46 Do your warranties cover all products, parts, and
labor?
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Musco shall monitor the performance of the lighting system on/off status, hours of usage, and luminaire outage. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians.
To assist with the determination of repairs, Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality.
The only requirement Musco has is the customer agrees to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha- numeric enclosure, which is located 10-12 feet above grade and is reachable by a ladder. Musco will replenish spare fuses as needed.
Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, Musco pays any upfront cost for shipping cost, installation cost, and any associated rental equipment cost & disposal cost for the replaced equipment.
Musco has a team of 170+ Team Members to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our warranty.
Please check out this YouTube video showcasing our Support Services and Warranty. https://www.youtube.com/watch?v=oxH00ofzSJA. This link is also included on the uploaded “Musco Solutions and Testimonial videos” document that has been uploaded.
*
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
There is no hour usage restriction for our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, but we do ask for expected usage hours to meet design criteria of the project. *
48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, the Musco Constant 25™ and Musco Constant 10™ Product Assurance & Warranty Program covers the technicians travel time and mileage to perform any warranty repairs.
*
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Musco will be able to cover all geographic regions of the United States & Canada with our Lighting Services Team that is comprised of 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems.
Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.
Our Control-Link Central™ service center is staffed 24/7/365 with Musco employed trained operators (Team Members) who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. As we have heard several of our customers say, “Musco often is calling me to schedule a repair before I even know I had a problem.”
*
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Yes, items included in the scope of Musco sports lighting design, Musco will cover warranty service for those items. *
51 What are your proposed exchange and return
programs and policies?
Due to Musco’s lighting solutions being custom designed, engineered to order we do not have an exchange and return program. Any defective on arrival product or repairs are covered by Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
52 Describe any service contract options for the
items included in your proposal.
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.
Musco’s payment terms are Net 30. Payments not paid when due are subject to a carrying charge for each month past due or will be pro-rated for the portion of the month there is an unpaid balance.
Carrying charges shall accrue in the amount of one- and one-half percent (1½%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less.
*
54 Describe any leasing or financing options available for use by educational or governmental entities.
Musco Finance™ was established in 2006, it provides competitive financing solutions that enable customers to realize the benefits of Musco products and services. Hundreds of customers have used these solutions to complete their lighting projects. Musco Finance™ has provided budget-accommodating financing for governmental, commercial, and not-for-profit entities throughout the United States of America.
The municipal lease-purchase program, offered by Musco Finance™ provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost-effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense
associated with selling bonds for a project. A know set expense can be budgeted annually, freeing you from budget uncertainties and lowering cash flow impact.
*
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Due to Musco’s custom designed, engineered to order solutions our documents are tailored to the project and customer needs. Please see attached sample quote and invoice. *
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Musco Sports Lighting, LLC currently does not accept P-card procurement cards. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Musco Sports Lighting provides a custom designed, engineered to order lighting system, pricing is based per the RFP. This price list should not be considered complete and exhaustive due to the nature of each project being a unique, custom design build situation. Extreme spill and glare concerns, pole locations, and wind zone variance may affect price. RFP quoted pricing is for the most common field designs based on structural code and utilizing IBC 2018, 110 mph, Exposure C.
Installations services are available on a per project basis dependent upon Musco’s compliance with state and local licensing
requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
The percentage discount from list prices for materials offered under this RFP is 5%. The attached price list already takes into account the 5% discount for the materials. *
59 Describe any quantity or volume discounts or rebate
programs that you offer.
As Musco is a custom designed, engineered to order lighting system, there is no quantity or volume discounts available. * 60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.
Musco Sports Lighting, LLC will work with the Sourcewell member regarding pricing and delivery of any open market, sourced and/or non-standard options which would be desired by the Sourcewell member. Musco and the Sourcewell member will agree upon a desired outcome and reflect this in the customer quote for use in issuing a purchase order.
*
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
As Musco is a custom designed, engineered to order lighting system, pricing is based per the RFP. The pricing can also include equipment installation. Labor and materials for the complete installation include, foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. If the construction project requires, Musco offers pre-shipment of the precast concrete bases. The additional cost for the pre-shipment of the precast concrete bases will vary depending on the location of the lighting project.
