70,000.00
464,2 FS G pirkS etciesehaTe lB nlkpleitrdr saoTld nimetsIna aetemP asntntSr ganrlipp i 2 2
AE tsor Rdnevoa omesptumt rs egniudlecni
AE eelpmect.dVteD ioalelletpo ensPa ci ,nmsyInSr antleP toic $200,000.00 $154,000.00 $111,000.00 $53,000.00 $100,000.00 $50,000.00 $100,000.00 $55,000.00 $110,000.00 $35,000.00 TOTAL BASE BID A AMOUNT: $2,374,630.00 $1,743,986.50 Corrected $1,996,000.00 $2,184,982.20 $2,295,308.00 $2,270,000.00 $2,301,537.50 $2,316,509.00 $2,512,842.00
BASE BID B - HERMOSA AVENUE PAVEMENT REHABILITATION PROJECT UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID
NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 2
3 4
1 1
1 4
SL )lasopsid &,gnir ugndrliebvubeg- ,clnloirmagnca igniudlcIn( nzitloiiaboM SL tn lCr oocirffTa
SL )O ylnsprmR oFa( gniktS nattorisuncCo
AE teta erd gednucneilutdlbeuSrc rt , wa rafceIn gncagipnninmiR taaescCttsrP CAc suncCo curb, sidewalks, curb and gutter, spandrel, asphalt pavement slot patch, adjustment of any utilities within the proposed ramp etc. per each corner details on appendix complete in place. (Excluding pedestrian push button work).
$60,000.00
$50,000.00
$20,000.00
$11,000.00
$60,000.00
$50,000.00
$20,000.00
$44,000.00
$20,000.00
$74,875.93
$6,000.00
$14,000.00
$20,000.00
$74,875.93
$6,000.00
$56,000.00
$27,000.00
$88,000.00
$6,542.79
$13,333.00
$27,000.00 $107,000.00
$88,000.00 $44,000.00
$107,000.00
$44,000.00
$6,500.00
$26,000.00
$45,000.00
$3,500.00
$21,100.00
$26,000.00
$45,000.00
$3,500.00
$84,400.00
$50,000.00
$55,920.50
$5,000.00
$20,000.00
$50,000.00 $55,000.00
$55,920.50 $55,000.00
$55,000.00 $100,000.00
$55,000.00 $40,000.00
$100,000.00 $33,000.00
$40,000.00 $26,291.10
$33,000.00
$26,291.10
$6,542.79 $6,500.00 $5,000.00 $4,000.00 $4,000.00 $3,500.00 $3,500.00 $6,600.00 $6,600.00 $53,332.00 $14,500.00 $58,000.00 $80,000.00 $17,000.00 $68,000.00 $15,000.00 $60,000.00 $25,000.00 $100,000.00 5 6
7 8
9 734,12 YS eP lnliralM P d”l2C o
085,2 NT etRl buOb ahprxvi”H t2AsM AoeR( H)yrMal
$4.00
$140.00
$1,000.00
$500.00
$200.00
$85,748.00
$361,200.00
$8,000.00
$1,000.00
$1,000.00
$0.55
$120.00
$800.00
$120.00
$250.00
$11,790.35
$309,600.00
$6,400.00
$240.00
$3.33
$127.00
$2,000.00
$2,000.00
$555.00
$71,385.21
$327,660.00
$16,000.00
$4,000.00
$3.40
$140.00
$1,900.00
$1,760.00
$660.00
$72,885.80
$361,200.00
$15,200.00
$3,520.00
$3.08
$131.00
$1,620.00
$660.00
$600.00
$66,025.96
$337,980.00
$12,960.00
$1,320.00
$3.50
$125.00
$1,800.00
$1,200.00
$400.00
$75,029.50
$322,500.00
$14,400.00
$2,400.00
$2.75
$135.00
$2,000.00
$800.00
$58,951.75
$348,300.00
$16,000.00
$1,600.00
$5.50
$134.00
$1,350.00
$1,980.00
$400.00
$117,903.50
$345,720.00
$10,800.00
$3,960.00
$3.70
$190.00
$2,800.00
$1,800.00
$1,400.00
$79,316.90
$490,200.00
$22,400.00
$3,600.00
8 2
5 AE G herdsinaiF etl oohnsaM tgnisixtE usjAd
AE teaW retgniM stiexvreC rmFdnoG htaeEa e rdsusinjaiArdF t o NT ecD ealL- PG-e0Pl41vp6 rmePuCtr nC ereOeo rrostoPgtn oig innoaivauiid pllecIn yral Place
$1,250.00 $2,775.00 $3,300.00 $3,000.00 $2,000.00 $1,000.00 $5,000.00 $2,000.00 $7,000.00 10 11
13 AE teaW rvltgniV vaC esdiGno heaxe nCr dsainairF tt E ousjAd $500.00 $25,000.00
$15,500.00
$25,000.00
$120.00
$14,000.00
$3,720.00
$14,000.00
$55.00
$13,000.00
$1,705.00
$13,000.00 $10,900.00
$110.00 $3,410.00
$10,900.00
$110.00
$10,800.00
$3,410.00
$10,800.00
$250.00
$10,000.00
$7,750.00
$10,000.00
$1,500.00
$9,000.00
$46,500.00
$9,000.00 $12,000.00
$165.00 $5,115.00
$12,000.00 $13,000.00
$650.00 $20,150.00
1 $13,000.00
