HomeMy WebLinkAboutAGENDA REPORT 2024 0103 CCSA REG ITEM 08CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 3, 2024
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO. 2024-
4219. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
C. Consider Resolution Approving a Contract with ABM Electrical & Lighting
Solutions, Inc., and Amending the Fiscal Year 2023/24 Budget to Appropriate
$27,720.82 from the Community-Wide Park Fund to the Capital Improvement
Budget Amending the Fiscal Year 2023/24 Budget Appropriating for the Acquisition
and Implementation of Certain Energy Related Improvements at Various City
Parks, Adopting Necessary Findings in Accordance with the California
Government Code, and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewith. Staff
Recommendation: 1) Open the public hearing, receive public testimony, and close
the public hearing; and 2) Adopt Resolution No. 2024-4219 to approve the Energy
Services contract with ABM Electrical and Lighting Solutions, Inc. for the
implementation of certain energy related improvements to City facilities in
accordance with California Government Code Sections 4217.10 to 4217.18.
(Staff: Roger Pichardo, Program Manager) (ROLL CALL VOTE REQUIRED)
Item: 8.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Roger Pichardo, Program Manager
DATE: 01/03/2024 Regular Meeting
SUBJECT: Consider Resolution Approving a Contract with ABM Electrical &
Lighting Solutions, Inc., and Amending the Fiscal Year 2023/24 Budget
to Appropriate $27,720.82 from the Community-Wide Park Fund to the
Capital Improvement Budget Amending the Fiscal Year 2023/24
Budget Appropriating for the Acquisition and Implementation of
Certain Energy Related Improvements at Various City Parks, Adopting
Necessary Findings in Accordance with the California Government
Code, and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewith
BACKGROUND
For many years the use of lighted sport courts at public facilities has required users to
insert coins to activate lights during nighttime play. Once activated, the lights remain
illuminated for a relatively short period of time before additional coins are required to keep
the lights on for extended periods of use until the park closes. Staff collects the coins
where they are then forwarded to the Finance Department for counting and deposited into
City funds. This process is frustrating for sport court users who frequently encounter
damaged fixtures where coins are inserted and is cumbersome for staff who spend hours
of staff time collecting, transporting, counting and depositing coins.
Additionally, the tennis court, pickleball court, and basketball court lighting fixtures and
coin-operated controls in the City’s parks have been in a state of decline for several years.
Many of the coin-operated controls and light fixtures are either original equipment or have
outlived their useful lifespans. Consequently, this decline has resulted in increased
energy costs, maintenance expenses, and mechanical failures affecting the overall
functionality and safety of these areas, and disposal costs associated with mercury-
containing high pressure sodium bulbs. These bulbs are being phased out in favor of
more energy-efficient lighting technologies, such as Light-emitting Diodes (LEDs), which
according to the U.S. Department of Energy have a significantly lower environmental
impact of all lighting sources.
Item: 8.C.
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In pursuing energy-efficiency improvements at the various parks, staff explored the cost
of removing all the coin-operated controls and replacing all the lighting fixtures to improve
the user experience, increase performance and efficiency, enhance safety, and minimize
their impact on the environment.
DISCUSSION
As part of the City’s Fiscal Year (FY) 2023/24 Capital Improvement Projects, the City
Council appropriated funds for Project No. C0074 - Tennis & Basketball Courts LED
lighting conversion. The project includes replacing all the tennis court, pickleball court
and basketball court lighting fixtures at Arroyo Vista Community Park, Miller Park,
Mammoth Park, Mountain Meadows Park, Peach Hill Park and College View Park.
Additionally, it includes the removal of all coin-operated lighting controls and the
installation of a manual on/off switch controlled by a lighting timer. Park patrons will have
the ability to turn the court lighting on and off at their leisure without the need to insert
coins. However, all the lights are currently installed on an individual circuit with a timer.
This ensures that the court lights are turned off at 10:00 p.m. when the park closes and
will re-energize the system again at dusk.
The energy efficiency improvements will be CalGreen compliant and will replace the
outdoor lighting with new LED fixtures. A complete scope of work is detailed in the
attached agreement. It should be noted that the removal of the coin operators is excluded
from the project scope with ABM Electrical & Lighting Solutions, Inc. (ABM) and will be
completed under a separate agreement with an electrical contractor.
Government Code 4217.10
Government Code Section 4217.10 et. seq. allows government agencies to select and
work with a contractor to develop and build projects that save energy or use alternative
energy sources, all in one contract. The purpose of this law is to reduce the burden on
government agencies and make it possible to implement energy-saving concepts and
new energy methods without significant concerns about high costs. It allows agencies to
bypass the competitive bidding process and directly enter into contracts with contractors.
Cooperative Purchasing through Sourcewell
As a member of Sourcewell, and in accordance with Government Code Section 4217.10,
a cooperative contract purchasing organization, the City leveraged Sourcewell's
purchasing power to streamline its procurement process. Sourcewell, operating as a
municipal contracting agency, establishes and offers competitively solicited procurement
contracts following the guidelines of the Uniform Municipal Contracting Law. Ultimately,
Government Code Section 4217.10 allows the City to bypass standard bidding processes
because the LED lighting, including installation costs, has already been bid through
Sourcewell.
