technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.2 Contractor's Basic Obligation: Scope of Work. Contractor promises and agrees, at its own cost and expense,to furnish to the City all labor, materials,tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit"C" attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price,then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of ten percent (10%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space,any materials,or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A)Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive.To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven(7)days of receiving the Work Directive. If any costs are not capable of being determined within seven (7)days,then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
(B)Changes Requested By Contractor.With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and 2
circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor's right to a change order. If any costs are not capable of being determined within seven(7)days,then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data,for substitution of any"or equal"material, process or article no later than thirty-five (35)days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five(35)days after award of Contract. Provisions regarding submission of"or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material,process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an"or equal"material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal"material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages.
3.3.1 Contractor shall perform and complete all Work under this Contract within 60 days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as 3
part of Exhibits "A" or"B" attached hereto, or may be provided separately in writing to Contractor.
Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of two hundred fifty dollars ($250.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor's sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
3.3.3 A Force Majeure Event shall mean an event that materially affects a party's performance and is one or more of the following: (1)Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, 4
salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers'compensation insurance
3.5.1 PERS Eligibility Indemnification. In the event that Contractor or any employee,agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to,any compensation, benefit,or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
3.6 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of one hundred thirty-eight thousand seven hundred sixty-five Dollars ($138,765.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. The City Manager may approve Additional Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00).
Any additional work in excess of this amount shall be approved by the City Council.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be
5
required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3)defective Work not remedied; (4)stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c)of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings&loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and 6
Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.8 Labor
3.8.1 Prevailing Wages. 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 the performance of other requirements on "public works" and "maintenance" projects. Since the Work is 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. 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 Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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. Contractor and any subcontractor shall forfeit a penalty of up to$200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight(8) hours in any one calendar day and forty(40) hours in any one calendar week, 7
except when payment for overtime is made at not less than one and one-half(1-1/2)times the basic rate for that worker.
3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review,fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.8.6 Labor Compliance: Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 8
3.9 Performance of Work; Jobsite Obligations.
3.9.1 Water Quality Management and Compliance.
3.9.1.1 Compliance with Applicable Water Quality. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.9.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.
3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification 9
provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, 10
Contractor shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.9.5 Trenching Work. If the Total Contract Price exceeds$25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five(5)feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards,the plan shall be prepared by a registered civil or structural engineer.
3.9.6 Hazardous Materials and Differing Conditions.As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2)subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2)removing or relocating underground utility facilities not indicated in the construction drawings;and (3)equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.
3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
11
3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work.Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances-time or money-will be allowed as to such matters.
3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City,the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.11 Claims.Government Code Claim Compliance.
3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3)days after commencement of the disputed work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.
3.11.3 Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor for:
3.11.3.1 An adjustment to the time for completion including, without limitation,for relief from damages or penalties for delay assessed by the City; 12
3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or
3.11.3.3 An amount the payment of which is disputed by the City.
A"Claim"does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: "THIS IS A CLAIM." The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.
3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format:
3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made
3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications(Requests for Information)
(D) Schedules
(E) Other
3.11.5.3 Chronology of events and correspondence
3.11.5.4 Narrative analysis of claim merit
3.11.5.5 Analysis of Claim cost, including calculations and supporting documents
3.11.5.6 Time impact analysis in CPM format
13
3.11.6 City's Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.
3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City's governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City's governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City's written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation,whichever is greater.
3.11.7 Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation,with the City and the Contractor sharing the associated costs equally.The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or 14
by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.
3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing,the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.11.9 Procedures After Mediation. If following the mediation,the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.
3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of$375,000 or less:
3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5(commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure, (A)arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
3.11.11 Government Code Claim Procedures.
3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 15
3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.
3.11.11.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.
3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.11.12 Non-Waiver. The City's failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section.
3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.13 Indemnification.
3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
16
3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.14 Insurance.
3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage(occurrence form CG 00 01)OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor);(2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders'IA/1Risk: Builders'/AII Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support(and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability:
$1,000,000 MINIMUM per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability:Workers'compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 MINIMUM each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) 17
Builders'A/1Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.14.2.3 Notices: Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall,within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced,the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.14.3.1 General Liability. (1)Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.
3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.
3.14.3.3 Workers'Compensation and Employer's Liability Coverage.The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
18
3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1)coverage shall not be suspended,voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.14.4 Builders'/All Risk Policy Requirements. The builders'/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.The City shall accept coverage under the Contractor's installation floater in lieu of the Contractor securing builder's risk insurance.
3.14.5 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain,for a period of five (5)years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 MINIMUM per occurrence. Defense costs shall be paid in addition to the limits.
3.14.7 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1)the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. In the event of a c I a i m , the City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.14.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 0413 or endorsements providing the exact same coverage. All coverages 19
for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.14.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.15 Bond Requirements.
3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit"C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.15.2 Performance Bond. If specifically requested by City in Exhibit"C"attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.15.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty(30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten(10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City.To the extent,if any,that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for
cause.
3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year(or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work,whichever is later) after the date of final acceptance, Contractor shall within ten(10)days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition,Contractor shall, at its sole cost and expense, repair and replace any
20
portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City,the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.17 Employee/Labor Certifications.
3.17.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.18 General Provisions.
3.18.1 City's Representative. The City hereby designates the Recreation & Community Services Supervisor, Meghan Meade, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
21
3.18.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (-Contractor's Representative"). Following approval by the City, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.
3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. Upon receipt of a notice of termination, Contractor shall immediately cease all work, except for such activities as may be directed by the City. Contractor shall take all reasonable steps to secure and protect the Project, including but not limited to the materials and equipment, and to minimize costs associated with the termination. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor.
Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 22
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Musco Sports Lighting, LLC.
211 2nd Avenue West
Oskaloosa, IA 52577
Attn: James Hansen,Secretary
CITY:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.18.10 Laws:Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
23
3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Work.
3.18.15 Certification of License.
3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.
3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.18.17 Entire Contract: Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.18.19 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
3.18.20 Fleet Compliance.
24
3.18.20.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board ("CARB") including,without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). A Fleet Compliance Certification Form is attached hereto as Exhibit "H" and incorporated herein by this reference.
3.18.20.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City.
3.18.20.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
25
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT BETWEEN THE CITY OF UPLAND AND MUSCO SPORTS LIGHTING, LLC.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the date first written above.
CITY OF UPLAND MUSCO SPORTS LIGHTING, LLC.
APPROVED BY:
Signature
Michael Blay SheJi Herr
City Manager Name
ATTESTED BY: President
Title
Keri Johnson
City Clerk
APPROVED AS TO FORM: Signature
James Hansen
Best Best& Krieger LLP Name
City Attorney
Secretary
Title
Electrical Permit C-10 (797757)
Contractor's License Number and
Classification
1000004278
DIR Registration Number
26
EXHIBIT A-1
SCOPE OF SERVICES
P, w g
- North Fields -
__
-. {
A • 0 0 4.14341__
•I I I 71:5-•
i Y
•
South Fields
•
Retrofit (12):0' existing light poles at Cabrillo Park North fields Install (36)TLC LED NR550 LED Factory-aimed and assembled luminaries Musco Responsibilities:
1. Provide required TLC550NR Fixtures. Plate mounted brackets (Smash Brackets)will be provided,
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Assist our installing subcontractor and ensure our responsibilities are satisfied,
5. Musco shall provide prevailing wages for any installation activities.
6. Musco does riot have any service fees for an Electrical Engineer should project plans be required.
Discuss if this service will be required.
Exhibit A- 1
EXHIBIT A-2
SCOPE OF SERVICES CONT.
Musco Subcontractor Responsibilities
General:
1. Provide labor, equipment,and materials to off load equipment at jobsite per scheduled delivery.
2. Provide storage containers for material(including electrical components enclosures),as needed.
3. Provide necessary waste disposal and daily clean up.
4. Provide adequate security to protect Musco delivered products from theft,vandalism or damage during the installation.
5. Obtain any required no fee permitting as directed by the city of Upland(if required).
6. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked in order to avoid damage from construction equipment. Repair any such damage during construction.
7. Keep all heavy equipment off playing fields when possible. Ace Electric shall confirm a equipment travel plan to the city of Upland for coordination purposes. Repair damage to grounds which exceeds that which would be expected.
8. Provide startup and aiming as required to provide complete and operating sports lighting system.
9. Installation to commence upon delivery and proceed without interruption until complete. Musco to be immediately notified of any breaks in schedule or delays.
10. Ace Electric shall review and notify the city of Upland if any of the existing light poles are not grounded.
Confirmed at the project site meeting held 4/8/26. Each pole will be grounded. See Electrical item#5.
Electrical:
1. Utilize Existing Lighting Control.Site Voltage 480v 1p.
2. Utilize existing conduit,and power conductor's.
3. Provide as-built drawings on completion of installation,(if required).
4. Provide megger testing for each power feeder when finished with the installation activities.
5. Add(1x)Ground Rod per existing pole, or twelve total.
Control System:
1. Utilize Existing Lighting Control.
Exhibit A- 2
EXHIBIT A-3
SCOPE OF SERVICES CONT.
CODE OF CONDUCT
In order to maintain a high-quality jobsite and installation,Subcontractor represents to Musco that it has the supervision necessary to,and shall train,manage,supervise,monitor,and inspect the activities of its employees far the purpose of enforcing compliance with these safety requirements.Subcontractor acknowledges that Musco does not undertake any duty toward Subcontractor's employees to train,manage,supervise, monitor, and inspect their work activities for the purpose of enforcing compliance with these safety requirements, but Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to safety.
Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco and the Owner,including, but not limited to the Occupational Safety and Health Act of 1970(OSHA),all rules and regulations established pursuant thereto, and all amendments and supplements thereto.
Subcontractor further agrees to require all its employees,subcontractors,and suppliers to comply with these requirements.Subcontractor shall also observe and comply with all laws with respect to environmental protection applicable to the Project.
Subcontractor shall require all its subcontractors,employees,visitors,suppliers,and agents under its direction to comply with the fallowing:
1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a. Subcontractor's employees and agents shall be required to wear appropriate personal protective equipment including,but not limited to,safety glasses with side shields,work shoes,fall protection devices,and hard hats.
b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a lower level,Subcontractor shall use guardrail systems,safety net systems,or personal fall arrest systems.
c. Jobsite shall be kept free of debris including,but not limited to,cardboard and packing materials which can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create inconvenience to others using the jobsite.
e. Subcontractor shall provide for and ensure the use of safety equipment for the Project in accordance with Musco's and Owner's safety requirements,to the extent these may be stricter than federal,state, or local standards,or generally recognized industry applicable standards. f. Subcontractor shall provide the Musco project manager with an"Emergency List"showing Subcontractor's designated medical doctor, hospital,insurance company, and any other health service providers,such list to be updated within 24 hours of any change in the information provided. g. Within eight(8)hours from the time of an accident(or such shorter period as laws may require), Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any equipment or facility.Upon request,Subcontractor shall promptly furnish Musco with a written report of any such accident as well as a copy of all insurance and worker's compensation claims involving the Project.
Exhibit A- 3
EXHIBIT A-4
SCOPE OF SERVICES CONT.
h. Subcontractor shall maintain and inspect all construction equipment,including cranes and other lifting equipment, prior to each use.Subcontractor warrants that all equipment operators shall be qualified for each piece of construction equipment they intend to operate. Documentation of specific training is the responsibility of the Subcontractor.
i. Jobsite shall be policed daily for compliance to the above conditions. j. Subcontractor's employees and agents are prohibited from using drugs and alcohol on the Project property or being under the influence of alcohol or drugs while performing work on the Project.Anyone observed participating in or observed under the influence will be removed from the Project immediately and prohibited from returning,with no exceptions.
2. CONFORMANCE TO STANDARD MLJSCO INSTALLATION GUIDELINES. a. Review and understand installation instructions are provided with every product installation. b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure. c. Verify that components have been assembled per Musco installation instructions.
3. PROVIDING A QUALITY INSTALLATION TEAM.
a. Subcontractor's work directly reflects the quality of the installation and may indirectly relate to the quality of the product upon which Musco's reputation is built. b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product. d. All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco,also by and between Musco and the customer,and act accordingly.
Exhibit A- 4
EXHIBIT B-1
CONTRACTORS BID
Quote
Date:April 9,2026 Rev. Project: Cabrillo Park Soccer To: Jacobb Cortez Upland,California
Recreation Coordinator,City of Upland Ref:222666 Quote Price—Cabrillo Park Soccer Lighting Materials and Installation Services Cabrillo Park North Soccer Fields Existing 30'Poles Retrofit Lighting Project: $128,600.00 Sales Tax 7.75%Estimated(confirm at time of order) $9,455.00 Bonding $710.00
Project Total $138,765.00
Cooperative Purchase Agreement
Sourcewell Master Project:100030
Contract Number:041123-M SL,Expiration:06/16/2027
Category:Sports lighting with related supplies and services All purchase orders should note the following:
Sourcewell Purchase-Contract Number:041123-MSL
Sales tax-see line item. Bonding-not included-see adder Pricing furnished is effective for 90 days unless otherwise noted and is considered confidential_ Retrofit Lighting System-North Soccer-12x existing 30'light poles Soccer Field Size-Soccer 1,2,3=250'x 150'
Lighting Performance
Light levels of 10-15 footcandles with a uniformity of 10:1 or better.
System Description—Retrofit System
▪ Utilizing the existing(12)30 light poles. N1 through 1412 • (36)TLC LED NR550 LED Factory-aimed and assembled luminaries ConslructionNote#1:Utilize the existing lighting control system,and electrical panel The panel size,and electrical information has not been reviewed by an electrical engineer. The electrical circuits have not been activated to see if the existing light fixtures are operational_ Construction Note 1f3:Utilize the existing structure. Musco does not provide structural analysis on this type of retrofit.
Operation and Warranty Services
• Product assurance and warra ity program that covers materials and onsite labor, eliminating 100%of your maintenance costs'Cr 10 years
Payment Terms
Musco's Credit Department will provide payment terms. Please send purchase order through the Sourcewell Orgainization_
WiaCt3
CHIN,2017 likum EpTl IJII0 5,LLC M.20384i109.5 Exhibit B-1
EXHIBIT B-2
CONTRACTORS BID CONT.
Quote
Derneery Timing
4-8 weeks for delivery of materials to the job site from the time of order,submittal approval,and confirmation of order details including voltage,phase,and pole locations. Due to the built-in custom light control per luminaire,pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result in additional charges.
Notes
Quote is based on:
• Shipment of entire project together to one location • Confirm Site Voltage and Phasing- 48Ov ip_ Preconstruction meeting will be conducted with the city to confirm_ Preconstruction meeting held on site 4f8f2l.
• See Musco Lighting Design 222666A dated October 26,2022_ • Confirmation of pole locations prior to production-Contractor to survey_ Each light pole has coordinates listed on the Musco Lighting Design-confirm prior to production release_ • Musco Lighting shall provide a construction schedule during the submittal process for city review.
Exhibit B-2
EXHIBIT C
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit "G" to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
Exhibit C-1
EXHIBIT D
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq.. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
MUSCO SPORTS LIGHTING, LLC.