2 SL rea nkeM Pa ldnrP .tSr a sd& Ct tlrCgsnni yinaagiS ,tS gnripitcisehaT lprcoirffmTa Complete in Place (All Striping Including Lane Lines, Legends, Symbols, Limit Line & Crosswalks Shall be Thermoplastic)
12 AE ngiS ntoiacitfNi nottorisuncC loltasIn $1,500.00 $3,000.00 $1,000.00 $2,000.00 $2,800.00 $5,600.00 $1,930.00 $3,860.00 $2,260.00 $4,520.00 $2,500.00 $5,000.00 $2,500.00 $5,000.00 $1,100.00 $2,200.00 $2,300.00 $4,600.00 TOTAL BASE BID B AMOUNT: $674,448.00 $505,876.28 $617,000.00 $689,775.80 $598,915.96 $630,000.00 $672,351.75 $703,198.50 $806,158.00 TOTAL BID (SCHEDULE A + SCHEDULE B) AMOUNT: $3,049,078.00 $2,249,862.78 Corrected $2,613,000.00 $2,874,758.00 $2,894,223.96 $2,900,000.00 $2,973,889.25 $3,019,707.50 $3,319,000.00
384 E. LIVE OAK AVENUE, IRIWINDALE, CA 91706 | 626-357-9631 | FAX 626-357-6322 July 24, 2024
Romeo David
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
SUBJECT: FY24-25 Major Arterials Pavement Rehabilitation Project Bid To Whom It May Concern:
On July 23, 2024, Gentry Brothers, Inc. submitted a bid for the FY24-25 Major Arterials Pavement Rehabilitation Project for Baseline Road and Hermosa Avenue. After submitting the Bid, we noticed mistakes on our proposal:
• Base Bid A - Bid Item #05 – Mathematical error on the Total Price, Unit Price is correct. • Base Bid A - Bid Item #08 – Did not fill out Unit Price of $120, which would give a total price of $806,400.00.
The total Base Bid A amount should be $1,743,986.50. The Bid Amount (Schedule A + Schedule B) should be $2,249,862.78.
We would like to officially request Gentry Brothers, Inc. still be considered as the apparent lowest bidder, and the Engineering Division make a recommendation to Council to award the project to Gentry Brothers, Inc.
Thank you for your time and consideration. Should you have any questions or concerns, please feel free to contact me at 626-357-9631. We look forward to receiving your response.
Respectfully,
Wayne J. Gentry
CEO, Secretary, Treasure
Gentry Brothers, Inc.
ATTACHMENT 3
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Mario Estrada, Associate Engineer
SUBJECT: Consideration to Approve a Final Map for Tract No. 20680, Located on the North Side of Base Line Road and West of Milliken Avenue at 11200 Base Line Road Commonly Known as Central Park, Related to Case No. SUBTT20680. Pursuant to the California Environmental Quality Act (CEQA), the City Certified an Environmental Impact Report (EIR) on April 7, 2021 for the Central Park Master Plan. Pursuant to CEQA Guidelines Section 15162, No Subsequent or Supplemental EIR is Required in Connection With Subsequent Discretionary Approvals of the Same Project. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Final Map for Tract No. 20680 to subdivide Central Park into 12 lots consistent with the Central Park Master Plan Phasing Map; and
2. Authorize the Mayor to sign the Owner’s Statement of the Final Map for Tract No. 20680 on behalf of the City.
BACKGROUND:
On May 8, 2024, the Planning Commission approved Tentative Tract Map No. 20680 (Case No. SUBTT20680) to subdivide approximately 100 acres of land from the current 11 lots into 12 lots. The 100.14-acre site constitutes the area designated for the Central Park Master Plan (Master Plan) which was adopted by the City Council in 1987 and most recently updated on December 21, 2017. The Master Plan extends from the area north of Base Line Road to the Pacific Electric Trail and west of Milliken Avenue to the Deer Creek Channel.