In pursuit of these lighting improvements, the City engaged Sourcewell, enabling access
to a range of highly qualified electrical contractors in Southern California. Ultimately, the
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01/03/2024 Regular Meeting
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City selected ABM due to the completion of a similar project recently completed for the
City of Camarillo and a very positive reference check from the staff at Camarillo. The
pricing in ABM’s proposal is substantiated under Sourcewell Contract No. CA-R8-E01-
123021-ABM.
Cost Savings and Environmental Impacts
The cost of the lighting improvements is $168,597.37 and has an estimated simple
payback period of nine (9) years. The estimated total annual savings of $18,166
encompasses calculated energy and maintenance cost savings. A breakdown of the
project cost, among other things, is depicted in the table below. The energy savings is
calculated based on wattage of each fixture, burn hours, and existing kWh blended rate
from the electric utility bills. The maintenance savings is calculated based on industry
standard documented failure rates of the equipment.
Park and
Court Type
Fixture
Count
Project Cost
Includes
Bonding
Est.
Annual
Electricity
Cost
Savings
Est.
Annual
Maintenance
Cost Savings
Est.
Total
Annual
(Elec. +
Maint.)
Cost
Savings
Est.
Simple
Payback
Period
(Years)
Arroyo Vista
(Tennis
Courts)
64 $97,853.66 $5,831 $3,889 $9,720 9.3
Miller
(Tennis and
Basketball
Courts)
24 $29,752.61 $2,185 $1,458 $3,645 9.3
Mammoth
(Tennis and
Basketball
Courts)
8 $10,236.83 $718 $486 $1,203 9.3
Mountain
View
(Basketball
Courts)
8 $9,041.66 $682 $486 $1,168 9.3
Peach Hill
(Basketball
Courts)
8 $9,041.66 $729 $486 $1,215 9.3
College
View
(Basketball
Courts)
8 $9,041.66 $729 $486 $1,215 9.3
Bonding N/A $3,629.30 N/A N/A N/A N/A
Total 120 $168,597.37 $10,874 $7,292 $18,166 9.3
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01/03/2024 Regular Meeting
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From an environmental perspective, the project will result in annual energy reduction of
approximately 67,963 kW, which is equivalent to:
• 111,527 pounds of CO2 saved
• 11 cars removed from road (4.67 metric tons of CO2 / passenger vehicle)
• 5,689 gallons of consumed gas (0.008887 metric ton of CO2 per gallon of gasoline)
• 1,312 tree seedlings grown (0.039 metric ton of CO2 per urban tree planted for 10
years)
• 60 acres of forest in 1 year (1.06 metric tons of CO2 sequestered annually by 1-acre
U.S. Forest)
The project demonstrates progress and serves as positive and practical step in advancing
the City’s continuous efforts to increase safety, energy-efficiency, reduce greenhouse
emission, mitigate strain on the grid, and benefit from savings in electrical, maintenance,
and disposal costs.
Coin-Operated Lighting Controls
Currently, the City charges $2.00/hour for park patrons to utilize the court lighting. Users
must insert quarters to start the lights and are required to add additional quarters in fifteen-
minute increments prior to the lights shut down in order to keep the lights on without
delays. This is because high pressure sodium lights require a cooling-off period of fifteen
minutes before restarting.
Even though signage is installed at the coin operator locations, this system has caused
confusion and frustration for court users. Additionally, staff recently prepared a time-
motion study to assess the cost-effectiveness of coin collection. Over the last five years,
$26,356, or approximately $4,393 per year, has been collected for court light usage.
However, it cost the City approximately $23,400 per year in staff time to collect, sort,
track, and deposit the coins.
When factoring in the additional maintenance costs for repairing or replacing damaged
timers, and the additional time staff spends clearing blockages, the costs to the City
significantly outweighs the revenue generated. To merely cover the staff time required to
collect and manage the coins weekly, the City would need to increase the hourly rate from
$2.00/hour to $10/hour.
Many jurisdictions have moved away from coin operators, as changing user preferences
have contributed to the removal of coin-operated lighting systems in favor of more efficient
and user-friendly alternatives. Because of this, staff also considered the installation of
credit card-operated light timers in lieu of the coin operators. However, the annual
revenue generated is insufficient to cover the replacement costs. The estimated cost to
replace all 16 commercial-grade coin operators with new credit card operators and
commercial grade cabinets is approximately $56,000, resulting in a payback of
approximately 13 years. Additionally, credit card timers require an annual subscription
and a payback to the vendor for credit card processing. For this reason, all coin-operated
lighting controls at the subject parks are scheduled for removal.
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PUBLIC NOTICING
California Government Code Section 4217.12 requires that a Public Hearing Notice be
published in a local newspaper. The notice was published on December 20, 2023.
ENVIRONMENTAL DETERMINATION
This action is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Therefore,
no further environmental review is required.