By:
natur
James M. Hansen
Name (Print)
Secretary
Title (Print)
Exhibit D- 1
EXHIBIT E
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1,all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations_ See httpJlwww_dir_ca_gov1Public- WorkslPublicWorks.html for additional information_
No bid will be accepted nor any contract entered into without proof of the contractors and subcontractors' current registration with the Department of Industrial Relations to perform public work_
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Jndustrial Relations.'
Name of Contractor Musco Sports Lighting, LLC
DIR Registration Number: 100000427E
DIR Registration Expiration: 613012028
Small Project Exemption: Yes or X No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project_ 2_ Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of Lid opening and maintain registration status for the duration of the project 3_ Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Conira : f 1 ports Lighting, LLC
Signature:
Name and T e: James N1.Hansen_ Secretary
Dated_ 411 26
' tithe Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1: please mark"Yes' in response to"Small Project Exemption."
Exhibit E- 1
EXHIBIT F
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the 'Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s)("Fleet°)is true and correct:
X The Fleet is subject to the requirements of the Regulation, and the appropriate Certificates)of Reported Compliance have been attached hereto. = The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles,and reasoning for exemption has been attached hereto. = Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel(i.e_third party correspondence or vendor bids).
= The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained,pursuant to section 2449(i)(4)_ = The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder Musco Sports Lighting, LLC
Signature. rJ
Name: James M.Hansen
Title: Secretary
Date: 411712026
Exhibit F- 1
EXHIBIT F
r
,..r•Y, a 5rp'1:-r{.T _r.17 a, .'l, 4r..I� r a, s�! a. .toora. A,Tiofft. -r. :: !!� '+a' li rh S'4d r e. 11'4`�l upiv, 5''f7r'If .- 9 1 l: 411ok11 4T. #fivol Fr `-; -.'r. �.'�, f :.ti �r�jg°1 rya. s'�5* kr �. i ti' +t r t � 1U hph �,'�`�r�.�r,� 1p'F�hr r� �p5 l7y 5'nY` �y 3' .-,.-,,.-� ,�:y IR'r n4::tti� I r,,�1Y 1�{rlOW7�''S 111R: 'S C`1'+'� '•0'47 IN144,\V;7 1�{M -..- 11�S1110e4 l., r �k r:� •4 ��fk�'Y$, yell-- ��f��. ,Ipl jA.�. - �4!•' �s� ��S' 1Y v�''r: �i `a.s }, California En ronrnental Protection Agency `; :
„Awe' Air Resources Board -r:
it( -..„. January 1, 2026 ` . . z 4 ii....„ .„. ,,
.„,,,,,.,...,
CERTIFICATE OF REPORTED COMPLIANCE -
1 . s
OFF-ROAD DIESEL VEHICLE REGULATION 6I . _�
Is
is issued to ,,;, '
>f: ;;
lei
ACE ELECTRIC, INC tip. ,
The cerlircete in litatesihatthe leebaled above has reported oft-road desel vehicles to the : .
1. California Air Rasoumas 6oardaridhas certified they are in complance wth title 13 CCP, r`+•t' - - section 2449 All applicable vehicles owned by the individual.compel-ivor agency cruet be - '- reported end labeled,as specified in Section 2449.with MI ooastie completerees,else this * ceddleateFSnull and wd Certificate expires 2/28/2027 •
r - l-,I::..
: -
-1 7
}
7/ A e7 Ofi-rood❑emi Fleet IdenliFcation
_ j 187492 'k
I_.
k:-. lkeMp `Fr
1 IMO,X.h11.,47 in•:nrlrnllInis,rr� '�' [rlil[rr,Ar Xmxrrn tloorX To vorlre Ih ou1lwMolrl dlftic[retie cod,oMsl'ho r••i:.s.o' •' ' .ti t rh1tpJMvrrr.erb.ce-goyfdooraka.mpi ance_eerl 1.Mlml r+-luge 4 f ` r r , f �:r eIF 1.:1y 's *• .J II`14 ; .i -.fir L„ `�tiV..�.r4h y' N0 "iI y, 'ir. k Ik :
'`, •�4�rN 5 t- r j r Wf p,�e 5r4y� �r +r g Js: _r� 11'` � r { a.�f..
Exhibit F- 2
EXHIBIT G
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter designated as the "City"), by action taken or a resolution passed May 11, 2026, has awarded to Musco Sports Lighting, LLC. hereinafter designated as the "Principal," a contract for the work described as follows: Cabrillo Park Lighting Project (the "Project"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 11, 2026, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of one hundred thirty-eight thousand seven hundred sixty-five Dollars ($138,765.00) lawful money of the United States of America, 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.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, Exhibit G-1
EXHIBIT G
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Exhibit G-2
EXHIBIT G
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed by the Contractor/Principal.
Exhibit G-3 Page 155 of 1000
EXHIBIT G
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BONDI
Exhibit G-4 Page 156 of 1000
EXHIBIT G
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N.
Euclid Avenue, Upland, California 91786 (hereinafter referred to as the "City") has awarded to Musco Sports Lighting, LLC., (hereinafter referred to as the "Contractor") an agreement for Cabrillo Park Lighting Project (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 11, 2026, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Musco Sports Lighting LLC., the undersigned Contractor and as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of one hundred thirty-eight thousand seven hundred sixty-five DOLLARS, ($138,765.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Exhibit G-6
EXHIBIT G
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Exhibit G-7
EXHIBIT G
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges is $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
Exhibit G-8
EXHIBIT G
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Exhibit G-9 Page 160 of 1000
EXHIBIT G
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
Exhibit G-10
EXHIBIT H
Project Submittal: Approval Letter
May 8, 2026
Jacobb Cortez
City of Upland
651 W 15th Street
Upland, CA 91786
RE: Cabrillo Park LED Retrofit
Project#222666
Dear Jacobb Cortez
This serves as approval for submittals provided by Musco Sports Lighting, LLC. Please review the enclosed documents and note changes where appropriate. Upon your approval, we can begin fabrication of the materials for your project. Any changes may result in delay of production, delivery, and additional costs.
Please verify the accuracy of the following items and return a signed copy of this Submittal Approval:
• Voltage to pole requireme, 4o-
• Phase to enclosure:
We shall deliver equipment to the job site 8 - 10 weeks, after submittal approval or release of order.
Please indicate uf-approval of these submittals in their entirety by signing below.
Adthorized Signature Date
Printed Name Company Name
Please return one copy of this form to:
Musco Sports Lighting, LLC
211 2nd Ave West
Oskaloosa, Iowa 52577
Toll Free: 800-825-6020
Email: [email protected]
OCCO
muSCD
EXHIBIT H-1
EXHIBIT H
MUSCO LIGHTING SUBMITTAL FOR PRODUCTION
PREPARED FOR:
Cabrillo Park LED Retrofit
Lighting Project
Upland, CA
May 8, 2026
Project #222666
Submitted by:
Musco Sports Lighting, LLC
Attn: Holly Bogatzke
211 2ndAveWest CCOO
Oskaloosa, Iowa 52577
Toll Free: 800-825-6020 MUSi.
f
f"
We Make It Happen.
This information Is provided by Musco exclusively For this project.Reproduction or distribution of the enclosed documents or information withough the written permission of Musco Sports Lighting.LW is prohibited. M-1164-enUS-5
EXHIBIT H-2 Page 163 of 1000
EXHIBIT H
TABLE OF CONTENTS
OHO
MUSCO
Cabrillo Park LED Retrofit
EXHIBIT H-3 Page 164 of 1000
EXHIBIT H
Project Submittal: Table of Contents
A. BILL OF MATERIALS
B. SCOPE OF WORK
C. LIGHTING DESIGN
D. WARRANTY
E. PRODUCT INFORMATION
COCO
musco
EXHIBIT H-4 Cabrillo Park LED Retrofit.222666
EXHIBIT H
A. BILL OF MATERIALS
CDCM
musco.
Cabrillo Park LED Retrofit.222666
EXHIBIT H-5 Page 166 of 1000
EXHIBIT H
Project Submittal: Bill of Materials
Equipment Description
36 SportsCluster®System Total Light ControFTLC-LED-550NR luminaires Factory wired and assembled pole top luminaire assemblies Factory wired electrical component enclosures
Factory built wire harnesses with plug-in connections
Warranty
Musco's Constant 10Tm - Maintenance product assurance and warranty program that eliminates 100% maintenance cost for 10 years, including labor, materials, and guaranteed light levels.
MOO O Cabrillo Park LED Retrofit, Project#222666 111111111111.1=1.11116whi:1911-enUS-12.4111 EXHIBIT H-6 Page 167 of 1000
EXHIBIT H
B. SCOPE OF WORK
000D
musco
Cabrillo Park LED Retrofit.222666
EXHIBIT H-7 Page 168 of 1000
EXHIBIT H
Scope of Work: Light-Structure System' - Retrofit
Cabrillo Park LED Retrofit
Upland, CA
Retrofit Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction using standard 2-wheel drive rubber tire equipment.
2. Locate existing underground utilities not covered by your local utilities (Le. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities.
3. Locate and mark field reference points per Musco supplied layout (i.e. home plate, center of FB field).
4. Ensure usability of existing underground wiring.
5. Pay any necessary power company fees and requirements.
6. Pay all permitting fees.
7. Provide any existing as-built documents or drawings.
8. Provide sealed Electrical Plans (if required).
Musco Responsibilities:
1. Provide required fixtures, electrical enclosures, mounts, hardware, wire harnesses, and control cabinets.
2. Provide poletop luminaire assembly on 12poles,
3. Provide fixture layout and aiming diagram.
4. Provide Project Management as required.
5. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Subcontractor Responsibilities
General:
1. Obtain any required permitting.
2. Contact your local UDig for locating underground public utilities and confirm they have been clearly marked.
3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities.
4. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery.
5. Provide storage containers for material, (including electrical components enclosures), as needed.
6. Provide necessary waste disposal and daily cleanup.
7. Provide adequate security to protect Musco delivered products from theft, vandalism, or damage during the installation.
8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair.
9. Provide startup and aiming as required to provide complete and operating sports lighting system.
10. Installation to commence upon delivery and proceed without interruption until complete. Musco to be immediately notified of any breaks in schedule or delays.
11. Complete and submit Musco provided closeout checklist including required pictures. 0000
musco7
EXHIBIT H-8 M-3453-en04-13
EXHIBIT H
Scope of Work: Light-Structure System' - Retrofit
Demolition:
1. Remove and dispose of the existing fixtures, and electrical enclosures. This will include the recycling of lamps, aluminum reflectors, ballast, and steel, as necessary.
2. Leave existing ground wires and power feed in place for connection to new lighting equipment.
Retrofit Musco Equipment to Existing Poles:
1. Provide labor, materials, and equipment to assemble and install Musco TLC for LED'equipment on existing poles and terminate grounding and power feed. Power feed may need to be reworked to adapt to the new Musco equipment.
2. Ensure grounding components meet minimum standards required by NEC and NFPA780.
3. For concrete poles, provide new lightning down conductor(aluminum) and 5/s in copper ground rod. For poles 75 ft (22 m) or less use 1/0 AWG, poles over 75 ft(22 m) use 4/0 AWG conductor. Bond internal pole ground to new down conductor.
4. For steel poles, provide new ground rod and pole bonding conductor per NFPA Annex A.1.6.
5. Down conductor shall be converted to copper wire for any underground runs and bonded to ground rod(s).
6. Ensure all Musco components are bonded to both equipment and lightning grounds. No upward sweeps allowed for lightning down conductor or bonding jumper(s). See installation instructions for further information.
7. Test ground resistance with 3-point ground resistance test, using instructions provided. Confirm 25 ohms or less for each pole. Install additional ground rods or create grounding grid until resistance of 25 ohms or less is achieved. Record all results on form provided and submit readings to Musco.
Electrical:
1. Provide materials, and equipment to reuse existing 240v electrical service panels as required.
2. Provide materials, and equipment to reuse existing electrical wiring as permitted.
3. Complete electrical installation per Musco Control System Summary and Musco Best Practices: Supply Wiring Installation document. If there are any discrepancies between Musco documents and electrical plans (if present), notify your Musco contact.
4. Complete required insulation resistance tests on all current-carrying conductors per ANSI/META ATS- 2021. Use the instructions and forms provided by Musco to provide test results to your Musco contact.
Ensure conduits are full of water prior to testing. Any new conductors with resistance values less than (<) 100 MOhms-phase to ground - must be repaired or replaced to meet the standard, Any existing conductors with resistance values less than (<) 100 MOhms - phase to ground -must be reported to your Project Manager or Sales Coordinator.
5. Underground splices are strongly discouraged. Disconnects in light poles are rated for multiple conductors to allow for daisy-chains - if required by electrical plans. If underground splicing cannot be avoided, use only listed connector systems, rated for wet locations.
COCO
Musco,
EXHIBIT H-9 Page 2 of 4
M-3453-en04-13
EXHIBIT H
C. LIGHTING DESIGN
MOO
mused
Cabrillo Park LED Retrofit.222666
EXHIBIT H-10 Page 171 of 1000
EXHIBIT H
s
•
• \
jj : N. i
1 II
I. a
I v m` §
•
0 Ckt li '1
ai
a.uIE g � �1� • i. CIa
Um!J i
3 ... _, _ „,_,.....,
ii. 1. ,,,,,..ii,s,,,,:.,...,-,7 . . CO = ... :
, . ::,•, ,_t„,.,
t ,4 ''''''4!.%S.,,-,,;,,..,........i: I- \:1*--; \. .. , 17 1} -r-Z.,-,.‘.,;--Z - II V. ''''• • U 'Tip
T. z a.
T.
t -;nt .-
k .
.,, _
if 1000
EXHIBIT H-11
Cabrillo Park LED Retrofit
upland,CA
LIGHTING SYSTEM
Structure/Fixture Summary
Structure ID 1 structure Height Fiat.Attachment Ht. Fixturegty Nxturerype Load Grcuit N1-N4 3n- 30' 2 T..0 IEro•550 1.097W 7 No-N6 30' 302 2 Tt.C-LL0.350 ITO NW I A 30' ' Tit-LED-550 1.00 kW 1
n. 12 30' - 30 - - TLC-LLD•550 10xkW •
• 30' 2 _ 650 I.00 kW -
Nla'lll 30' 30 •-- 2 TLC-LED 1.00kw - 1 •
I -... A. 36 i _ 19.440w
Circuit Summary
Circwt - .. . . Description I :.Lad fixture 0ty . 59cce.I 6.43 OW 12
i, l - -- - soccer 2 _ 6.58 Ace 12 --- - 10cce.3 5.46 OW 12
Fixture Type Summary
. type -' 3otiree' Wattage lament-- 1.99 'I80. ..L70 Ruamity _ TLC•LED•550 A. LED 5770K-754FI _ 540W 67,000 ->020,W0 >11.4000 >120,000 17 TLC-LED-550 R 0771057000•75 CRI 54010 61,000 >120,720 .120,00e >126,000 17 TLGLE❑-550 'C LED 5700K-75CRI 54010 67,000 >120,000 >120,040 >126,000 12 Single Fixture Amperage Draw Chart
Driver Speclficadons One Amperage Par Future 1�1
1� 1.39 min power factory Imam drawl
F•I-1 Single Phase Voltage 2PB. 220 No 2]] I 347 MO 460 `
Y1i I6ni 1607 I6nl f66} 1607 Iwl I f60l F..I TLC-LEb550 3.z 3.0 20 2A I 1.9 1.E -_ - I eCi tight Level Summary
H Calculation Grid Summary
]Iluminatinn Ave
Grid No Calculation Metric : OrcuHs flxern AtY �I Ave Min Max-- 1 Mix/Min. Axe/tdin
I Lhankel Grit Hereental 4.44 0 94 - PAC IL td l i Sarver 1 Horizontal Illuminance 16.06 6 34 5.66 2.26 A 12 I-I iv 5occer2 Horllnntal Illuminance 11.00 3 21i 462 195 3 12 -.