In accordance with the Master Plan, the easterly most portion of the site has been developed.
This area includes approximately 30 acres with park improvements, parking areas, and a 57,000 square foot senior and community center (Goldy S. Lewis Center).
As of the 2017 Central Park Master Plan update, approximately 70 acres of remaining land on the site have been divided into conceptual areas for proposed improvement as part of a long-term phasing plan, with each 5-to-10-acre area roughly corresponding to a planned improvement or amenity to be implemented. These phased improvements are intended to be implemented over time as funding becomes available. Currently, a portion of the southwesterly corner of the site has been developed into The Bark at Central Park, in accordance with the phasing plan. The most current version of the Central Park Master Plan update can be found on the City of Rancho Cucamonga website.
ANALYSIS:
Case No. SUBTT20680 initiated a request to subdivide the site, defined by the Central Park Master Plan, into 12 new, irregularly shaped lots corresponding to the proposed improvement areas defined in the phasing plan. As indicated in the Master Plan, public and private partnerships are expected to play a key role in funding the implementation of the Master Plan, as well as longterm maintenance of Central Park. Subdivision of the property to be more consistent with the phasing plan and with planned amenities for the park, would improve the City's ability to establish lease agreements and facilitate partnerships with private entities. Further, this subdivision would also improve the City's ability to apply for grants to fund future improvements, programs, and maintenance for Central Park. This change does not include any development or change in phases or uses shown in the approved Master Plan.
Staff has reviewed the final map submitted for Tract No. 20680 and has determined that the map is in substantial conformance with the approved Tentative Tract Map. Pursuant to Government Code Section 66458(a), approval of timely filed final maps substantially conforming to the Subdivision Map Act, local subdivision ordinances, and conditions of approval in effect at the time of the tentative map’s approval is deemed a ministerial action of the City Council.
The City Council’s approval of the subject map will authorize it’s recording.
ENVIRONMENTAL ANALYSIS:
On April 7, 2021, the City certified the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program for the Central Park Master Plan Update through Resolution No. 2021-017. The proposed subdivision does not raise or create new environmental impacts not already considered in the Environmental Impact Report (EIR) or Mitigation Monitoring and Reporting Program.
Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with sequent discretionary approval of the same project as long as there have been a) no substantial changes proposed to the projects that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewee that indicates new more severe environmental impacts; c) no new important information that shows the project will have new of more severe impacts than previously considered; and d) no additional mitigation measures are not feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts.
FISCAL IMPACT:
There is no fiscal impact directly related to the request for the subdivision. The proposed subdivision will facilitate pursuing of future grant opportunities and/or the development of public/private partnerships for the continued implementation of the Central Park Master Plan.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision and core value of intentionally embracing and anticipating our future and promotes a world class community. By subdividing this property to more accurately represent the long-term phasing plan set forth by the Master Plan, this project will increase the City's ability to facilitate the development of public/private partnerships and make it easier to apply for grants for the implementation of the Master Plan.
ATTACHMENTS:
Attachment 1 - Vicinity Map
ATTACHMENT 1
SUBTT20680
VICINITY MAP
NOT TO SCALE
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Ulises Benavente, Associate Engineer
SUBJECT: Consideration to Approve Parcel Map No. 20034 Submitted by Flatiron Development Group Located at 6140 Haven Avenue on the
Southwest Corner of Haven Avenue and Banyan Street. (CITY) RECOMMENDATION:
Staff recommends the City Council approve Parcel Map No. 20034.
BACKGROUND:
On April 26, 2023, the Planning Commission approved Case No. SUBTPM20034-1 (Project), a request to subdivide a 3.59-acre project site into two (2) parcels to create a shared parking facility, plus construct and operate a 72-bed residential care facility located at 6140 Haven Avenue, southwest corner of Haven Avenue and Banyan Street.