FISCAL IMPACT
Funds for energy-efficiency lighting improvements for various City parks are included in
the FY 2023/24 CIP Fund budget in the total amount of $172,500 which is outlined in the
table depicted below.
Account No. $ Amount
1000-541-C0074-55500 $70,000
2010-541-C0074-55500 $55,000
2011-541-C0074-55500 $47,500
Total $172,500
The total project cost of $200,220.82 includes the coin operator removal cost ($6,333.83),
lighting improvements ($168,597.37), and 15% contingency for the lighting improvements
($25,289.61). Therefore, to fund this project, an overall additional appropriation of
$27,720.82 is needed, which includes an increase of $54,754.87 in the Communitywide
Park Development Fund (2010), and a reduction of ($27,034.05) in Park Improvement
Zone 1 Fund (2011).
Fund Title Current Balance Revision Ending Balance
Fund 2010 - Community
Wide Park Development
$ 1,487,082.88 $ (54,754.87) $ 1,432,328.01
Fund 2011 - Park
Improvement Zone 1
$ 787,089.85 $ 27,034.05 $ 814,123.90
Total $ - $ (27,720.82) $ 2,246,451.91
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
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Honorable City Council
01/03/2024 Regular Meeting
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STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Open the public hearing, receive public testimony, and close the public hearing;
and
2. Adopt Resolution No. 2024-___ to approve the Energy Services contract with ABM
Electrical and Lighting Solutions, Inc. for the implementation of certain energy
related improvements to City facilities in accordance with California Government
Code Sections 4217.10 to 4217.18.
Attachment 1: Draft Resolution No. 2024-____
Attachment 2: Draft Agreement
Attachment 3: Annual Environmental Impact Report
426
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A CONTRACT WITH
ABM ELECTRICAL & LIGHTING SOLTUIONS, INC., AND
AMENDING THE FISCAL YEAR 2023/24 BUDGET TO
APPROPRIATE AGREGATE TOTAL OF $27,720.82 FROM THE
COMMUNITY-WIDE PARK FUND (2010) AND PARK
IMPROVEMENT ZONE 1 FUND (2011) TO THE CAPITAL
IMPROVEMENT BUDGET FOR THE ACQUISITION AND
IMPLEMENTATION OF CERTAIN ENERGY RELATED
IMPROVEMENTS AT VARIOUS CITY PARKS
WHEREAS, the City Council of the City of Moorpark has been a leader in the
promotion and implementation of energy efficiency programs; and
WHEREAS, the City Council has reviewed a proposal from ABM Electrical &
Lighting Solutions, Inc., regarding energy related improvements and community benefits
at various City parks resulting from a contract with ABM Electrical & Lighting Solutions,
Inc.; and
WHEREAS, California Government Code Sections 4217.10 through 4217.18,
authorize the City Council to enter into an energy service contract for the implementation
of energy related improvements if the City Council finds that it is in the best interest of the
City to enter into such energy service contract and that the anticipated cost to the City for
thermal or electrical energy or conservation services provided by the energy conservation
facility under the contract will be less than the anticipated marginal cost to the City of
thermal, electrical, or other energy that would have been consumed by the City in the
absence of those purchases; and
WHEREAS, the cost to the City for the energy service contract by and between
ABM Electrical & Lighting Solutions, Inc., for the implementation of certain energy
measures for the thermal or electrical energy or conservation services will be less than
the anticipated marginal cost to the City of thermal, electrical, or other energy that would
have been consumed by the City in the absence of the implementation of the
improvements under the energy service contract; and
WHEREAS, the City Council finds and determines that it is in the best interest of
the City to enter into a contract with ABM Electrical & Lighting Solutions, Inc., for the
proposed improvements; and
WHEREAS, the City Council adopted the capital improvements project budget for
Fiscal Year 2023/24 on June 21, 2023; and
WHEREAS, a staff report has been presented to the City Council considering
award of agreement to ABM Electrical & Lighting Solutions, Inc., for the implementation
ATTACHMENT 1
427
Resolution No. 2024-____
Page 2
of certain energy related improvements to City facilities in accordance with California
Government Code Section 4217.10 through 4217.18, and authorizing the City Manager
to execute said Agreement; and
WHEREAS, a budget amendment of $54,754.87 from available unrestricted fund
balance in the Communitywide Park Fund (2010) and reduction of $27,034.05 in the Park
Improvement Zone 1 Fund (2011) is warranted to fully fund these projects; and
WHEREAS, Exhibit A, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that (1) it is in the best interest of the City to
enter into a contract with ABM Electrical & Lighting Solutions, Inc., for the implementation
of certain energy related improvements to City facilities, and (2) the anticipated marginal
cost to the City of thermal, electrical, or other energy that would have been consumed by
the City in the absence of those purchases.
SECTION 2. The City Council hereby approves the energy service contract,
attached as Attachment 2 to the Agenda Report, by and between the City and ABM
Electrical & Lighting Solutions, Inc., for the implementation of certain energy related
improvements to City facilities in accordance with these findings and California
Government Code Sections 4217.10 through 4217.18.