Soccer 1 Horltontai Illuminance 15.12 6 41 7.18 2.81 C 12 Spill 73R HorllnMal Illuminance 0.0566 I 0.00 0.37 - - 5,0,C 36 Spill A 51 Max Candela Metric 50118.5219 0,06 2023619 - - A,9,C 36 Spill A 31 Mar Vertical 8luminanre Metric 0.1907 I 0.02 1.01 - - 5,0,C 36 Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Mason Warranty document.
Field MeaSurementa. Individual field measurements may vary from computer-calculated preactions-
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Masco Control System Summary"
for electrical sizing.
Installation Requirements: Results as5Jme x 3%
nominal voltage al line side of the driver and structures located within 3 feet flml of design locations.
TI
cCD fm SCO,
(D We Make tt Happen.
E INEERED DESIGN By:E.Messamaker •File#222666Br1 •20-Feb-26 4l981.trta Mut,.Spurts uahnrng,ruar„mw r me mom consent of mom Sporn Llrtent.7LC,
PROJECT SUMMARY
O
0 0
Cabrillo Park LED Retrofit
Structure Flxtutc, OPland,CA
are s -unr ni WE r I14 )10 1 .n'n. '�
3 Nl h3 I an' ]u e-J n 0 2 2 0
3 NA-NO j 30' i0 1 LLI S50 2(2 r• 150'a-2 2 2 Name Snccerl
6 Totals 30 1 12 6
Spaung 3a.0'a 30f1.0.0'
Above Field Level is height of fixtures above area shown • k HagNL 3,0'above grade 'Ibis structure utilizes ahact-[obaok mounting conflgurarion . � � Illumination Summary NMxtarpaota A.
oNr .ama«om rr
!i CO 1If< ` _ } ._.. • ken Iuerage: 160$Entkre Gru u 4Maximum: +2
Minimum b
f��. Avg/M1' 21L
Ito ' - Max/Mlm. 5.9a
'.I. i Lig ladlxent pup 2.69 i - _ CV. g.10
I ,1
No.of Paints nu
• FIRTORF INFORMATION
I Applied l Circuits. A
Toro Load' 6 9H kW
® �. m • 1 N o,o F xtuaee: 12
riAre f: 33 13 6 13. .. ' .. — — Guaranteed Performance: The ILLUMINATION described above .14 n El Is guaranteed per your Musco Warranty document, 10•
f oelm computer- cuedd naltatIndPredlcltlo lid measurementsmay vary trl
24I 2a} _..... __ _.. _. —_.... Elettrical System Requirements: Refer to Amperage r • -
Draw Chartand/or the Mosul Control System summary" ✓`I •
for electrical sizing,
Installation Requirements: Results assume ~"'I
II--rIaI 1610 6 10 z nominal voltage at Ilse side of the driver and strunures elj Iw—I EU x located within 3 feel(iml of design locations. I--1 (7ii • - H
r
k n 31 13 7 13 30 `, w •
.
1 - GE31 13 7 12 31
•
15 11 6 10 16::1
j .
r4.,--.''.. TT:, 11 2'.. .
11 31 ::iCI
i'
L
•
�, 0000
a musco.
SCALE IN FEET 1:So Pole Eecatluntsl y3 dlmansions ore relative We Make It Happen. .4V.V•o j to 0,0rererencepoinNsl C a re.l sir ma. Not 1obaretrwlu[ea,n wlwk or pan y.IM1our the µr en�onsemof Musr4Spor6 ELIISINEERED DESIGN By:E.Messamaker •File k222666Br1 •20-Feb-26 01961.21126 Mass sports ughnne.uc.
ILLUMINATION SUMMARY
_,
O
O
0 Equipment List For Areas Shown Cabrillo Park LED Retrofit Structure I_iwluroe I
upland,CA
Cr(isn rnnua.a Pak; vnn e,I �
SIC LIRE TYPE es,'I I iei aimn 6 N4-el9 39' —Lnn�i3ll' - r1CLEo-46 2/2• 2u i va Name:Sower:
6 Torah - I a4 112 I 12 15n'x250' Above Field Level is height of fixture,above area shown _ .. 1o.o'.Son' 'Tnis structure utiIies a back-[o-back mounting conhliuratern wo"' 11C; 19,ahove glade _ #rrr- • ,.1. .,
r "3x's`=1F'Y-R ..4/.... xurrruxra 1mwonruwm "4 Scan Average: 11.97
Meelmum. 2a
--,., - Kaltman. 3
Avg/Min 1.45
, .. .
"• . _ MagJM3n: 8.62
- _ UG Sadleconi Mel' 3.23
r CO One
• j No,el Points. 4e
_ i N%TUNE INFORMATION
ii i ' . 4 Applied Grwlle 6
_ ___l.._ L-----'= 5, _ - N Tolel Load, 64a Fw • ... aaf Flxwna 1a
.L - - Guaranteed Performance: The ILLUMINATION described above Is guaranteed per your Musro Warranty document.
- — Field Measvremenb: Individual field meaSuremenlo may vary I from computer-caierlated predictions.
- • I •- _ Elerrriwl System Requirements: Refer m Amperage r✓1-r`Rt �_� - "��„ _ / - I foraw Chart relecencal Utin®or the "Mono Control System Summary" tll
I-4 InstaAatinn Aequireprents: Results assume t 3% 1111^^^vsssl em,n
'a loca[edwhhing3 feet leofdeslignl artl and s[runures 1--1 ed
•
j r�
I
1 El
1--i
. Mill
0000
musco.
SCALE IN FEE71:SO Pole lecationlsl 141 dimensions are miadae We Make It Happen. �,p.,I:,}, re Ito reference enlnlid
�J_,yp Sn' low ew�uneem whoie or P..rwlest me%musswmm.of Mall snorblyhaniL.- E NEERED DESIGN By:E.Messamaker•File U2226666r1 •20-Feb-26 O1B61.2We Maeeoc3ens Llelelne,ur
ILLUMINATION SUMMARY
O
O
O
Equipment List For Areas shown Cabrillo Park LED Retrofit Seutuwe nature. Upland.r_A
QTv S 'd E Fir EIl RC 1Il . r..
1 NZ-N5 7 Sri }.' -N.C-,'.--',',:i V.,. 3 1 Name:Soccer 3 3 Nlo-112: 51 1`. iLC rL i,',`ii 1 2 -2 n
a Tuaiis .IF 12 6 :.r !CIO' 300'
l 30 0'
Above Field leveI is height of fixtures atay.area shown 1 xT. - - s • rao.ca.pu. +P.r .o'above grade
-•Thisstructureutilize back-to-back mounting configuration I t...ra w P. _ l _ Illumination Summary
M.,...�a„p. .n�.r
• — .. I .r
Grit/
.
Scan Average: 1enr6.12
' PallL ,� Mxlmrlm.
- MinlmVm: Z.
'/' Kr., f Avg/Min 2 al
Maa/Mhr: 1.1E
"t uG(adjacent ptsr, 3.13
[Il: 0.11
No of paints: .10
FIXTURE IMF[IRMA71ON
Applletl GrcuVu.
u ._ w
No.of Flarirrn-
. ® '� N,(1 0
MIL"
7GIal Load': GUAR kw
J 6 �{ i
-- - -- <� rt . :_12 13 35 _ Guaranteed Vertormance: TheILLantp dv 000 gescriped above I I.' is guaranteed peryour Musm Warranty dacumeat, •" Reid Measurements: Individual field measurements may vary II
•
iI1 16 11 Gs�'. Erom lectricamPu[ee�alcula[edpredlRlnRne- ✓V1 • , I� `..'.._._ Requirements: Ier to Amperage f I - .. 'I mow `. `'iltifri fDraw or electrical and^g the 'Masco Control System Summary" I�
I--I -w j.
- + 1r� r ry S s,. installation Requirements: Results assume c 3% If'I'f V 6 1 V 1,i I voltage at line side of the driver and structures 1-4 H ��rr located within 3 Feet{]m}of design locations 1 IlJ
..----------,N) .
v, n 6 f 3 1'
t 41111r-7.
•
m ED ill
2 13O
t
.
•
[} .6 10' T..,
0' -
i - 0)
, 1 ..11111411T-11— - . 1 1
Nifty
at
aT1
Me.
0000
_. i, TUsC0.
CD SCALE IN FEET 1;50 Pole iacationlaj f dimensions are relallve We Make It Happen.
Et.0'
l r0 0,0 reference poinllsl 3
5a' 100' Nortobe reproduced in whole-or part.MMnr rnr wriesn nnnenr0NsuueSear+LWhTne.Ur- ELIDNEEREDDESIGN lay:E.Messamaker •File42226666r1 •20-Feb-26 Ule91,1026Musco1pensllsMngr0C
ILLUMINATION SUMMARY
O
Co
0 Cabrillo Park LED Retrofit
structure He:WM UpIsr d,CA
OJT .'x"E:uxtin SI2L s
,4 .,, i__ FIXTURE TY3'E "mlauil ew mnm s
Grid Summary
I N1 N3 30 30' TLC-LED-550 2 2 0 Neme:elanket Grid N10-N1z
Spacing:30
E N4LN9 I 10' Nel
30' TLC-LED-550 2/2• i 4 0 above 'ht:3.0'above grade
Above Field Level Is height Of tiytures above area shown I Iltl mirl atiOn Somtilar y 'This structure utiliaesa back-to-back mounting conliguration ttewa.wreenw 0ItTMAmrcaea,e Pur
n. 7 —r' . . . — — I - t Sun Mathias: 44 e Grw e
•
., 1111 II V Mgrimum. 44
*' s 1
: � rn Mln
'I. M . . a-s' .s i r A tic Iatllacent ptr). ]0033 P�`h i Cll 1.00
.t { II T4XIFJRE INFORMATION 1]94 ' -`P F A g , 4 Applied Clrsulq, a,e.0 5�, _n ri P !c t D ,,',R1 D ` :D ;;o o- P r r i111"'3"e� !A,i i] E pig •F', No olrhtulea: 36 .i •I2r •'1 A: P P P t P _ jti.P . P • s 1 P '• �� /� - Telyl Ladd: 1444 kw . 'f3 0 ,D P 0 .;fry'' D P P D P- . , P P P A P D a' ,!ilGuamllteetl Performance; The ILLl1MINATION described above r1 wry S
sgua anteed per your Musca Warranty tlocument.
d1ul. R'" 1 Field Measurements: lath v deal field measurements may vary X I r i �� Win from computer calculated predictions.
Ill illi. illi
rya.
Eleatrkel System Requirements: Refer to Amperagetri
�y - ,E I..e.1t e Draw Chart and(or the 'Masco Control System Summary' IH e. - for electrical slxinget i •
Installation Requirements: Results assume+3%
I�[� y coal voltage at[Ina side of the dryer and structures I--I H ® ®{ I located within 3 feet{lin i or design locations ed II • - •
• yc y
I " F•I-I
' •P .'; k,10 Ii
•
P P ']: - `� - I 40 '
P �/ ..
® Z i
•
•
D D P P ® �.._ _ ® zed ill• r
.,
•
•
- .er
•
t - - • b"_� ' - NOTES:Contour line shows!XI horlxo ma l SE. ....,
. :.., . _ , .0
• • . , _.
A s l
..,,,, i
•,it -
OOOU
_ musco.
SD SCALE INFEETI:iaa Pole lotarenlolEBdlmenslons are relative We Make It Happen. '.1I -I to qo referen€ede:IMIrl t)
1 W' zoo zoo' Platte he reproduced In whale o,P.willow the wrleen:omen:of Mem Spar 0 usmMa Lot EE0gNEERED DESIGN By:E.Messamaker•File 44222666Br1 •20-Feb-26 aaear.xwa Mwcat0"mn3hnnatl.c.
ILLUMINATION SUMMARY
O
O
0 Equipment List For Areas Shown Cabrillo Park LED Retrofit Structure 13a(uru
Upland,CA
my cn-o:..:inn: sl[L .::vv.r u iieluek lYpE otriro:E exm 1 saws c N 1113 30' 311 TLC-LED-55u 2 2 D Mama SPIII @ 3fl NLI-N L'I Spacing:30.0'
Ira ion 1 30' • 30' TLC-IE12.559 2/2• 4 0 i Height:3.0'above grade 12 Totals. 36 ';G (!. - -
Aepve Felt Level is height of fixtures above area shown I l tls. Illumination Summary 'This Ai,cture ubbzesaback-to-0ack mounting configuration I r.. liiiii _. y maw eceimxruroanroln i F Enure Gr:tl
I •^ 1 >, Scan Average: 905g6
1•
a L
I ' I 'ri Mmlmum 032
• •
Ito.of Points:
�' iFre ,�l},�- ` _ FI%ri1HE INFORMATION v ao •
„t,. . .: _,.� .. _ ,;.._.,_ „{, .A r :". Applied Circuits h33.0 r Na,al Fixtures: 36
•,, y�R�l �Y' Total Load: 14.44 kw
��,,,II 1--1 IY{t! Gua ra ateed Performance: The ILLUMINATIONdescoibdd above i igCl m ri I Is guaranteed per your Musoo Warranty document. 1 Field Measurements: Individual field measurements may vary _ J I ., - _ from computer calculated predictions ./ •i. tA`1 Oawrical Chartystem and/p thelreMusco CammlSystein Suments: Refer. mmary. I�a •� W for electrical sEzmg. Lii lilliV
\i ! �' Instigation Requirements: Results assume i 316 x l RE ® ` �, ' E \ N1�im � ominal voltage at line side of the driver and structures n i--I located within 3 feet Itml of design locations le IZIZJ
x51
V k! .-.7_.:.I C Igo -i- I NE
•
.4I.
ii :
[r
S • -r -y
to
j 1litria
v
comuseo.
CD
SCALC IN Her 1:125 Pnle wrationlsl e dimensions are relative We Make It Happen. ( to Opteleran.pointlsl 2)
p 25' 250' Nol to halepreacred h:wxnic orpa:t.irnott the wrmm mown:of xau.m spore L:LNn no,LLL EIGONEE RE DESIGN By:E.Messamaker •File#222666Br1 •20-Feb-26 masi,zux6Mxraosp rD Dena...tic.