ANALYSIS:
The applicant, Flatiron Development Group, has submitted a parcel map for consideration of approval. Staff has determined that the parcel map is in substantial conformity with the conditionally approved Tentative Parcel Map of Case No. SUBTPM20034-1. Approval of this item by the City Council would approve Parcel Map No. 20034 and allow its recordation.
ENVIRONMENTAL ANALYSIS:
The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under as a Class 5 exemption under state CEQA Guidelines Section 15315 – Minor Land Divisions. There is no substantial evidence that the Project may have a significant effect on the environment.
FISCAL IMPACT:
No fiscal impact.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by working together cooperatively and respectfully with property owners and developers to create a vibrant city, rich in opportunity for all to thrive.
ATTACHMENTS:
Attachment 1 - Vicinity Map
ATTACHMENT 1
Case No. SUBTPM20034-1
6140 Haven Avenue
Vicinity Map NOT TO SCALE
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Jasmine Lopez, Assistant Engineer
SUBJECT: Consideration to Accept Public Improvements Located on the Southwest Corner of 6th Street and Hyssop Drive per Improvement Agreement, Related to DRC2020-00026, as Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve and accept the public improvements and their design, required for the development of DRC2020-00026 and authorize the City Engineer to file the appropriate Notice of Completion;
2. Release the Faithful Performance Bond for the associated public improvements;
3. Release the Labor and Material Bond; and
4. Waive the Maintenance Bond requirement.
BACKGROUND:
On July 22, 2021, DRC2020-00026 was approved by the Planning Commission for the development of a 22,870 square foot commercial warehouse building on a lot with an area of
1.08 acres, located in the general industrial district on the southwest corner of 6th Street and Hyssop Drive. An improvement agreement and securities were approved by the City Council on September 15, 2021, to ensure construction of the required public improvements.
ANALYSIS:
All public improvements required of this development have been completed to the satisfaction of the City Engineer.
Prior to the construction of the public improvements the developer, Chase Partners LTD, submitted the following securities to ensure satisfactory completion of the improvements:
Faithful Performance Bond $ 90,400 Bond #4448882
Labor and Material Bond $ 90,400 Bond #4448882
City staff conducted a final inspection of the public improvements in May of 2023 and confirmed all work was completed to City standards. Typically, a separate Maintenance Bond in the amount of 10% of the Faithful Performance Bond would be submitted to the City once work is completed, however in this case the developer did not provide a Maintenance Bond to the City; therefore, the
Faithful Performance Bond was retained for the satisfactory period (one (1) year from the final inspection). City staff has confirmed the improvements have remained in good workmanship and free of defects, City staff recommends the Maintenance Bond requirement be waived.
With the completion of the improvements, the Faithful Performance and Labor and Material bonds are no longer required.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the maintenance of highquality improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
ATTACHMENT 1
Case No. DRC2020-00026
Vicinity Map
NOT TO SCALE
Project Site
DATE: August 21, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Micah Martin, Public Works Services Director Richard Favela, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Associate Engineer
SUBJECT: Consideration to Accept the Concrete Rehabilitation Project FY 23-24 as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the Concrete Rehabilitation Project FY 23-24, Contract No 2024-116, as Complete.
2. Approve the final contract amount of $634,178.83.
3. Authorize the release of the Faithful Performance Bond.
4. Authorize the release of the Labor and Materials Bond in the amount of $617,512.55, six months after the recordation of said notice if no claims have been received.
5. Authorize the Public Services Director to file a Notice of Completion and release of said retention in the amount of $31,708.94, 35 days after acceptance.
BACKGROUND:
The Concrete Rehabilitation Project FY 23-24 scope of work consisted of the removal and replacement of existing concrete sidewalks, curbs and gutters, drive approaches, asphalt pavement and other related items of work. Pertinent information of the project is as follows:
Budgeted Amount: $696,720.00
Publish Dates for Local Paper: February 13, 2024 and February 20, 2024 Bid Opening: March 12, 2024
Contract Award Date: April 17, 2024
Low Bidder: Gentry General Engineering, Inc.
Contract Amount: $617,512.55
Contingency: $79,207.45
Final Contract Amount: $634,178.83
Difference in Contract Amount: $16,666.28 (2.70%)
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director.
The net increase in the total cost of the project is a result of additional sections of damage concrete sidewalk being removed and replaced.