SECTION 3. The City Council hereby authorizes the City Manager to execute the
energy service contract by and between the City and ABM Electrical & Lighting Solutions,
Inc.
SECTION 4. The City Manager is authorized to make modifications to the
proposed improvements under consideration by the contract with ABM Electrical &
Lighting Solutions, Inc., and his or her designee is authorized to approve change orders
above the contract amount as required to complete the proposed improvements within
council-approved budgetary authority.
SECTION 5. An aggregate budget amendment in the amount of $4,939.84 from
the Communitywide Park Development Fund (2010) for certain facility improvements, as
more particularly described in Exhibit A, attached hereto, is hereby approved.
428
Resolution No. 2024-____
Page 3
SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of January, 2024.
_____________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Budget Amendment
429
Resolution No. 2024-____
Page 4
EXHIBIT A
BUDGET AMENDMENT FOR COMMUNITY-WIDE PARK DEVELOPMENT FUND
(2010) FOR THE INSTALLATION OF LIGHT EMITTING DIODE SPORTS LIGHT
FIXTURES AND RELATED EQUIPMENT AT VARIOUS CITY PARKS
FY 2023/24
FUND BALANCE ALLOCATION
Fund Title Current Balance Revision Ending Balance
2010 - Community Wide Park Development 1,487,082.88$ (54,754.87)$ 1,432,328.01$
2011 - Park Improvement Zone 1 787,089.85$ 27,034.05$ 814,123.90$
Total (27,720.82)$ 2,246,451.91$
EXPENDITURE APPROPRIATION
Account Number Current Budget Revision Am ended Budget
1000-541-C0074-55500 70,000.00$ -$ 70,000.00$
2010-541-C0074-55500 55,000.00$ 54,754.87$ 109,754.87$
2011-541-C0074-55500 47,500.00$ (27,034.05)$ 20,465.95$
Total 172,500.00$ 27,720.82$ 200,220.82$
430
ENERGY SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK
AND ABM ELECTRICAL & LIGHTING SOLUTIONS, INC.
THIS ENERGY SERVICES AGREEMENT, effective as of
_____________________________________ (“Effective Date”), is made by and between the City of
Moorpark, a municipal corporation (“City”) and ABM Electrical & Lighting Solutions, Inc.,
a Delaware Corporation (“Contractor”). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City requires the installation of certain energy conservation measures,
as defined in California Government Code Section 4217.11, and related electrical
engineering and other professional services necessary to comply with California
Government Code Section 4217.12; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, licenses, certifications, and background to enter into this energy
services agreement and carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated November 15,
2023, to perform the services referenced in the Recitals above.
WHEREAS, Contractor’s Proposal incorporates equipment pricing established
through a cooperative purchasing agreement with Sourcewell, Contract No.
CA-R8-E01-123021-ABM.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the Effective Date until satisfactory
completion of the Services and final payment by the City, unless this Agreement is sooner
terminated as provided herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a contractual
capacity, to engineer, provide, and install LED sports lighting fixtures and related
equipment at various City parks, as more fully described in Exhibit “E” (collectively, the
“Services”). Contractor shall complete the tasks according to the schedule of performance
and payments also set forth in Exhibit E.
At all times herein, Contractor shall possess a valid and current California
Contractor’s License, Class C-10 Electrical. Contractor’s State License number is
967676.
ATTACHMENT 2
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ABM Electrical & Lighting, Inc. Page 2 of 34
Rev. 12/15/2023
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Nate Piorek, and no other individual may be substituted
without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Contractor on an IRS
W-9 form before payments may be made by City to Contractor.
The City agrees to pay Contractor the total, not-to-exceed amount of
one hundred sixty-eight thousand five hundred ninety-seven dollars and thirty-seven
cents $168,597.37 upon satisfactory completion of the Services. Payments shall be
made monthly, in accordance with the payment rates and terms set forth in Exhibit “E”.
This amount shall not be exceeded unless additional payment is approved as provided in
this Agreement.
Contractor shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services and compensation are authorized, in advance, in a written
amendment to this Agreement executed by both parties. The City Manager, if authorized
by City Council, may approve additional work not to exceed ten percent (10%) of the
amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager or the City Manager’s designee.
If the City disputes any of Contractor’s fees or expenses, City shall give written notice to
Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice.
City shall withhold five percent (5%) of the contract price from the final payment amount
until at least thirty-five (35) days after recordation of the Notice of Completion, or
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ABM Electrical & Lighting, Inc. Page 3 of 34
Rev. 12/15/2023
recordation of a notice of acceptance or cessation, but not later than the period permitted
by Public Contract Code Section 7107.
Prior to commencing performance, Contractor shall provide City with a payment
bond in 100% of the contract amount. The bond shall be substantially in the form attached
hereto as Exhibit “C”.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may not terminate this Agreement except upon City’s failure to cure
a substantial default within thirty (30) days of receipt of Contractor’s notice to cure.