ILLUMINATION SUMMARY
O
O
0 Equipment List For Areas Shown Cabrillo Park LED Retrofit Swam. Flamm Upland,CA
.CITY,r...01..OE nl SIZE EIx]URE DPI (AK. exm en us Grid Summary
6 NINPN1 N3l3 30.. r 30' TLC.LEO.550 2 2 0 Name-Spill @ St 6 N4-1.4. 1 30' • 30' TLC-tE0-550 2/2.• 4 0 'ipnrry 30,0' ' 12 -roe✓' 3fi 35 Height.
s 'aegrade
Above rlaid Level is height of Rereres above area shown I I Iumination Summary "This structure utilizes a hack-to-back mounL,ng mngguration - I l s xmnrumru pmrmuar7 • I t - I 1 [nine GId l _ - Scan Avemgv: 3utg-S.L9
1 I. J.
7 I -. Moamar:mum 1U23E.1N
Minimum 0Pn
Cu
' r F �' liiir No.of Pantr 1]
I - - _ _ ,- FIATURf INFORMATON „ . I. tea- Applied Clmuhs. .4,3.0 No.W Naomi 36
.. . f.'I Total Load: 19.44 kW
I , ® ._�� IIT Guaranteed performance: The ILLUMINATION described above 1 I�C./I ii. a guaranteed per your Masco warranty document- Field Measurements: Individual field measurements may I J front computer-calculated predictions. Y vary f -_ .. 1i..—_��' Al., - ...
I --".....i-its 10
Electrical System Requirements: Refer to Amperage
f I"-- Draw Chan and/or the 'Masco Control System Summary" for electrical sizing.
r7'i I " - T a, 1F Installation Requirements: Results assume e39c Ij^vlj "•{�_� 0 Imo. • nominal voltage at line side of the and snuctures located within 3 feet Ilml of design locations.
I
1-3III •
GEL' ® -
I t_.
p
,r
it.....
., t • .:
1 r Y ilk or_
cDa m SCO.
SCALE IN FEET 1:125 role Ies tinnrsl elmensiwss are relative We Make It Happen. 4 Le 0p reference poln[Isi f
I
0' 325' 25G' w thou l the written consent of xLsm S.a. 1.4h.g,LLC EDINEERED DESIGN By:E.Messamalcer •File#222666Br1 •20-Feb-26 CUM1.2oz6Mm[uscormu5htine.uc-
ILLUMINATION SUMMARY
O
O
0 EXHIBIT H
Equipment List.For Areas Shown Cabrillo Park LED Retrofit Structure FlnlufN
dpland,CA
I .1 V[IuaEin SIZE nV rra re n fiff fi%Il1HL IVPL oulP.,.e ram an�s ^�' ' Grid Summary
t• Nt-N3 rv3o-rv32 30' • 30' TLC-ED-SSO 2 2 0 Name.SFlll Q Sf •Na-NS 30' - 30' ELF-1.FD-SSn 2/2' 0 Spatter iL.D' 12 Totfh _ —_.
Above Field Level is height of fixtures above area shown a 1 I r *AP.
Illumination Summary
'TN,structure ulilites a back[p back pun[rig configuration inm•Ma.VI..ramcwmn • .,[• t- ~ I _ • _ fort le God S 1 Swn AVRfi m. }50Z
•
�l I Li Maximum: npin
'I#.. t 4—t m nlmenl
_.--�-- SI
• ._. M 00
t a •'t INFORMATION
f Points: t 11
- T ai FINTIIREI R
-I it�, .. •; .:�, , :,._.., ., ... APPIkd Omura Au,c i w
•
No.el Nature,: 36
ui., - y TONI load: 16 au kW
a , — - -- IR1 IL1e�`ri�i guaranteed Performance: The ILLUMINATION described above t I • i�Rl 1 I is guaranteed per your Masco Warranty document. l _ _ Field Medsuremenu: Individual Reid measurements may vary i�_�-=.�-a _ l I I •� from computercalculated predlchons Electrlcel5yste Requirements: Refer to Amperage
r• - - 7, _ I 04"l il II Si nrau+Chart andfor the 'Musco Control System Summary" Ir�, i - for e'ectricalsnng
1Lr�1 ` 0 u Installation Requirements: Results assume r 3% !i" ® / ® �/ ® _sue quireman
iyt nominal voltage at line side of the driver and structures •
foaled within 3 feet Ilml of design locations•
•
I
® 7Z_L® _CAL
us
' I --- ' •
-. likilli.."4111111111114:,-...... •
A.
•
•
... r"_ _ ro
1..- - -z.�...t 'per r,_
•
•
e.
0000
`■/r
O.
1 SCALE IN FEET 1:125 Pole loradonlol(�I dimensions are relate. Happen.We Makelt N tp 0,0 reference mantis}Sri
o' in' Pao' „ne.Nnen.L„11,.,,LOIM�otpo,ppennwtLe.
ENGINEERED DESIGN By:E.Messamaker •File#2226666r1 •20-Feb-26 01900,23 Mu¢esncru L+Bhnne part �W
ILLUMINATION SUMMARY
EXHIBIT H-19
I i I ? 1 It ' I ;I'; - '' Cabrillo Park LED Retrofit 1 I -_. �. r —4 Upland.(A
1 cliff'
• 1! Equipment Layout
_1 1 _ u.,_-. _ _ .. y I 1 3NClOaES:
FW. . I" ry:K III..
Soccer!
•• ---.d••� Ry .a0n, fa
Seem'3
,d 1, ! Electrical System Requirements: Refer to Amperage • 0raw Chart and/or the "Mesta Contra!System Summary"
el — For electrical siting.
' -. !!��! - _� ;�Y-� _ ® 0 Si ; Installation voltage at hone side of thelts assume i 336 driver and structures
-- �1 ®� I� iiG Incased within 3 feet am)of design karat ens, •• I
11111— Equipment List For Areas Shown
:� ... • _ _ Maim
aI.�s�I�- ® �__•--! a yO.� a ., Structure parr<, HMI= - MIS .. SIiE nWtt r,<mu FIXTURE TYPE 4rvlwse MEE
le _ - nlll NI]-I 30 30 ILC-LE0•550 E F r1 fJ9 I 30 r r 30 I TLL.V,EO-5513 ' 2/Z' —T.
Tow.
(�7:7 V All,
21 e ,
� ® `a. \ 'ii'a � •This structure url zesabak-[aback mounting conrgura[ion s f 'iii •` Above Global Levels height of fixtures shove design 10 0,01 ` r—� I I --y, Single fikture Amperage Oraw Chart r•s
min
I
- . .
® ' ME
I ., ,�IetBe PetlgWfan
6� „ran I
trl
r 1
I , a n, Yr
trl —I ] _I
• • r-.1 ' I I ® x o , * i
S vw :7:44/
+;i;,E..r..„.
w
417
r i
irighwsio
y Ill:
A f. x
-
Nulli
7 CD MUSCD.
CD SCALE IN FEET 1:100 Pole locatlonle)Gd dimensions are relative We Make It Happen.
I/� to 0,0 reference pointlsl.0
'COO' too' 200' Nei so De reproduced In or part wlmnut the moan parse,"of musm sp.-boon,tic E#
BINEERED DESIGN B .E.Messamaker •File#222666Br1 •20-Feb-26 029ra m esa,Spam L'fghdng.LLe.
EQUIPMENT LAYOUT
O
O
0 EXHIBIT H
D. WARRANTY
0000
mUsC0
Cabrillo Park LED Retrofit.222666
EXHIBIT H-21 Page 182 of 1000
EXHIBIT H
V Y. 4 `
r 1 r /t � �. l 1 r, l /'� F i ti s !ti \ f i', /ti r"\ i r r� E a i i t i'ti i A f , r A r> / r 1 � � 1 b i, t 00010
v
mus - Q?'üi&coCon&tl2nb /OTM .
10, _ .,
10-Year Product Assurance&Warranty Program
q
4 Cabrillo Park LED Retrofit 222666
_- Project name: Project number:
Owner:City of Upland City:Upland State:CA
SportsCluster®System with TLC for LEDO technology ' , Covered product(s):
Date issued:Date of Shipment Expiration:Date of Shipment+ 10 Years Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system : 3 Si,- to original design criteria for 10 years.Musco products and services are guaranteed to perform on your project .: as detailed in this document.
i
Light Performance '
Specified illumination levels will be maintained and are marked as guaranteed in the Musco Illumination Summary.
Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage } Allof any field is materially impacted.
Spill Light Control a
00 If specified,spill light levels at identified locations are guaranteed to be controlled to the maximum values provided
4.4 in the Musco Illumination Summary.
Energy Consumption
• Total average kW consumption for your lighting system is guaranteed to be not more than the total load shown in " _ the Musco Illumination Summary. `' i
Maintenance Services
Ly During the warranty period, Musco will dispatch technicians when notified of a luminaire outage that materially II
—40 impacts the use of the field.
N
.� Musco has a team to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our fulfillment of this warranty.Please keep this document as your signed contract
0.V a
guaranteeing comprehensive service for the 10 year period.
40 ®20a5,2025 pa a;,,40 L3C of i$QOO
EXHIBIT H-22
EXHIBIT H
! i 'r 1, / ,i /,, / ! ). /'� /� /i /i /� l � Ill/\ ! Nl/l /ti /\ ,'. /, i l i1 /ti. /.1 , .\ 'I /mil !\ A� �� /\lf , 3 •,
u mus fOTM
10-Year Product Assurance&Warranty Program
Terms and Conditions
_ _ Service under this Contract is provided by Musco Sports Lighting, LOSS OF USE DURING THE REPAIR PERIOD OF THE COVERED i` t reasonable efforts to perform service under this Contract,but will • not be responsible for delays or failure in performing such services d. Musco requires reasonable access for a crane or man lift caused by adverse weather conditions, acts of any government, equipment to service the lighting system. Musco will not be __Y responsible for damage from operating the vehicle on the 5:
z( fi failure of transportation, accidents, riots, war, labor actions or p g p g ; strikes or other causes beyond its control. property when the equipment is operated in the prescribed = : ; „. :.,
manner over the designated access route.
2. Determination of Repairs: Musco will utilize any information ? _.-` e.Obsolescence or Environmental Restrictions: If during any provided by the customer to determine when the usage of the field performedunder thisWarranty,any w s maintenance or other work ,,•'r
:;, is materially impacted.From this information,Musco will determine = of the parts of the Covered Product(s) are found to be either • ' needed repair and/or replacement of Covered Product(s)and parts. s, ! obsolete, no longer available, or prohibited by any state of Repair will be with Product(s)of like kind and quality. - ' ' r federal agency,Musco shall replace said parts with comparable ..;: r
3. Your Requirements Under this Contract You must meet parts and materials with equal operating characteristics solely a„ all electrical and installation requirements as specified by at Musco's discretion.The cost of replacement of any obsolete i : the manufacturer. In addition, youpromise and assure: full cellular related technologyshall be borne byyou. Prior to :K `+ �'
j a; cooperation with Musco, Musco's technicians and authorized completing any such work,Musco shall notify you of the cost(if s/a servicers during telephone diagnosis and repair of the Covered any)you will incur in the replacement of such parts under this "t.
Product(s); reasonable accessibilityof the Covered Product(s); a section. ' ' non-threatening and safe environment far service — " c 6. Transfer and Assignment:Except to owners,you shall not have You agree to check fuses and to replace fuses as needed.Musco the right to assign or otherwise transfer your rights and obligations :; provides spare fuses in the lowest alpha-numeric numbered under this Contract except with the prior written consent of Musco; .; enclosure,Musco will replenish spare fuses used. however, a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall
4. Service Limitations — This Contract does not cover: acquire all of your interests under this Contract. ' �"~ Maintenance, repair, or replacement necessitated by loss or •-�. ,', damage resulting from any external causes such as, but not 7. Governing Law:The Contract shall be interpreted and enforced .r; limited to, theft, environmental conditions, negligence, misuse, according to the laws of the project location. i. 3 abuse, improper electrical/power supply, unauthorized repairs -/ i: " ;;
by third parties, attachments, damage to cabinetry, equipment 8. Subrogation:In the event Musco repairs or replaces any Covered . y ' modifications, vandalism, animal or insect infestation, physical Product(s),parts or components due to any defect for which the fir:; tdamage to Covered Product(s) parts or components, failure of manufacturer or its agents or suppliers may be legally responsible, .> existing structures, supporting electrical systems or any non- you agree to assign your rights of recovery to Musco.You will be ': ) 'r 4= reimbursed for any reasonable costs and expenses you may incur :, _. Musco equipment,or acts of nature(including,but not limited to:
' . : earthquake,flood,tornadoes,typhoons,hurricanes,or lightning), in connection with the assignment of your rights.You will be made ' whole before Musco retains any amounts it may recover. = r 'r1 5. Contract Limitations: K.§
a.EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR Signature: ,fit
CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE
NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE OR CEO r Page2of2 r
:.k. . ''k:i �r��� -.J(i#r4F h�- EV:{ ryt.Eii ;'''''_ F' ..::1,�. : :.:,'I ,� �r�d -�4in�u ti 1,!''. 1T :dis'ul'( i'tr1'_3.'iii ,Ahi ,,I.1• U.! 6'r-- .! �P ''F, 'V'igl;"'t_r U�J,� 4 r1:.�;f; ` - Y:� r4y _N � S a� � r A x�i� C ; rI ��S • y: fir Q� mCrc - k r - �f r r- rn "� -% ; S{�4 't°� 4 5 "'�GS` ; „' � r ,r v3.e3F � �� 4 �' .h 4,w t ,s,. $ 7 �', r f EXHIBIT H-23 ®2405.2025 Rage484 ofir24 GOO
EXHIBIT H
E. PRODUCT INFORMATION
OOJO
muscO.
Cabrillo Park LED Retrofit.222666
EXHIBIT H-24 Page 185 of 1000
EXHIBIT H
Datasheet: SportsCluster® Lighting System
TLC for LED®
R..
Lighting System for
Paletop
Mounting to Existing Luminaire
Assembly
Structures 3
Factory wired,aimed,and tested I� ,
Easy installation to existing structures
•
Comprehensive corrosion package \
Grounding connection for bonding
to pole or down conductor 0
Not Included. Musco is supplying our 550NR 2 Wire Harness fixture which will be mounted to the top of
the pole
Not Included. Musco is supplying 1 our 550NR Electrical Components Enclosure
fixture which will be mounted to the top of
the pole
111
0000 TLC For LED is a trademark of Mu son Sports Lighting,LLC and is registered in the United States, 02015,2023 Musco Sports Lighting,LLC•U.S.and foreign patent(s)issued and pending.•M-1921-en04-7 MUSCO www.musco.com • [email protected]
EXHIBIT H-25 Page 186 of 1Q00
EXHIBIT H
Datasheet: SportsCluster° Lighting System
TLC for LED'Wire Harness
Wfretie
R " ��
1'f� Equipment ground h~
I (AL6In,CU)*
Sl1
Top cable support hook(optional) �.• f Tap cable support grip CI Wire harness 1r d
111 Bar harness �� .
Mid-point support harness
liPb for poles 80 ft(24,4 m)and taller
i
11111
rhh
III Spiral wound cable consisting
= of 14 AWG(cross-sectional
area of 2.08 mm2)copperwire
Mid pointsupportharness
i
Equipment grounding
conductor harness
6 AWG(cross sectional
Iarea of 13,29 mm2)
�1 copperwire
1 1
/11111
Mid-point cable support grip
for poles 80 ft(24.4 m)and taller
!l1III
1I 11
e.