In the event this Agreement is terminated or suspended by the City pursuant to
this Section, the City shall pay to Contractor the actual value of the work performed up to
the time of termination or suspension, provided that the work performed is of value to the
City, and provided Contractor is not then in breach of this Agreement. Upon termination
or suspension of the Agreement pursuant to this Section, the Contractor will submit a final
invoice to the City for all remaining work performed by Contractor.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate or suspend this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
Contractor’s control, and without fault or negligence of the Contractor (i.e., “force majeure”
events), it shall not be considered a default. Lack of funding on the part of Contractor
shall not be deemed a force majeure event.
If the City Manager or his/her designee determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause
to be served upon the Contractor a written notice of the default. The Contractor shall have
thirty (30) days, or such other specified period, after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be entitled
at law, in equity or under this Agreement.
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Rev. 12/15/2023
8. WARRANTIES
Contractor warrants that the equipment and systems provided under this
Agreement are appropriate and designed for their intended use for this project, and that
they shall be free from defects in material and workmanship arising from normal usage
for a period of one year from the date of acceptance and final payment by the City, unless
a longer manufacturer’s warranty is provided. In that case, the one-year warranty period
shall be extended and be equal to any and all longer manufacturers’ warranties. Within
the applicable warranty period, if City provides written notice to Contractor of any such
defects, Contractor shall, at its option, repair or replace the defective equipment and
return said equipment to City and re-install at no cost to City. All transportation charges
incurred in connection with the warranty for equipment shall be borne by Contractor,
unless otherwise provided for in manufacturer warranties. These warranties do not
extend to any equipment which has been repaired by others, abused, altered or misused,
or which has not been properly and reasonably maintained. All transferrable
manufacturer warranties associated with the equipment will be transferred to the City.
Contractor further warrants that all work performed hereunder shall be free from defects
for a period of one year from the date of acceptance by the City. Within this warranty
period, if City provides written notice to Contractor of any such defects in workmanship,
Contractor shall re-perform the work so that it is no longer defective.
WARRANTY OF ENERGY SAVINGS - GOVERNMENT CODE SECTION
4217.12. This agreement is an “energy service contract” entered into pursuant to the
authority set forth in Government Code 4217.10, et seq. Section 4217.12 authorizes the
City to enter this Agreement provided that, following a noticed public hearing, the
governing body finds: “[T]hat the anticipated cost to the public agency for thermal or
electrical energy or conservation services provided by the energy conservation facility
under the contract will be less than the anticipated marginal cost to the public agency of
thermal, electrical, or other energy that would have been consumed by the public agency
in the absence of those purchases.”
In order for the City to make the finding of energy savings required by Section
4217.12, it shall be the responsibility of Contractor to perform any and all necessary
electrical engineering and related energy calculations. By entering this Agreement,
Contractor warrants that upon completion of the Services, the anticipated cost to the City
for thermal or electrical energy or conservation services provided by the “energy
conservation facility” purchased from and provided by Contractor hereunder, will be less
than the anticipated marginal cost to the City of thermal, electrical, or other energy that
would have been consumed by the City public agency over a ten (10) consecutive year
period (i.e., the shortest warranty period of all lighting and other equipment being
provided), in the absence of the installation of the Contractor equipment and facilities.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
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Rev. 12/15/2023
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon final payment being made, or in the event of termination or suspension for
Contractor’s default, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
Services, together with all intellectual property and proprietary rights, shall become the
sole property of the City and may be used, reused, or otherwise disposed of by the City
without the permission of the Contractor. With respect to computer files, Contractor shall
make available to the City, upon reasonable notice by the City, the necessary computer
software and hardware for purposes of accessing, compiling, transferring, and printing
any such computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Contractor’s Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Contractor, its officers, agents, employees or subcontractors (or any
agency or individual for which Contractor shall bear legal liability) in the performance of
professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Contractor shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any and all liability (including liability for claims, suits, stop
notices, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including legal counsels’ fees and costs, court costs, interest, defense costs,
and expert witness fees), to the extent caused by the performance of this Agreement by
Contractor or by any individual or agency for which Contractor is legally liable, including
but not limited to officers, agents, employees or subcontractors of Contractor.
Contractor’s liability under this paragraph shall be reduced to the extent any such claim
or liability arising out of the sole negligence or willful misconduct of any Indemnified Party.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the performance
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of this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Contractor by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be sufficient or applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Contractor shall maintain, prior to the beginning of and for the duration of this
Agreement, insurance coverage as specified in Exhibit “A” attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Contractor or any of Contractor’s officers, employees, or agents, except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers or employees, or agents
of the City except as set forth in this Agreement. Contractor shall not incur or have the
power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. This includes, but is not limited to,
Codes comprising the California Building Standards Code, as adopted and amended by
the City. The Contractor shall at all times observe and comply with all such laws, codes,
and regulations, including but not limited to the Americans with Disabilities Act and
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Occupational Safety and Health Administration laws and regulations. The Contractor
shall comply with and sign Exhibit D, the Scope of Work Requirement for Professional
Services Agreements Compliance with California Government Code Section 7550, when
applicable. The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Contractor to comply with this Section.