Flexible protective sleeve
it
E2. nclosure harness
Wire harness
*Aluminum(AL),Copper(CU)
.� II
C0
`✓4/ TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States, ��SCD .... .. .... .. .. . .. .. .. .. .. ®2a use Sports. M-78o com OS 2023 Musco Lighting LLC• - 4-8
wrNw.muscoaom [email protected]
EXHIBIT H-26 Page 187 of 1000
EXHIBIT H
Datasheet: SportsC#uster° Lighting System
TLC for LED® Poletop Luminaire Assembly
Overview
• The factory-aimed poletop luminaire assembly is clamped to 7 ;om 1 ���
1 the upper pole section.
r�
► ' C 41 Features
O Each luminaire is factory-built,tested,and ships as a unit 1,00000000
max; Y p
s�4
• Luminaires are factory-aimed to three-tenths degree
.,��. ? ` ; of accuracy
oi
evil • Luminaire mounts and connects to wire harness in a 1 •00, single step
• Labels identify pole location and luminaire location
* No exposed wiring
• Pole clamp brackets and hardware specific to pole size Technical Specifications
Construction
• Crossarms and pole clamp brackets hot-dip galvanizing inside and outside after fabrication meets ASTM-Al 23
—
• Crossarms are constructed of rectangular steel tubing • All aluminum components are powder-coated
or anodized to mil-A-8625F
• All stainless steel fasteners are passivated and coated Quality Assurance Tests
• Galvanizing thickness
if • High potential dielectric withstand
• Connector to connector continuity test
• Grounding continuity
• Luminaire functionality test
111
0000
All trademarks are property of Musco Corporation.02015,2025 Musco Sports Lighting,LLC•U.S.and foreign patentfs)Issued and pendfng..M.1929.en04-S MUSCOe g
www.musco.cam :• :li [email protected]
EXHIBIT H-27 Page 188 of 1p00
EXHIBIT H
Datasheet:SportsCluster® Lighting System
TLC for LED® Poletop Luminaire Assembly
Handle Die-cast aluminum
luminaire mounting plate
Aluminum housing
Die-cast aluminum knuckle
0114111
Aluminum spill light and 'a ;- Crossarm
glare control visor
Galvanized steel
�• ,` pole clamp
Diode light source—LED
Equipment ground lug
Cable support. (Al,Cu)*
hook 'tr"
Grounding lug for I .
lightning ground
downn conductor
(Al only)* Pale alignment beam device
A
Aluminum(Al),Copper(Cu)
0000
AO trademarks are property of Masco Corporation.®2015,2025 Musco Sports Lighting,LLC•U.S.and foreign patent(s)Issued and pending.•M-1929-en04-8 MUSCOa www.musco.com [email protected] 2 Page 189 of 1000
EXHIBIT H-28
EXHIBIT H
Datasheet:TLC-LED-550NR Luminaire and Driver
Luminaire Data
( 1
Weight(luminaire) 38 lb(17 kg)
UL listing number E338094
UL listed for USA/Canada UL1598 CSA-C22.2
,,1'.
(J- )1tiftlit No.250.0
,
h.,,•=•-•./1
AltI. t / \ ' CE Declaration (pending) II Ingress protection(luminaire) IP65 ret, Impact rating [K07
Material and finish Aluminum,anodized and
powder-coat painted
Wind speed rating(aiming on[y) 150 mi/h(67 m/s)
UL,[EC ambient temperature 45°C(113°F)
.,„...
rating
Photometric Characteristics
Projected lumen maintenance per IES TM-21-11
F 29 51e
(521 rnm) . L90(20k)
L80(20k) ... .
— —
>120,000 h
>120,000 h
WIP1 L70(20k) >120,000 h
Lumens 67,000
"-1-velv CIE correlated color temperature 5700 K AI iiil
(432 mei) ,1 Irm'iL'—' inHIMI Color rendering index(CRI) 75 typ,70 min 111
/
LED binning tolerance 7-step MacAdam Ellipse
Footnotes:
1)Incorporates appropriate dirt depreciation factor for life of luminaire.
T ---
_.r. -'.:f-.1 ,••=1,1.6.i=6.9." 1 I .•oft-P-1
0\)
lL 64' 2,
27.511
(698 mm)
Min
(376 mni)
0000 U.S.and foreign patent(s)Issued and pending•2019,2022 Musco Sports Lighting,LLC•TLC.LED-55()NR 5700K 75 CRI•M-3959-en04-3 MUSCOt WWW.MILSCO.com , [email protected] EXHIBIT H-29 Page 190 of 11000
EXHIBIT H
Datasheet:TLC-LED-550NR Luminaire and Driver
Driver Data Typical Wiring
Electrical Data Vac
Li Field connection
Rated wattage' L2/N
Per luminaire 570 W
Integral driver enclosure
Starting(inrush)current www.musc0.com • [email protected] 2 EXHIBIT H-30 Page 191 of 1000
EXHIBIT H
01 c
a1
0 0
0 y .o
P Q
0 L
1 �
LL
m
•
•
O
•
•
d ;
•
•
oro
F I
O
f.
C � 4
4.6 47,
as �_
H
'age • of 1
EXHIBIT H-31
EXHIBIT H
Safety:U! Product Certification
UL Product Certification for:
Musco Sports Lighting,LLC
2112ndAveW UL
PO Box 808
Oskaloosa,IA 52577
USA
UL Category Covers UL Number
High Intensity Discharge • Green Generation'"luminaires and remote ballast assemblies E33316 •
Surface-Mounted Luminaires • SportsCluster®and SportsCluster-2i,luminaires and remote ballast assemblies:
Light-Structure 2'"and Light-Structure Systern'luminaires and: :. remote ballast assemblies
• 1000 W Light-Pak"and Light-Pak indoor luminaires
• with Multi-Watt"control system
• 10:.00 W Show-LightT'and Show-Light,Green�""luminalres with •
hooded light actuator system and remote:ballast assemblies. • ;2000 W Mirtran'""luminaire
Stadium 2K Fixture' 2000 W luminaire and
Hot Restrike Green 2000 W hot restrike luminaire
Management Equipment,Energy Lighting control systems for: E139944 • Control-Link®control and
monitoring system
• Control-Link retrofit control system
Industrial Control Panels. Control panels and.erldo:surer for: • E20495'1 Control-Link®control and
monitoring system
-
Control Link retrofit control system
Lighting contactor cabinets
Multi-Watt"controi`systems'
Emergency Lighting and • Auxiliary Lighting Interface Cabinet E311491 Power Equipment (ALIC)
Luminaire Fittings Galvanized steel poles 12 ft(3.7 m)or less for E132445 Poles for Mirtrari luminaire mounting
Rooftop;poles i
Special applications • ;I
•
L inair Polein Excess of Galvanized steelpoles greater than 12 f 7 um (3.7e fi g e t t(3. m)for. E325078 12ft
m)
• Light-Structure System'luminaire mounting
• Sportspole'structure or mounting system and special applications C
IT1LJSIC®a
www:musco,com [email protected]►
EXHIBIT H-32 .2011,202sMusco Sports Lighpa0Ce•1Ylgh-of4.?000
EXHIBIT H
Safety: UL Product Certification
UL Category Covers UL Number
Devices,Scaffolding Service platforms for: SA7004 • Light-Structure SystemTM'luminaires and remote ballast assemblies • SportsCluster®System luminaires and remote ballast assemblies, Lightning Conductors,Air Terminals, • Light-Structure System"pole structure concrete base E337467 and Fittings
Light-Emitting-Diode • LED luminaires and driver assemblies`. E338094 Surface.-Mounted Luminaires • LED auxiliary luminaires A copy of the UL Certificate of Compliance is available upon your request.
MUSCO www.musco.com . lighting@musco;comn
*2011,2025 Musca Sports LIg9 t1a Cei•11E�.4- 411=000
EXHIBIT H-33 J
EXHIBIT H
Corrosion Protection
Manufacturer's Certification of Corrosion Protection for Light-Structure System"'and SportsCluster'Lighting Systems The following standard corrosion protection is provided on your equipment:
• All exposed components are constructed of corrosion-resistant material and/or coated to protect against corrosion. • All exposed carbon steel is hot-dip galvanized,meeting ASTM A123 and ISO/EN 1461. • All exposed aluminum is powder-coated with high-performance polyester or anodized,All exterior reflective inserts are anodized,coated with a clear,high-gloss,durable fluorocarbon,and protected from direct environmental exposure to prevent reflective degradation or corrosion.
• All exposed hardware and fasteners are stainless steel,passivated,and coated with an aluminum based thermosetting ep- oxy resin for protection against corrosion and stress corrosion cracking.Alternately,for hardware in non-stressed applica- tions,an electroless nickel coating meeting ASTM B733 maybe used.Pole strapping used to mount certain equipment to light poles Is annealed grade 304 stainless steel and passivated. • Certain structural fasteners are carbon steel,galvanized meeting ASTM A153 and ISO/EN 1461 (for hot-dip galvanizing),or ASTM B695 (for mechanical galvanizing).
This corrosion protection package only applies to equipment manufactured by Musco.
Musco Sports Lighting,LLC
//j0L-
Tony Benson
Executive Director of Engineering
MUSCOwww:musro,com •. lightinh@muscoaom
EXHIBIT H 34 Taos,2025 Musco Sports Li aVAC 19500,4000
��4 1pF �At9
$$-° CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
09L1�,tQ.
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.
The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.
Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your company,or any agent/board member on behalf of you or your company/entity,made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
X NO
2, Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application. 6/11/2026
Date S atur orized individual
Musco Sports Lighting, LLC
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party;
"proceedings" (2) Formally or informally requested by the party; or FPPC Reg 18438.2(a) (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)f1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Req 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Req 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Req employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Req Contract an agency employee. A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
4c, °v °p`q� CITFUP LAND
oid.�, �. "The City of Gracious Living"
c�lrFOR�i�
DATE: July 27,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY PUBLIC WORKS DIRECTOR—UTILITIES ROSA GUTIERREZ,ENGINEERING MANAGER—UTILITIES
LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT WITH BKF ENGINEERS FOR ON-CALL
ENGINEERING SERVICES TO AUGMENT THE UTILITIES ENGINEERING TEAM RECOMMENDED ACTION:
It is recommended that the City Council approve an agreement with BKF Engineers for professional engineering design, construction management, and construction inspection services for Reservoir 4 Roof Rehabilitation and Repairs Project in an amount not-to-exceed$440,000 for an initial one-year term,with up to two additional one-year extensions;and authorize the City Manager to execute the agreement and any related documents.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving critical water infrastructure to ensure the continued delivery of reliable utility services to the community.
BACKGROUND
The City of Upland is responsible for the planning,design,construction,operation,and maintenance of various public infrastructure systems, including water, sewer, stormwater, and other municipal facilities. Successful delivery of the City's Capital Improvement Program (CIP) and infrastructure improvement projects requires access to qualified engineering resources with specialized technical expertise and the ability to respond to changing project demands.
The City maintains an experienced in-house engineering team; however, the volume, complexity, and timing of projects may require additional consultant support to meet project schedules,provide specialized technical expertise, and maintain efficient project delivery. Establishing an on-call professional services agreement allows the City to obtain engineering services on an as-needed basis while maintaining flexibility to assign work based on project priorities,funding availability,and consultant qualifications.
ISSUES AND ANALYSIS
As part of the infrastructure condition assessment documented in the City's adopted Water and Recycled Master Plan and Wastewater Master Plan (2025), recommendations were identified for the rehabilitation, replacement, and improvement of critical infrastructure, including reservoirs,pipelines, and other system assets. One of the identified priority projects is the Reservoir 4 Roof Rehabilitation and Repairs Project,which is intended to address deficiencies identified through condition assessments, extend the useful life of the facility, improve operational reliability, and protect a critical component of the City's potable water storage system. Due to the specialized nature of reservoir rehabilitation project, additional engineering support is required for project design, preparation of plans and specifications,construction management,construction inspection,and overall project delivery.
BKF Engineers (BKF) is a multidisciplinary engineering consulting firm with extensive experience providing municipal engineering services throughout California. The firm provides engineering design, construction management,construction inspection,and related public works support services for utility and infrastructure projects, including water storage facilities and reservoir rehabilitation projects.
In 2025,the City of Oxnard completed a formal competitive procurement process and awarded a contract for on-call professional engineering services to MNS Engineers, Inc. In March 2026, MNS Engineers and BKF Engineers completed a merger, with the combined firm operating under the BKF Engineers name. Staff reviewed the City of Oxnard's procurement process, contract terms, scope of services,consultant qualifications, and pricing structure and
determined that BKF possesses the experience,qualifications, and pricing necessary to effectively support the City's engineering needs for the Reservoir 4 Roof Rehabilitation and Repairs Project.
The proposed agreement with BKF will provide professional engineering services in support of the Reservoir 4 Roof Rehabilitations and Repair Project,including,but not limited to:
• Design engineering,including preparation of plans,specifications,and cost estimates; • Construction management,contract administration,and inspection;and • Other related services necessary to support the successful delivery of the Reservoir 4 Roof Rehabilitation and Repairs Project.
All consultant services will be performed under the direction of the Engineering Manager of Utilities.Individual task orders will be issued based on project requirements,available funding,and BKF's applicable expertise and availability.
No work will be performed without prior written authorization from the City.
Upland Municipal Code Section 2.48.080 and Purchasing Policy Section 12.4 authorize the City to utilize a contract competitively awarded by another public agency when the pricing and terms provide equal or better value to the City.
Based on staffs review of the City of Oxnard's procurement process and resulting agreement, staff determined that the proposed agreement with BKF satisfies these requirements. Accordingly, staff recommends engaging BKF Engineers through the cooperative purchasing provisions of Purchasing Policy Section 12.4. Utilizing this procurement method reduces administrative costs,expedites access to necessary engineering services,and maintains compliance with the City's purchasing requirements.
ENVIRONMENTAL DETERMINATION
This action is not a project subject to CEQA and is exempt under Section 15378(b)(5)of the CEQA Guidelines as an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACTS
The total cost for the initial term is $440,000. Funding is available in the Cond T3 -Reservoir 4 Roof Rehabilitation Account No. 6407500-5540-91036 ($200,000), and Plant 13 Chlorine Generation, AC in Building, Replace Sewer lines and Equipment Account No. 6407500-5540-92137($240,000).
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of July 27, 2026 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and BKF Engineers, a California with its principal place of business at 2100 Franklin Street, Suite 4C, Oakland, CA 94612 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
On-call engineering design, construction management, and construction inspection services for Reservoir 4 Roof Rehabilitation and Repairs (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$440,000 [four hundred forty thousand dollars] per year.
This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes an itemized description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
3. Additional Work.
1 99999.92017\45217049.1
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from August 1, 2026 to July 31, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement for no more than two additional one-year terms. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
2 99999.92017\45217049.1
8. Standard of Care.
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant.
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor.
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
3 99999.92017\45217049.1
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. 4 99999.92017\45217049.1
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. 5 99999.92017\45217049.1
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in 6 99999.92017\45217049.1
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, 7 99999.92017\45217049.1
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). 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 one thousand dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that 8 99999.92017\45217049.1
affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18. Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
9 99999.92017\45217049.1
Consultant shall assign Patrick Hanify, P.E. as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of Upland BKF Engineers
460 N. Euclid Avenue 2100 Franklin Street, Suite 4C, Upland, CA 91786 Oakland, CA 94612
Attn: City Manager's Office Attn: Patrick Haniy, P.E. and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
10 99999.92017\45217049.1
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence.
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11 99999.92017\45217049.1
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF UPLAND
AND
BKF ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND BKF ENGINEERS
By: By:
Michael Blay,
City Manager Its:
Printed Name:
ATTESTED BY:
By:
Keri Johnson, CMC Its:
City Clerk
Printed Name:
(Two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.)
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
12 99999.92017\45217049.1
EXHIBIT A
Scope of Services and Personnel
The services to be provided by the Engineering Professional for any one project may include some or all phases of project development, including engineering, structural engineering, planning services, and survey services, and shall include, but not be limited to, those listed below for the Reservoir 4 Roof Rehabilitation and Repairs Project and will be performed under the direction of the Engineering Manager of Utilities:
1. Preliminary Engineering - This may include preparing base maps in AutoCAD 2023 (version may be updated over the term of the list), preparing preliminary layouts, estimating probable costs, and developing project alternatives as requested.
2. Design Stage - This may include preparing engineering designs, calculations, plans, specifications, cost estimates, and contract bidding documents. The client may review the plans and construction documents at the following stages: 30% (preliminary engineering), 60%, 90%, and 100% (final engineering/construction) plans. All project calculations, supporting and/or reference information, correspondence, photos, files (including AutoCAD), etc., shall be provided to the client with the final submittal or upon request. All drawings shall be prepared using a standard engineering scale in AutoCAD 2023, and bid set prints shall be signed and stamped in PDF format.
3. Permits - Assist the client in obtaining permit approvals (e.g., land use, Caltrans, San Bernardino County, Regional Water Board), including California Environmental Quality Act review, as required from applicable agencies at the discretion of client staff.
4. Bidding Stage - Assist the client in answering bidders' questions in writing, as well as verbally, attend pre-bid conferences, and/or job walks.
5. Construction Stage - Attend the pre-construction meeting, assist the Construction Manager with interpretation of plans and specifications, provide answers to Requests for Information, analyze changed conditions, develop corrective action, review shop drawings, and provide review of submittals as needed. Prepare record drawings and plot final record PDFs for project files.
6. Construction Management - Perform construction management for projects, including construction inspection, conducting and documenting meetings, managing budgets, documenting change orders, and related activities.
7. Specific Studies - Certain projects may involve studies for optimizing water treatment processes, forecasting supply and demand issues as they relate to daily operations, water and wastewater modeling, and other master planning type work.
8. Conducting Investigations or Studies - To assist with addressing a specific topic and writing technical memoranda to describe and support findings and conclusions.
The Engineering Professional may be asked to provide other services, such as survey, planning services, geotechnical engineering, electrical engineering, SCADA, and structural engineering, from either in-house forces or subconsultants. Some of these services may be subject to payment of prevailing wages as required by State law.
13 99999.92017\45217049.1
The Engineering Professional may be asked to help with the implementation of projects that are funded through the State Revolving Fund loan program. Work could include knowledge of submittal requirements, processing and reporting for projects, and loan completion.
Neither the Engineering Professional nor any of its officers, employees, agents, or subcontractors, if any, is an employee of the client by virtue of this contract or performance of any work under this contract.
Engineering Professional employees performing such services may work with a variety of stakeholders and may be required to interact with other departments and the public.
The Engineering Professional remains responsible for the work product and performance of its employees, provided, however, that the Engineering Professional will, upon request by the client, replace an Engineering Professional employee with a different employee.
Engineering Professional personnel provided access to the client electronic communications system, including Internet and email, must comply with all rules applicable to use by client employees of the electronic communications system.
Engineering Professional personnel working from client locations must observe the working hours applicable to the location.
14 99999.92017\45217049.1
EXHIBIT B
Schedule of Charges/Payments
Consultant shall invoice the City monthly and shall include with each invoice an itemized breakdown of the services performed, hours worked, applicable billing rates, and reimbursable expenses, if any. Consultant shall notify the City of any services that fall outside the agreed-upon scope of work and obtain the City's prior written authorization before performing such services.
Compensation shall be provided on a time-and-materials basis in accordance with the rates set forth in this Exhibit.
BKF
2026 STANDARD SCHEDULE OF FEES `�
PROJECT MANAGEMENT DESIGN&TECHNICAL SERVICES PLANNING Principal-in-Charge $395.00 Principal Engineer $310.00 Lead Technical Specialist $310.00 Manager VT $365.00 EngineerV $290.00 Technical Specialist V $275.00 Manager V` $335.00 Engineer IV $265.00 Technical Specialist IV $240.00 Manager IV" $315.00 Engineer Ill $245.00 Technical Specialist Ill $205.00 Manager III* $300.00 Engineer II $215.00 Technical Specialist II $170.00 Manager II* $285.00 Engineer I $190.00 Technical Specialist I $135.00 Manager I* $265.00 Designer V $245.00 Planner/Scientist V $215.00 Project Coordinator Ill $220.00 Designer N $215.00 Planner/Scientist IV $200.00 Project Coordinator II $190.00 Designer Ill $190.00 Planner/Scientist Ill $185.00 Project Coordinator I $165.00 Designer II $175.00 Planner/Scientist II $165.00 Project Assistant II $140.00 Designer I $160.00 Planner/Scientist I $140.00 Project Assistant) $120.00 Design Assistant $115.00 Technicia/Field Monitor V $175.00 CONSTRUCTION MANAGEMENT Principal Surveyor $310.00 Technician/Field Monitor IV $160.00 Principal Construction Manager $375.00 Surveyor V $290.00 Technician/Field Monitor III $145.00 Construction Manager V $345.00 Surveyor IV $265.00 Technician/Field Monitor II $130.00 Construction Manager IV $305.00 Surveyor III $245.00 Technician/Field Monitor I $115.00 Construction Manager Ill $285.00 Surveyor II $215.00 GOVERNMENT SERVICES Construction Manager II S250.00 Surveyor I $190.00 City Engineer $295.00 Construction Manager I $225.00 Survey Technician V $245.00 Deputy City Engineer $250.00 Survey Technician IV $215.00 Plan Check Engineer $205.00 Resident Engineer IV $315.00
Survey Technician Ill $190.00 Permit Engineer $195.00 Resident Engineer III $295.00 .
Survey Technician II $175.00 Senior City Inspector $215.00 Resident Engineer II $265.00
Survey Technician I $160.00 City Inspector $200.00 Resident Engineer I $245.00
Survey Assistant $115.00 Inspector $165.00
Assistant Resident Engineer $230.00
SIM Specialist III $245.00 Stormwater Specialist V $250.00 Office Engineer II $165.00
BIM Specialist II $215.00 Stormwater Specialist IV $220.00 Office Engineer I $140.00 BIM Specialist $190.00 Pe Stormwater Specialist Ill $190.00
Structure Representative IV $310.00
Technician Manager $245.00 Stormwater Specialist II $160.00 Structure Representative III $295.00 Technician IV $215.00 Stormwater Specialist I $130.00
Structure Representative II S265.00
Technician III $190.00 Building Official $285.00 Structure Representative I $240.00 Technician II $175.00 Senior Building Inspector $220.00
Construction Inspector III $220.00 Technician I $160.00 Building Inspector $195.00
Construction Inspector II $210.00 Technical Analyst $160.00 Grant Writer/Specialist IV $220.00 Construction Inspector I $195.00 ADMINISTRATIVE SUPPORT Grant Writer/Specialist III $190.00 HELD SURVEYING Graphics/Visualizaton Specialist $165.00 Grant Writer/Specialist II $160.00 Utility L.xator IV $245.00 Office Administrator II $135.00 Grant Writer/Specialist I $130.00 Utility L.xator III $215.00 Office Administrator I $110.00 Utility Locator II $180.00 DIRECT EXPENSES the of outside consultants and vendors as well as copies,blueprint;.survey stakes, Utility Locator I $130.00 monuments,computer plots,telephone,travel lout of area)and all similar charges directly connected with the Survey Party Chief II $255.00 workill be charged at cost plus fifteen percentl15%l.Mileage will be charged at the prevailing IRS mileage reimbursement rate.
Survey Party Chief I $245.00 PREVAILING WAGE RATES Several categories above are used for field work on projects and subjectto federal Survey Chainperson II $170.00 or state prevailing wage law and are subject to increases per DIR.
Survey Chain person I $160.00 ANNUAL ESCALATION The rates shown are subject to periodic increases,including January 1st of each year.
Survey Apprentice IV $155.00 OVERTIME for non-exempt employees will be charged at 1.5 times the hourly rate shown above;overtime for Survey Apprentice III $145.00 exempt employees and other classifications will be charged at 1.0 times the hourly rate shown above.
Survey Apprentice II $130.00 EXPERT WITNESS rates are available upon request.
Survey Apprentice I $100.00 .MANAGER CLASSIFICATIONS include Program Manager,Project Manager,and Technical Manager.
June 1,2026
99999.92017\45217049.1
4 Or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Oqt�� 4Qr
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.
The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.
Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s): _ ✓ NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? ❑YES If yes, please identify the Council Member(s):
LINO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application.
June 11 , 2026 9. . C- / -
Date Signature of authorized individual
Joe Pope, Practice Lead-Water CM VP
Company/Applicant Name
(Levine Act definitions on reverse side)
4,OF Upt
Public Works Department—Utilities Division
/ r • es Telephone 909-291-2930
oiLIF0lt1�
MEMORANDUM
TO: Michael Blay, City Manager
FROM: Jessica Gordon, PhD, Deputy Public Works Director Richard Gonzales, Deputy Director of Utilities
DATE: July 20, 2026
RE: AB 339 Compliance Requirements for Reservoir 4 Project Effective January 1, 2026,Assembly Bill(AB)339 established new notification and meet-and- confer requirements when a public agency proposes to enter into, renew, amend, or extend a contract for services that are within the scope of work performed by classifications represented by a recognized employee organization.
To ensure compliance with AB 339 and avoid delays in contract approval, departments must complete the review process outlined below before requesting placement of a Professional Services Agreement(PSA) on a City Council agenda.
AB 339 applies when the contracted services are currently performed by City employees, could reasonably be performed by City employees, or fall within the scope of work of an existing bargaining unit classification.
Prior to submitting a PSA for agenda placement, departments shall:
1. Determine Whether AB 339 Applies
a. Review the scope of work and identify whether the services fall within duties performed by any City classification.
b. Consult with Human Resources if there is any question regarding bargaining unit work or classification overlap.
2. Submit Documentation to Human Resources
a. Provide the proposed scope of work.
b. Provide a draft agreement, proposal, quote, or statement of work. c. Provide the anticipated contract amount and contract term. d. Provide the proposed Council meeting date.
3. Allow Time for AB 339 Compliance
a. Human Resources will review the proposed services and determine whether AB 339 notice is required.
b. If required, the City must provide written notice to the affected employee organization(s) at least forty-five (45) days before approval of the agreement. c. During the notice period, the employee organization may request information and/or meet and confer regarding the proposed contracting of services.
4. Agenda Scheduling
a. No PSA subject to AB 339 shall be scheduled for City Council consideration until the required notice period has expired or the affected employee organization has agreed in writing to waive all or a portion of the notice period. b. Departments should anticipate a minimum review period of sixty (60) days when AB 339 may apply.
For all Professional Services Agreements, departments shall complete the following checklist:
❑X Scope of work reviewed for AB 339 applicability.
❑X Draft agreement, proposal, or statement of work submitted to Human Resources. ❑X Funding source identified.
❑X Proposed Council date provided.
❑X Human Resources determination received.
❑X Forty-five (45) day notice completed or waiver obtained, if applicable. ❑X Agenda item approved for scheduling.
Departments are encouraged to engage Human Resources as early as possible in the procurement process to ensure compliance with AB 339 and avoid delays in project implementation.
Director Approval: ( AB 339 Notice Date: N/A HR Approval: gut: 45-Day Exp. Date: N/A
Finance Approval: o Union Waiver Date: N/A Approved for Agenda Placement: ❑X Yes ❑ No
4 of riz.z
CITY OF UPLAND
BUDGET AMENDMENT
P - c tiP
-4xpoo
Date: 7/27/2026 Fiscal Year: FY26-27
Requested by: Charles Kwon Amount: $ -
Dept/Div: Finance Description: PW CIP BKF Engineers On-Call Services Augment Utlities Engineering Team
EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 6407500-5540-91036 Water/Cond-T3 - - 440,000.00 440,000.00 6407500-5540-92137 Water/ Plant 13 Chlor Gen - - 240,000.00 240,000.00 6407500-5541 Water/CIP Fund Pool 6,000,000.00 6,000,000.00 (680,000.00) 5,320,000.00 Total 6,000,000.00 I 6,000,000.00 - 6,000,000.00
REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
Fiscal Impact -
REASON/JUSTIFICATION (Please be specific)
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:
Description of Expense:
El Other- Explain:
AGREEMENT WITH BKF ENGINEERS FOR ON-CALL ENGINEERING SERVICES TO AUGMENT THE UTILITIES ENGINEERING TEAM This request is directly related to:
❑ Purchase Requisition No. Vendor:
El Council Meeting action: 7/27/2026 (Attach copy of minutes) Increase Purchase Order# OR Requisition #
APPROVALS
Dept Head Approval: Date:
Deputy Director of Finance: Date:
Funds Available? ❑Yes ❑No
o Approved ❑ Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:
Finance Division Only:
BA#: 01276003 Help Ticket#: N/A
Journal #: Initial/Date:
Revised:3/2024 Page 218/O 21fQQ7 PM
BKF
MNS
STRONGER BY DESIGN
April 2026
Subject: MNS and BKF Merger
Dear Valued Client,
We are pleased to inform you that MNS has recently merged with BKF. This marks an important milestone for our organization and strengthens our ability to serve our clients through expanded expertise, resources, and capabilities.
We want to assure you that this transition will not affect the high level of service you have come to expect from MNS. You will continue to work with the same project teams, and your ongoing projects will proceed without interruption.
As part of this transition, our name will be changing to BKF; however, there is no need to reassign or amend any existing agreements.The MNS legal entity will continue to operate as a wholly owned subsidiary of BKF, and your agreement will remain in place with MNS. All current contractual terms, including rate structures, will continue to be honored. In addition, our liability insurance will transition to the BKF policies, with equivalent limits, with no lapse in coverage.
As part of our integration, future invoices will reflect a co-branded MNS and BKF logo. At this time, there are no changes to payment remittance procedures, and no action is required from your organization. Payments should continue to be sent to the same remittance address currently on file.
Our EIN/TIN will remain unchanged, and existing ACH and wire payment instructions will continue to be valid. Should any updates to remittance or payment details become necessary, we will provide clear instructions in advance, including when and where to direct future payments.
We greatly value your continued trust and partnership and look forward to supporting your projects with the same commitment, expertise, and care—now further strengthened by the resources of BKF.
If you have any questions or would like additional information, please contact your Project Manager or the sender of this letter.