CALIFORNIA LABOR CODE COMPLIANCE. The Services constitute a “public
work” as defined in California Labor Code Section 1720(a) and require the payment of
prevailing wages. In furtherance thereof, at all times herein, Contractor shall comply with
the requirements set forth in “California Labor Code Compliance”, Exhibit “B” attached
hereto.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Contractor shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Contractor, or any officer,
employee, or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no person
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having such interest as an officer, employee, agent, or subcontractor. Contractor further
covenants that Contractor has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Chan Onechanh
Area General Manager SoCal
14201 Franklin Ave.
Tustin, CA 92780
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not assign this Agreement or any of the rights or duties, or
subcontract, any obligations hereunder. It is understood and acknowledged by the parties
that Contractor is uniquely qualified to perform the services provided for in this
Agreement.
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21. LICENSES
In addition to a State Contractor’s License as required hereinabove, at all times
during the term of this Agreement, Contractor shall have in full force and effect, any and
all other licenses and certifications required by law for the performance of the Services.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement, without regard for conflicts of laws rules.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including attorneys’ fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto, each of which are hereby
incorporated by reference herein, contain the entire understanding between the parties
relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations, and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each
party is entering into this Agreement based solely upon the representations set forth
herein and upon each party’s own independent investigation of any and all facts such
party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
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27. PRECEDENCE
In the event of conflict between this Agreement and the Contractor’s Proposal, or
any exhibit hereto, the provisions of this Agreement, then Exhibits A, B, and E, then the
Proposal, shall govern.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
31. LIMITATION ON DAMAGES
Except as may be owed to a third party under a Party’s indemnification obligations,
neither Party shall be liable one to the other whether under contract, statute, tort
(including negligence) or otherwise, for any indirect, exemplary, unforeseeable, loss of
profits, loss of use, punitive or consequential, incidental, or special damages, even if that
Party is notified in advance of such possibility, regardless of the form of the claim or
action. This limitation on damages shall not apply to claims and liabilities based on bodily
injury, death or property damage.
32. FORCE MAJEURE
Notwithstanding any provision of this Agreement to the contrary, City and
Contractor each agree that the other party hereto shall not be liable for such party’s
failure to perform its respective obligations under this Agreement if such failure is due to
any fire, act of God, strike, civil disturbance, epidemics/pandemics or cause beyond such
party’s reasonable control. Lack of funds shall not be deemed a cause beyond either
party’s control.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK ABM ELECTRICAL & LIGHTING
SOLUTUONS, INC.
__________________________________ __________________________________
Troy Brown, City Manager Chan Onechanh, Area General Manager
Attest:
__________________________________
Ky Spangler, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement, or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Type of Insurance Limits
Commercial General Liability $1,000,000 / $2,000,000 Aggregate
Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
Professional Liability $1,000,000
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Best rating of A- or better
and a minimum financial size of VII.
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Automobile Insurance Coverage on ISO Business Auto Coverage form CA
00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review,
but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles,
this requirement may be satisfied by a non-owned auto endorsement to the general
liability policy described above. If Contractor or Contractor’s employees will use personal
autos in any way on this project, Contractor shall provide evidence of personal auto
liability for each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease. Such insurance must include a waiver of subrogation endorsement in favor
of the City, its officers, employees, agents, and volunteers.
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Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement. If a “claims made” policy is used, it shall be endorsed to provide an extended
reporting period of not less than three (3) years.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured first.
There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to the City for injury to employees
of Contractor, subcontractors, or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $2,000,000
aggregate.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Contractor also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
the City regardless of the applicability of any insurance proceeds, and to require
all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
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5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the
City of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary and non-contributing basis in relation to any other
insurance or self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Contractor, provide the
same minimum insurance required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
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11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
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18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
1. Contractor (“Contractor” herein) acknowledges that this contract is subject to the
provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code relating to public works and the awarding public agency
(“City”), and agrees to be bound by all the provisions thereof as though set forth in
full herein.
2. This is a public work and requires the payment of prevailing wages for the work or
craft in which the worker is employed for any public work done under the contract
by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of
California, the City has obtained the general prevailing rate of per diem wages and
the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this contract from the Director
of the Department of Industrial Relations. These rates are on file with the City
Clerk or may be obtained at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. Contractor shall comply with the
provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
City, as a penalty, not more than $200.00 for each calendar day, or portion thereof,
for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for any work done under this contract, by him or by any
subcontractor under him, in violation of the provisions of this Agreement.
3. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for
projects involving construction, alteration, demolition, installation, or repair work of
$25,000 or less, or maintenance work of $15,000 or less, no contractor or
subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the
performance of any public work contract unless currently registered and qualified
to perform public work pursuant to Section 1725.5 [with limited exceptions for bid
purposes, only, pursuant to Labor Code Section 1771.1(a)].