Sincerely,
Darren Riegler, PE
President
MNS, now part of BKF
BKF ENGINEERS
Walnut Creek Office: 1646 N.California Blvd,Suite 400,Walnut Creek,CA 945Q0alg9A .9103000
CITY COUNCIL AGENDA REPORT
CITY OF
OXNAKD INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
CALIFORNIA
DATE: February 4, 2025
TO: City Council
FROM: Michael Wolfe,Public Works Director, (805)385-8055,[email protected] SUBJECT: Multiple Agreements for On-Call Professional Engineering Services for Water,Wastewater, and Recycled Water Systems.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of one year from February 5, 2025,to February 4,2026,with an option for four consecutive one-year period extensions ending February 4,2030, for on-call professional engineering services for Water,Wastewater, and Recycled Water Systems:
1. Agreement 32500306 AECOM Technical Services, Inc. for a total amount not to exceed$1,000,000;
2. Agreement 32500307 Brown&Caldwell for a total amount not to exceed$1,000,000;
3. Agreement 32500308 Carollo Engineers,Inc. for a total not-to-exceed amount of$1,000,000;
4. Agreement 32500309 Dudek for a total amount not to exceed$1,000,000;
5. Agreement 32500310 GHD, Inc. for a total amount not to exceed$1,000,000;
6. Agreement 32500311 Kennedy Jenks Consultants,Inc., for a total amount not to exceed$1,000,000;
7. Agreement 32500326 Michael K.Nunley&Associates,Inc. DBA MKN for a total amount not to exceed$1,000,000;
8. Agreement 32500328 MNS Engineers,Inc. for a total amount not to exceed$1,000,000;
9. Agreement 32500312 Stantec Consulting Services,Inc. for a total amount not to exceed$1,000,000; and
10. Agreement 32500313 Woodard&Curran for a total amount not to exceed$1,000,000. (As of the date of this City Council agenda being posted,there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)
BACKGROUND
The Water and Wastewater Divisions utilize consulting firms to provide licensed technical expertise on various subjects within the Waster,Wastewater, and Recycled Water systems. Agreements with these specialty firms are necessary due to the nature and volume of the work within the divisions and will continue to support the departmental needs for various projects. There are currently seven utility on-call professional service agreements. Existing agreements have an initial expiration of January 31,2025, and in some cases, a time extension has been approved to accommodate open task orders.
The following summary includes the not-to-exceed(NTE) and amount spent as of December 19, 2024:
# Vendor Agreement# Agreement Start NTE Value Spent to Date Date
1 AECOM Technical A-8415 March 1, 2022 $1.5M $791,279.04 Services, Inc.
2 Brown& Caldwell A-8399 March 1, 2022 $750,000 $167,446.86
3 Carollo A-8413 February 1, 2022 $750,000 $523,264.09 4 Dudek A-8410 March 1, 2022 $1M $117,281.00 5 GHD A-8393 February 1, 2022 $1.5M $423,794.14 6 Kennedy Jenks A-8411 February 1, 2022 $750,000 $380,722.02 7 MNS A-8405 February 1, 2022 $1M $694,418.08 Pre-approved on-call professional service agreements reduce the amount of time necessary to complete certain types of smaller utility projects. These specialized services include but are not limited to project management, feasibility studies and assessments, design and engineering services,regulatory compliance and permitting, construction management and inspection,operational support and optimization,hydraulic modeling and analysis, sustainability and resource management, community and stakeholder engagement, and reporting and documentation.
DISCUSSION
On September 11,2024,the Purchasing Department issued a Request for Qualification(RFQ)25-29 for On-Call Professional Engineering Services. The RFQ was directly sent to six potential vendors and published on www.PublicPurchase.com as well as the City's Purchasing website. Proposals were due October 17,2024, and a total of 15 proposals were received from the following vendors:
Aecom Advanced Hydro Engineering Brown & Caldwell Cannon Carollo Engineers, Inc. Dudek
Filippin Engineering Geosyntec Consultants GHD Kennedy Jenks Consultants MKN &Associates MNS Engineers Stantec Consulting Services, Inc Water Systems Consulting Woodard& Curran A panel that consisted of the Wastewater Division Manager,Interim Water Division Manager, and Assistant Director of Public Works selected 10 firms with a determination that the vendors in the above Recommendation section are the highest-ranked proposers based on the scoring criteria listed in the RFQ. Scoring criteria consisted of company profile, assigned staff,relevant experience and overall responsiveness that best met the City's criteria from the RFQ, consistent with the City's municipal code. Additionally,the awarded vendors meet all required City contractual provisions, including possession of a City business tax certificate,insurance certificates,and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the awarded vendors are capable of satisfactorily performing On-Call Professional Services to the Water,Wastewater, and Recycled Water facilities.
Professional services under these agreements will be composed of task orders for each individual project assigned by the City and under the supervision of a Project Manager. The task order proposal will identify a concise description of the scope of work to be performed by the consultant,the method by which the consultant plans on completing the work, and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work so that the assigned task order can be completed to the satisfaction of the City of Oxnard. Once the City has received all proposals,they will review each and make a selection of the firm based on factors that include price, experience,methods, and schedule.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads,utilities,parks,trees,water supply and natural resources through effective planning,prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for each agreement shall not exceed$1,000,000 over five years if extended. Funding will be charged from available funds in the Water Operating and Capital Funds 601 & 602 or Wastewater Operating and Capital Funds 611 & 612 dependent upon the services performed by task orders and available funds. The respective Division/Project Manager will ensure sufficient funding is available in the approved operating budget for related tasks prior to initiating work orders or services performed. Subsequent fiscal year allocations will be requested during the annual budget process.
COMMITTEE OUTCOME
As of the date of this City Council agenda being posted,there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.
Prepared by: Timothy Beaman, Assistant Public Works Director
ATTACHMENTS
1. Agreement 32500306 AECOM Technical Services, Inc.
2. Agreement 32500307 Brown&Caldwell
3. Agreement 32500308 Carollo Engineers, Inc.
4. Agreement 32500309 Dudek
5. Agreement 32500310 GHD, Inc.
6. Agreement 32500311 Kennedy Jenks Consultants,Inc.
7. Agreement 32500326 Michael K.Nunley&Associates, Inc. DBA MKN
8. Agreement 32500328 MNS Engineers, Inc.
9. Agreement 32500312 Stantec Consulting Services Inc
10. Agreement 32500313 Woodard&Curran
11. Prior Agreement Rates and Costs Exhibits
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
CITY OF
OXNARD
CALIFORNIA
City of Oxnard
Request for Qualifications (RFQ)
On-Call Professional Engineering Services for
Water, Wastewater, and Recycled Water Systems
RFQ No. 25-29
Bid Close Date: October 17, 2024
at or before 2 : 00 p.m. PT
City of Oxnard
Purchasing
300 West Third Street
Oxnard, CA 93030
Solicitation opportunities: https://www.oxnard.org/rfps-and-rfqs/ City Website: https://www.oxnard.org/
1
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
TABLE OF CONTENTS
A. SOLICITATION INTRODUCTION
1.0 Timeline of Events
2.0 General Information
3.0 Period of Performance
4.0 Introduction
5.0 Background Information
6.0 Scope of Services
7.0 Qualifications
8.0 Evaluation Method
B. PROPOSAL GUIDELINES
Tab A—Proposal Checklist
Tab B—Acknowledgement
Tab C—Company Profile/Experience
Tab D— Scope of Services
Tab E—References
Tab F—Proposer Attachment
C. EXHIBITS
Exhibit 1 - Sample Agreement for Professional Services
Exhibit 2 - Insurance Requirements INS-A
Exhibit 3 - City of Oxnard Terms & Conditions
Exhibit 4—Conflict of Interest
Exhibit 5 —Iran Contracting
Attention Proposers: please complete Section Tabs A-G and upload as part of your bid response. Proposals must be submitted electronically at https://www.publicpurchase.com All questions must go through the Public Purchase portal. 2
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
1.0 TIMELINE OF EVENTS
Proposers will be responsible to carefully examine the requirements contained herein.
Proposed Timeline
DATE ACTIVITY
September 11, 2024 Release of Solicitation
October 9, 2024 Last day for Questions by Proposers Proposer inquires must be submitted online: Public Purchase website.
Submission of the Proposal is to be uploaded to the Public Purchase October 17, 2024 website at or before 2:00 p.m. local time. https://www.publicpurchase.com
October 21, 2024 to Review of Proposals
November 1, 2024
Week of November 4, Proposer Presentations
2024
November 12, 2024 Agreement Development/Negotiations December 10, 2024 Committee Date
January 7, 2025 City Council approval
January, 2025 Contracted work begins
The above dates are tentative and are subject to change as necessary. 3
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
2.0 GENERAL INFORMATION
Oxnard, a vibrant and growing community of approximately 210,000 people, is located on the beautiful Southern California coast and is the most populous city in the County of Ventura.
Nestled about 60 miles northwest of Los Angeles and 35 miles south of Santa Barbara, Oxnard prides itself on its rich diversity and culture. Oxnard is a full-service city. Incorporated as a general law city in 1903, Oxnard operates under the council-manager form of government. The governing body, the City Council, is composed of seven(7)members.
This city by the Pacific Ocean is an ideal place to raise a family; Oxnard residents enjoy a spirit of community pride. With its attractive residential areas located among tree-lined streets,parks and beaches, Oxnard provides a wide variety of housing choices.
3.0 PERIOD OF PERFORMANCE
The period of performance anticipated for this solicitation shall be for a period of up to 5 years beginning January, 2025 or effective upon signature of an Agreement by both parties, through January, 2030 unless terminated earlier. After the first year, and each year thereafter, the City shall have the option to extend the term pursuant to the Agreement,upon mutually acceptable services, cost adjustments, and the City requirements. There is no obligation by the City to purchase any specified amount of goods or services
4.0 INTRODUCTION
The purpose of this Request for Qualifications (RFQ) is to solicit and receive Statements of Qualifications (SOQ) from consulting engineering firms that are highly qualified in water, wastewater and recycled water treatment, wastewater collections, water distribution, operations, regulatory compliance,permitting, optimization, and construction phase services. The intent is to issue 5-year agreement(s) for up to $1,000,000 with each qualified firm. The City is under no obligation to issue more than a single contract,but may issue multiple contracts based on qualifications.
The contract will be on a task order basis and no task orders are guaranteed. Task orders will be issued based on the estimated value of the work, complexity, schedule, qualifications, and previous involvement with the work.
The City will make every effort to issue task orders to all pre-qualified firms in similar amounts over the life of the contract.
4
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P 1 5.0 BACKGROUND INFORMATION
The City owns and operates a public drinking water system, recycled water system, and wastewater system. The drinking water and recycled water systems are operated, maintained and managed by the Oxnard Water Division. The wastewater system is operated, maintained and managed by the Oxnard Wastewater Division. Both Divisions are in the Oxnard Public Works Department and report up through the Assistant Public Works Director responsible for utilities.
The Water and Wastewater Divisions have a need for qualified engineering firms to complete small to medium size technical and administrative tasks on an as needed basis. The intent of this solicitation is to contract with one or more firms to respond to the needs of the Divisions through assigned Task Orders described further below.
All three systems are undergoing substantial capital improvements based on the previously approved Public Works Integrated Master Plan(PWIMP). On-going and future planning, design and construction support services related specifically to projects identified in the PWIMP are being completed under other contracts. The PWIMP and CIP may be found on the City website at oxnard.gov.
The following briefly describes facilities and infrastructure within each System:
Water System
The water system delivers over 20 million gallons of potable water per day to over 40,000 connections serving over 200,000 customers using the following systems:
• Groundwater from ten(10) local wells
• Groundwater from United Water Conservation District(UWCD) • Surface Water from Calleguas Municipal Water District (CMWD) • Six (6) blending stations
• Over 600 miles of transmission and distribution pipes ranging in size from 4-inch to 54- inch
• Reverse osmosis groundwater desalter
• 600,000 gallon finished water storage tank
• High service pump station
• Emergency back-up generators
5
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P Wastewater System
The Water Recourse Recovery Facility(WRRF) is a secondary treatment plant located at 6001 Perkins Road. The WRRF has an average dry weather flow (ADWF) design capacity of 31.7 million gallons per day(mgd) with provision for an ultimate ADWF design capacity of 39.7 mgd. The WRRF includes the following major treatment facilities:
• Preliminary treatment • Chlorination and dechlorination (Headworks) including • Effluent pumping and ocean mechanically cleaned bar outfall
screens, aerated grit removal, and • Emergency standby power influent pumping generators
• Primary sedimentation including • Onsite cogeneration facilities Chemically Enhanced Primary • Primary and secondary solids Treatment(CEPT) thickening
• Bio-filters(trickling filters) • Anaerobic digestion operated in series with the • Solids processing facilities activated sludge system • Odor control facilities • Interstage pumping • Ocean outfall pipeline • Fine-bubble activated sludge • 15 lift stations • Secondary sedimentation • Over 400 miles of gravity sewers • Secondary effluent equalization
Recycled Water System
The Advanced Water Recycling Facility(AWPF) treats WRRF secondary effluent to produce up to 6.25 mgd(expandable to 15 mgd) of highly purified recycled water. The AWPF utilizes microfiltration(MF),reverse osmosis (RO), and advanced oxidation treatment(UV)to produce a recycled water product that meets the stringent State requirements for aquifer storage and recovery program and agricultural irrigation. Purified water from the AWPF is pumped into two transmission mains—the backbone running generally north and south from the AWPF to US-101 along Ventura Road and Hueneme Pipeline running east and west in Hueneme Road to Wood Road.
6
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
6.0 SCOPE OF SERVICES
The Consultant shall furnish all necessary labor,materials, equipment and other incidental and appurtenant work to provide On-Call Professional Engineering Services for the Water, Wastewater, and Recycled Water systems for the City of Oxnard.
The Scope of Work may include, but not be limited to, consulting and project management related to the following systems and appurtenances:
Water Distribution
• Pump stations
• Pipelines
Water Treatment
• Desalter groundwater treatment
Water Production
• Wells
• Blending stations
Advanced Water Purification
• MF and RO membrane treatment
• Regulatory compliance
• Distribution
• Groundwater recharge
• IPR/DPR
Wastewater Collection
• Gravity sewer lines
• Manholes
• Lift Stations
• Force mains
• I/I analysis
Wastewater Treatment
• Process analysis and design
• Plant hydraulics
• Odor control
General
• Chemical storage and dosing
• Pumping systems
• Electrical systems
• Cost estimating
7
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P Project Management
• Define task order objectives, scope, and deliverables. • Develop and maintain a detailed project schedule, including milestones and deadlines. • Conduct progress meetings with the key project stakeholders. • Track project budget,resources, and timelines to ensure efficient execution.
Feasibility Studies and Assessments
• Conduct preliminary assessments of existing water, wastewater, and recycled water systems.
• Evaluate the feasibility of proposed projects, including cost-benefit analysis and risk assessments.
• Provide technical reports summarizing findings,recommendations, and potential impacts.
Design and Engineering Services
• Develop conceptual, preliminary, and detailed designs for water, wastewater, and recycled water systems.
• Prepare engineering drawings, specifications, and construction documents. • Ensure designs comply with local, state, and federal regulations, as well as industry standards.
Regulatory Compliance and Permitting
• Assist in obtaining necessary permits from regulatory agencies. • Provide guidance on compliance with environmental regulations, including water quality standards and discharge permits.
• Prepare and submit required regulatory documentation and reports.
Construction Management and Inspection
• Provide oversight during the construction phase, including site inspections and quality assurance.
• Review and approve contractor submittals, including shop drawings and material specifications.
• Monitor construction progress to ensure adherence to design specifications and project timelines.