4. Pursuant to Labor Code Section 1776, Contractor shall maintain and make
available an accurate record showing the name of each worker and hours worked
each day and each week by each worker employed by Contractor performing
services covered by this Agreement. Contractor and its subcontractors shall
furnish electronic certified payroll records to the Labor Commissioner in
accordance with Labor Code Section 1771.4. The project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. The
Contractor is responsible for compliance with Section 1776 by itself and all of its
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subcontractors. The Contractor shall post job site notices, as prescribed by
regulation.
5. Contractor shall comply with and be bound by the provisions of Labor Code
Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works
projects. The Contractor shall be responsible for compliance with these Sections
for all apprenticeable occupations. Before commencing Work on this Project, the
Contractor shall provide the City with a copy of the information submitted to any
applicable apprenticeship program. Within sixty (60) Days after concluding Work,
Contractor and each of its Subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Contract.
6. Contractor agrees to comply with the provisions of California Labor Code Section
1813 concerning penalties for workers who work excess hours. The Contractor
shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker
employed in the execution of the contract by the Contractor or by any
subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any
one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1,
Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will
be required to secure the payment of compensation to its employees. In
accordance with the provisions of California Labor Code Section 1861, Contractor
hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract.”
Date Signature
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EXHIBIT C
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EXHIBIT D
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Contractor shall sign and include this page in any document or written reports prepared by
Contractor for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ ____________
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
__________________________________
______________________
Date
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EXHIBIT E
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE AND PAYMENT
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Sports Court LED Lighting
City of Moorpark
ABM Electrical & Lighting Solutions
Nov
15
2023
ATTACHMENT 3
465
Table of Contents
Cover Letter ................................. 1
Executive Summary ............................ 3
Environmental Impact .......................... 4
Fixture Summary .............................. 5
Confidential & Proprietary ABM Electrical & Lighting Solutions LLC
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Confidential & Proprietary ABM Electrical & Lighting Solutions LLC
1
Sports Court LED Lighting
Cover Letter
November 15, 2023
ABM Electrical & Lighting Solutions (ABMELS) is pleased to present the following budgetary proposal to upgrade the existing exterior sports lighting at the
City of Moorpark City Parks to new energy-efficient LED lighting.
Please note that this provided quote is a Rough Order of Magnitude from ABM and not an actual proposal to be used for an exact amount for the
anticipated project. Once The City of Torrance reviews the details of the quote and is ready to move forward with an approved budget, Gordian
and ABM will proceed with providing a full/detailed Work Order Package from the eGordian software system that utilizes my Sourcewell
construction contract and exact price schedule. Sourcewell contract CA-R8-E01-123021-ABM
Upon implementation, our proposed upgrades will improve the lighting, while reducing annual energy and maintenance costs by approximately $18,166.00
per year (based on $0.16/kWh). The project provides a simple payback of 9.3 years.
Our proposed upgrades will create strong, positive financial results by replacing your existing equipment with state of the art, high-efficiency and high
performance LED replacements with a 10-year & 5-year product warranty. Additional non-financial benefits include high color rendering from the lighting
system and a bright white light source, which will give the appearance of a brighter, safer environment for sports enthusiasts.
Scope of Work
Arroyo Vista Community Park
Remove and replace (64) M1000 HID tennis Court Lighting fixtures with Linmore LED 300w LL-SL1-LG-300WD-50K-T3-HV-G2-CUS-SF fixtures
featuring 10-year manufacturer limited warranty.
Miller Park
Remove and replace (16) M1000 HID tennis Court Lighting fixtures with Linmore LED 300w LL-SL1-LG-300WD-50K-T3-UNV-G2-XXX-SF fixtures
featuring 10-year manufacturer limited warranty.
Remove and replace (8) M1000 HID Basketball Court Lighting fixtures with Sylvania 300w FLOODLT2AS300UNHD8SC2BZP fixtures featuring 10-
year manufacturer limited warranty.
Mammoth Park
Remove and replace (6) M1000 HID tennis Court Lighting fixtures with Linmore LED 300w LL-SL1-LG-300WD-50K-T3-UNV-G2-XXX-SF fixtures
featuring 10-year manufacturer limited warranty.
City of Moorpark
Attn: Roger Pichardo
,
467
Confidential & Proprietary ABM Electrical & Lighting Solutions LLC
2
Sports Court LED Lighting
Remove and replace (2) M1000 HID Basketball Court Lighting fixtures with Sylvania 350w FLOODLT2AS470UNHD8SC2BZP fixtures featuring 10-
year manufacturer limited warranty.
Mountain Meadow Park
Remove and replace (8) M1000 HID Basketball Court Lighting fixtures with Sylvania 350w FLOODLT2AS470UNHD8SC2BZP fixtures featuring 10-
year manufacturer limited warranty.
Peach Hill Park
Remove and replace (8) M1000 HID Basketball Court Lighting fixtures with Sylvania 300w FLOODLT2AS300UNHD8SC2BZP fixtures featuring 10-
year manufacturer limited warranty.
College View Park
Remove and replace (8) M1000 HID Basketball Court Lighting fixtures with Sylvania 300w FLOODLT2AS300UNHD8SC2BZP fixtures featuring 10-
year manufacturer limited warranty.Clean all areas where work was conducted and test all fixtures for proper operation.