Operational Support and Optimization
• Conduct operational assessments of existing systems to identify inefficiencies and areas for improvement.
• Provide recommendations for optimizing system performance and reducing operational costs.
• Assist in the development of standard operating procedures (SOPs) and maintenance plans.
Hydraulic Modeling and Analysis
• Review and exercise hydraulic models for water, wastewater, and recycled water 8
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P systems.
• Perform system capacity analysis to evaluate current and future demands. • Use modeling tools to simulate various scenarios and assess the impact on system performance.
Sustainability and Resource Management
• Provide expertise in water conservation strategies and demand management. • Assess opportunities for integrating recycled water into existing systems. • Develop strategies for reducing energy consumption and greenhouse gas emissions in utility operations.
Community and Stakeholder Engagement
• Facilitate public meetings and stakeholder consultations to gather input and address concerns.
• Prepare and distribute informational materials to communicate project objectives and benefits.
• Assist in developing and implementing communication plans to keep the public informed throughout the project.
Reporting and Documentation
• Prepare detailed reports summarizing project progress, findings, and recommendations. • Maintain comprehensive records of all project-related activities, including communications, approvals, and changes.
• Provide final project documentation, including as-built drawings, operation manuals, and maintenance schedules.
7.0 QUALIFICATIONS
Qualified Consultants shall have, at a minimum, experience in water, recycled water and/or wastewater planning, policy®ulations, feasibility studies, modeling, operations and process analysis, design, and cost estimating. Relevant Experience shall include:
Water Distribution Advanced Water Purification
• Pump stations • MF and RO membrane treatment • Pipelines • Regulatory compliance
• Distribution
Water Treatment • Groundwater recharge
• Desalter groundwater treatment • IPR/DPR
Water Production Wastewater Collection
• Wells • Gravity sewer lines
• Blending stations • Manholes
• Lift Stations
• Force main I/I analysis
9
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P Wastewater Treatment
• Process analysis and design
• Plant hydraulics
• Odor control
General
• Chemical storage and dosing
• Pumping systems
• Electrical systems
• Cost estimating
• Storm water
Selected Consultants shall provide and be responsible for all professional and support services required to manage, control, track and report on the progress of work and expenditures identified in issued Task Orders, including but not limited to:
• Budget control
• Schedule control
• Scope compliance
• Quality Assurance/Quality Control
• Coordination meetings
• Documentation and deliverables
MINIMUM CONSULTANT REQUIREMENTS
The Consultant shall meet the following requirements:
• Experience: The Consultant must have a minimum of 10 years' experience providing engineering services to municipalities of similar size or sufficient experience in the analysis,planning, design, troubleshooting, and optimization of water, wastewater, or recycled water systems.
• Compliance: Consultant shall comply with all applicable Federal, State and local laws and ordinances. This includes City insurance and indemnification requirements.
USE OF SUBCONSULTANTS
The prime Consultant must identify subconsultants for a particular task order to be approved by the City. Certifications, licensing, bonds, insurance, and required documentation for a subconsultant shall be the responsibility of the prime Consultant. Mark-up on subconsultant invoices shall be limited to 10% and invoices must be included with prime Consultant invoices. 10
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
PAST TASK ORDER EXAMPLES
• Engineering evaluation of current flow metering for wet and solids process streams at Water Resource Recovery Facility(WRRF)
• Engineering services for the UV lamp replacement at AWPF • Underground utility mapping at the WRRF
• Evaluation of anaerobic digester improvements at the WRRF • Engineering services to prepare documents for the Blending Station Wells VFD replacement
• Consulting services to evaluate site-specific industrial limits for boron, TDS and chloride • Alternatives study for planning/tenant improvements of the maintenance building • Engineering support for State Revolving Fund funding application associated with planned improvements
• Design realignment of chemical piping at AWPF Chemical Building to increase safety and security of operation
• Chemically Enhanced Primary Treatment Optimization and Feasibility Study • Design services for Secondary Clarifier mechanical equipment replacement • Development of a report outlining industry trends, regulatory requirements, operational constraints, and the City's recycled water goals
• Engineering services to repair a submerged crack in the ocean outfall • Risk Management Program compliance audits and hazard reviews for the ammonia systems
11
City of Oxnard Solicitation#25-29
Purchasing Department Proposal Close Date: 10/17/2024 by 2:00 PM P
REQUIRED CONSULTANT SUBMITTALS
Company Profile
• History
• Company type (corp, etc)
• Services Offered
• Years in utility industry
• Office location(s)where services will be rendered
Assigned Staff
• Consultant shall submit an organization chart
• Consultant shall submit a list of proposed sub consultants • At a minimum, consultant shall submit one (1)resume for the following key proposed team members (limit 4 pages per resume). The assigned staff member may work for either the prime consultant or a sub-consultant. Additional proposed key team members may be submitted.
o Project Director
o Project Manager
o Process Engineer
o Civil Engineer
o Mechanical Engineer
o Electrical Engineer
o Instrumentation Controls/ SCADA Engineer
o Structural Engineer
Experience
• Consultant shall submit a maximum of 10 relevant water, wastewater, or recycled water projects. Each submitted project shall include:
o Brief project description
o Project start date and end date
o Services provided
o Professional service costs (i.e planning, design, construction engineering/ management)
o Construction and total project costs
o Key team members
o Client contact information
• Provide a matrix of projects and key personnel. Matrix should indicate the proposed personnel that worked on the 10 relevant water,wastewater, or recycled water projects. 12
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
8.0 EVALUATION METHOD
The Evaluation Committee will review and score only those proposals that are deemed responsive to this RFQ and presented in the format as set forth in Tab A below. Failure to include any sections in the proposal may result in that proposal being deemed non responsive.
During the scoring process, the Evaluation Committee may contact the Proposer's references or any other sources deemed relevant by the Evaluation Committee as part of their review of the Proposer's qualifications to perform the requested services or work. Selection will not be based on the lowest priced proposal,but will be based on the following criteria:
ON-CALL PROFESSIONAL ENGINEERING SERVICES FOR
WATER, WASTEWATER,AND RECYCLED WATER SYSTEMS
SCORING
Criteria Description Weight Factors
1. Company Profile
• History
• Company type(core, etc) 15
• Technical capabilities
• Years in utility industry
2. Assigned Staff
• Experience and credentials of assigned
staff 50
• Org chart
• Detailed Resume(Limit 4 pages per staff)
3. Experience
• Relevant utility project experience, limit
10 projects 30
4. Overall Responsiveness
• No deviations or exceptions to Oxnard 5
contract language
• Complete proposal package
12
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
Instructions:
a) This section must be filled in and each item checked off to ensure all items requested by the City in this solicitation have been submitted.
b) Follow the instructions in each section of this solicitation. c) Present all requested items in the index tabs ordered A through G as shown. d) Label each item presented and include additional items on your table of contents. e) All proposals must include a detailed description of each proposed service to be provided. f) Proposers that do not follow the bid instructions found in the separate document titled "Terms and Conditions" may be found to be "non-responsive" and disqualified from the bid process.
Name of Company: MNS Engineers
On-Call Professional Engineering Services for Water,
Service to provide: Wastewater, and Recycled Water Systems Main Point of Contact: Nicholas Panofsky, PE, QSD
E-mail: [email protected] Phone: 805.722.2734 13
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
Tab A Proposal Submission Checklist
General Proposer Information
Please provide one copy of the following items in your proposal. Indicate the page number where the item is located.
Page Number
❑ Tab A: Proposal Checklist (this page)
❑ Tab B: Acknowledgements
❑ Tab C: Company Profile/Experience
❑ Tab D: Scope of Services
❑ Tab E: References
❑ Tab F: Proposer Attachment
CERTIFICATION
I, the undersigned, certify and declare I have read and know the contents of the proposal the proposer listed below is submitting to the City of Oxnard ("City"). I certify under penalty of perjury that the preparer(s) of this proposal has/have provided only complete and truthful information to the City in this proposal. I understand that any misrepresentations or material omissions within this proposal will be grounds for potentially disqualifying the proposer or not awarding the contract to the proposer. Additionally, any misrepresentations or material omissions within this proposal are considered breaches of the contract(should the proposer be awarded that contract); the City shall have the right to terminate the contract immediately without consequences, and the City retains all other legal rights available to the City for breach of contract.
I,the undersigned, hereby give permission to the City and its employees and agents to contact references—including those references' officials, employees, and agents (collectively, "References")—of the proposer and its officers, managers, members, general partners, limited partners, or other owners of at least ten percent(10%) of the business, or if the business is a corporation or s-corporation, of its stock(collectively, "Owners"), and request information from other clients—including those clients' officials, employees and agents (collectively, "Other Clients"). I further give permission for the City to review any criminal records of the Owners and obtain public records regarding the Owners, such as records of arrests, indictments, convictions, civil judicial actions, tax liens, and outstanding judgments. I have authority to waive, and I do waive, any and all rights and claims by the proposer, the Owners, and all of their heirs and assigns against the City and its officials, employees and agents, the References, and the Other Clients regarding any actions taken pursuant to, related to or incidental to, the authorization given in this paragraph. Furthermore, I agree that the City and its officers, employees and agents may but have no obligation to share any such information. 14
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
I am executing this proposal on behalf of the proposer. I warrant and represent under penalty of perjury that I have the authority to execute this proposal on behalf of the proposer and I have the authority to bind the proposer to the answers provided in this proposal. If any information provided herein becomes inaccurate, I will immediately notify the City and provide updated accurate information in writing,under penalty of perjury.
CERTIFICATIONS
I, Nicholas Panofsky, PE, QSD of MNS Engineers
Printed Name of Agent/Officer Name of Organization Hereby certify that by submission of this proposal in response to the solicitation, agree upon contract award to carry out the requirements specified and obligations set forth therein.
Signature: Date: 10/17/2024
Title of Agent/Officer: Vice President
Execution hereof is certification that the undersigned has read and understands the terms and conditions hereof and that the undersigned's principal is fully bound and committed. 15
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
Tab B-Acknowledgement
Clarifications,Exceptions,or Deviations
All Proposer(s) shall describe any exception or deviation from the requirements of the solicitation.
Each clarification, exception,or deviation must be clearly identified. If your company/firm/sole proprietorship has no clarifications, exceptions, or deviations, a statement to that effect shall be included in this section. The sample service agreement is a separate attachment discussed in the solicitation labeled"Sample Agreement" and"Proposer Terms and Conditions"document located on the Public Purchase website and incorporated herein by this reference.
The following contractual terms are non-negotiable:
a. Termination
b. Indemnification
c. Insurance
d. Conflict of Interest
e. Governing Law
f. Assignability of Agreement
Do you have any other exceptions/deviations?If so,please identify the exception and provide an explanation:
PROPOSER'S RESPONSE: MNS does not have any agreements/exceptions.
1. Evidence of Insurability/Business Licenses
All Proposer(s) shall submit evidence of all required insurance. If awarded the contract the Proposer has ten(10) calendar days to produce the required insurances, including a certified endorsement naming the City as additionally insured. The Proposer shall certify to the possession of any and all current required licenses or certifications. Proposer must provide a copy of current business license or other applicable licenses.
2. Transition (If applicable)
Upon expiration or termination of this agreement for any reason,during the transition close-out period the company/firm/contractor agrees to:
a. Continue delivering services until notified otherwise; and b. Assist the City in the orderly transition and transfer of all collaborations and committees to the City and the subsequent company/firm/contractor; and
c. Provide, in a timely manner, all file and information deemed necessary by the City for use in subsequent contracting activities without additional cost to the City or the new company/firm/contractor,upon termination or expiration of this agreement for any reason; and d. Cooperate with the City during a transition close-out period to ensure orderly and seamless delivery of services to the City
16
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
Tab C - Company Profile/Experience
This section of the proposal is designed to establish the proposer as an entity with the ability and experience to operate the program as specified in the solicitation. The company profile should be concise and clear, including descriptive information regarding service delivery. The following information must be provided as follows:
1. Business name and legal business status (i.e. partnership, corporation, etc.).
PROPOSER'S RESPONSE: MNS Engineers,Inc.is a C-Corporation.
2. Company overview and disclosure of services or activities performed, including:
a. The City of Oxnard is a public agency with a City Council composed of elected officials.
The elected officials are restricted from voting on any action concerning a contract whose owners have made a campaign contribution of$250 or more in the previous 12 months.
To assist them in their decision making process,please indicate the owners of the company and if any contributions were made to any Oxnard elected officials. b. Company hierarchy (President, Vice President, Company Officers, etc.) and an organizational chart. The organizational chart shall clearly identify all staff members that will provide services under this contract.
c. The number of years in business under the present business name, as well as prior business names, and the number of years of experience providing the proposed, equivalent or related services.
d. Location of the office from which the work under this contract will be provided and the staff allocation at that office.
a. PROPOSER'S RESPONSE: None.
b. PROPOSER'S RESPONSE: Located in Attachment#1 and Attachment#2. c. PROPOSER'S RESPONSE: 62 years.
d. PROPOSER'S RESPONSE:Thousand Oaks office and staff allocation is 100%from that office.
3. An explanation of any litigation, current or within the last 5 years, involving the Proposer or any principal officers thereof in connection with any contract. Is your firm, or the principals associated with your firm, under investigation, being sued, suing, or affiliated in any lawsuit or alternative dispute resolution with any governmental agency? If so,please provide details.
17
City of Oxnard Solicitation#25-29
Purchasing Division Proposal Close Date: 10/17/2024 by 2:00 PM PT.
PROPOSER'S RESPONSE: MNS has not been the plaintiff or defendant in any civil or criminal litigation during the past five years.MNS is not currently involved as a plaintiff or defendant in any civil or criminal litigation.MNS has not had any instances of being disqualified,removed,or otherwise prevented from bidding on,or completing a federal, state,or local government project due to a violation of a law or safety issue.
4. List the members of your organization who are authorized to negotiate the agreement.
Please provide an email address for each individual listed.
PROPOSER'S Darren Riegler,President and CEO I [email protected] RESPONSE: Jeffrey Edwards,Vice President I [email protected] Shawn Kowalewski,Vice President I [email protected] Gregory Chelini,Vice President I [email protected] Wes McClendon,Vice President I [email protected] Tanya Bilezikjian,Vice President&Assistant Secretary I
[email protected]
Nicholas Panofsky,Vice President I [email protected] Peter Minegar,Vice President I [email protected] Brandon Reyes,Vice President I [email protected]
Kyle Turner,Vice President I [email protected]
Miranda Patton,Secretary I [email protected]
5. Credentials/Resumes/Certifications/Licenses:
This section shall state all employees/subcontractors responsible for administering or providing services. Provide a summary list of the organizational personnel that will actively participate and contribute their skills to this project. Include in this list the individual's name,job title, work location and relevant experience in projects of similar size and complexity. (Responses may be up to 4 pages per individual.) Proposer shall specifically provide the following information on all employees to be providing services related to this solicitation:
a. Current Responsibilities
b. Qualifications/Experiences
c. Education
d. Certifications/licenses, if applicable
e. List other pertinent information that will assist in evaluating Proposer's qualifications. a. PROPOSER'S RESPONSE: Located in Appendix A.
b. PROPOSER'S RESPONSE: Located in Appendix A.
c. PROPOSER'S RESPONSE: Located in Appendix A.
18