•Coordinate inspections with city officials
•Provide high reach equipment as needed
•Provide Photometrics and fixture submittals for city approval
•Existing electrical infrastructure repairs and upgrades excluded
•All plans, drawings, BUG ratings, Title 24 calculations and permitting excluded by the ABM
•This pricing excludes plans, drawings, Title 24 calculations.
•If required, permitting fee to be no cost from City
Total Project Budget .......................................................................................$168,597.37
Thank you for the opportunity to provide a proposal. We look forward to providing the service you expect and deserve.
Best Regards,
Nate Piorek
Sales Executive
(949) 702-9229
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Sports Court LED Lighting
Executive Summary
PROJECT SUMMARY SAVINGS SUMMARY
Existing After Retrofit Energy
Reduction
Energy
Savings
Maintenance
Savings
HVAC
Savings
Number of Fixtures 120 120
Lighting System Energy
Consumption (kW)129.600 36.500
67,963 kWh $10,874 $7,292 $0
Current Utility Rate - $/kWh $0.160000 REDUCED SAVED SAVED SAVED
FINANCIAL SUMMARY
Project Cost $168,597.37
Less Rebates $0.00
Net Project Cost $168,597.37
9.3 Years
This is the payback period of time to
reach the break-even point
15.51%
This is the return on investment
over analysis years
$94,887.48
This is used in budgeting to analyze
profitability of investment
$1.56
This is a metric used to your
profitabilty for every dollar spent
Monthly Cost of Delay $1,513.87
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Confidential & Proprietary ABM Electrical & Lighting Solutions LLC
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Sports Court LED Lighting
Annual Environmental Impact
Reducing energy use is the quickest, safest, most cost-effective way to reduce the
emission of greenhouse gases that accompanies the generation of electricity from fossil
fuels. Reducing 67,963 kWh per year on this project is equivalent to:
Cited by http://www.epa.gov/cleanenergy/energy-resources/calculator
111,527 lbs. CO2 Saved
Leading cause of global warming
11 Cars Removed from Road
(4.67 metric tons of CO2 / Passenger Vehicle)
5,689 Gallons of Consumed Gas
(0.008887 metric ton of CO2 per gallon of
gasoline)
1,312 Tree Seedlings Grown
(0.039 metric ton of CO2 per urban tree
planted for 10 years)
60 Acres of Forest in 1 Year
(1.06 metric tons of CO2 sequestered annually
by 1-acre U.S. forest)
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5
Sports Court LED Lighting
Fixture Summary
Totals 12
0 94,608 120 26,645 $67,96
3 $10,874 0 $0 $10,874
Area Existing Proposed Solution Lighting Savings Ctrl Savings Total
Savings
Room Kit Watts Qty Burn kWh Proposed Watts Qty % Red.Burn kWh Ctrl Ctrl Qty kWh $kWh $$
City of Moorpark Sports Courts / City Parks
Arroyo
Vista Park
Tennis
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 64 730 50,458 Linmore LED
Area Fixture 300.0 64 0 730 14,016 Control
Package B (1)1 36,442 $5,831 $0 $5,831
Miller Park
Tennis
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 16 730 12,614 Linmore LED
Area Fixture 300.0 16 0 730 3,504 Control
Package B (1)1 9,110 $1,458 $0 $1,458
Miller Park
B-Ball
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 8 730 6,307 Sylvania LED
Flood 300W 300.0 8 0 730 1,752 0 4,555 $729 $0 $729
Mammoth
Park
Tennis
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 6 730 4,730 Linmore LED
Area Fixture 300.0 6 0 730 1,314 Control
Package B (1)1 3,416 $547 $0 $547
Mammoth
Park
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
1080.0 2 730 1,577 Sylvania LED
Flood 350W 350.0 2 0 730 511 0 1,066 $171 $0 $171
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Sports Court LED Lighting
Area Existing Proposed Solution Lighting Savings Ctrl Savings
Total
Savings
Room Kit Watts Qty Burn kWh Proposed Watts Qty % Red. Burn kWh Ctrl Ctrl Qty kWh $ kWh $ $
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
Mountain
Meadow
Park B-Ball
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 8 730 6,307
Sylvania LED
Flood 350W 350.0 8 0 730 2,044
Control
Package B (1)1 4,263 $682 $0 $682
Peach Hill
Park B-Ball
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 8 730 6,307
Sylvania LED
Flood 300W 300.0 8 0 730 1,752
Control
Package B (1)1 4,555 $729 $0 $729
College
View Park
B-Ball
MH-
MH:1000W-
HID:TRANS
:MAGNETI
C-1 /
Shoe Box-Mogul-
Pole Arm-Clear-No
EMB-*
1080.0 8 730 6,307
Sylvania LED
Flood 300W 300.0 8 0 730 1,752
Control
Package B (1)1 4,555 $729 $0 $729
Totals 120 94,608 120 26,645 $67,96
3 $10,874 0
$0 $10,874
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