*
62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Musco’s pricing includes delivery within the State of Minnesota to the job site and are for lighting systems materials only. Additional freight cost may be incurred outside the State of Minnesota. *
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Musco has no specific requirements in regard to Alaska, Hawaii, Canada, or any offshore delivery. *
64 Describe any unique distribution and/or delivery methods or options offered in your proposal.
Musco Sports Lighting offers custom designed, engineered to order lighting systems. Products are directly purchased from the company as we have no agents or authorized dealers. When you purchase a Musco Solution, it is delivered from our dedicated transportation company with Musco Lighting signage on the trucks.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
A self-audit process is in place specifically intended to verify compliance of cooperative purchasing contracts.
• Sales Administrator pulls monthly contract sales report for the cooperative purchasing contract and its associated fee for that time period.
• Each contract project PO is checked and validated that it is an awarded contract purchase
• Project awarded contract fee is validated as correct • When validation complete, report sent to cooperative purchasing organization
• As a checks & balance process, Cooperative Contract Specialist pulls a Method of Purchase by type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded
contract matches on both reports
• Invoice documents for projects of a contract member are available for review upon request
*
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
On a monthly basis, Musco is looking at the total number of projects sold & and how they breakdown by method of
purchase (bid, competitive negotiation, cooperative purchase & direct purchase). Several times during the year, we break down the method of purchase by each cooperative purchase contract. These numbers are compared to the previous
timeframes and evaluated.
*
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Musco Sports Lighting, LLC proposes a 0.75%
administrative fee calculated as a percentage of the
customer contract sales price.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Light-Structure System™ lighting with Total Light Control – TLC for LED™ technology is for new outdoor lighting applications. It is engineered as a 5 Easy Pieces™ complete system from foundation to poletop designed to a customer’s needs. Lights, structures, and electrical components are engineered to work together.
This ensures the designed lighting gets in place and stays there over the life of the system, while also maintaining and protecting the operation environment so the components continue to function. We’ve included features like factory aimed luminaires, easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the lighting system. Musco’s Light-Structure System™ is engineered as a complete system including the precast concrete base, galvanized steel pole, electrical components enclosure, wire harness and poletop luminaire assembly. This allows for installation ease and reduced time and expense. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 25™ product assurance and warranty program.
SportsCluster® lighting system with Total Light Control – TLC for LED™ or Total Light Control – TLC for LED™ Retrofit System technology is for outdoor and indoor lighting applications. It is a modular photometric unit, factory aimed and tested, to interface with a customer’s existing structures, making an easy retrofit lighting solution. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 10™ product assurance and warranty program, Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
contingent upon Musco’s inspection and approval of existing structure and electrical wiring.
Control-Link® control and monitoring system offers efficient, cost-effective tools that are both cutting-edge and simple to use. Musco will have your back 24/7/365 to ensure your lights are only on when needed, keeping neighbors and taxpayers happy. Because more than anything, it’s about peace of mind. The Control-Link® system provides comprehensive scheduling assistance, system monitoring, secure password-protected access, automated equipment controls, and valuable usage data.
Show-Light® entertainment services provide a cost-effective way for you to bring professional light shows to your facility. From pre-game introductions to halftime shows, to celebrating big plays and big wins, this special effect lighting will energize players and fans and take your game atmosphere to a new level. Special effects light shows aren’t just for the pros anymore. Musco’s Show-Light® technology utilizes instant on/off and the advanced control capabilities of LED, is easy to use, and delivers both predesigned and customized light shows. Show-Light® entertainment services can also tap into advanced customization capabilities and more complex light shows that incorporate music along with the special effects lighting. Musco is not responsible for obtaining rights to or any cost associated with music licenses.
Mini-Pitch System™ modular sports solution has an innovative, all-in-one design to help communities create fun and active play spaces by revitalizing public areas.
Created to assist the U.S. Soccer Foundation in providing safer places to play the game, the Mini-Pitch System™ solution is ideal for transforming abandoned courts and other underutilized areas into places where children and families can come together in the spirt of teamwork, empowerment, and physical activity. It comes as a modular system complete with lighting, fencing, goals, benches, ADA-compliant access, and lockable storage.
MuscoVision® video system is a complete automated sports broadcasting solution that includes camera equipment, networking, streaming services, broadcast production, and distribution for watching various sporting events on a variety of platforms. It includes automated camera switching and game tracking for an enhanced broadcast experience. Also, it includes active game detection for ease of scheduling utilizing the same toolset used to schedule lighting. The customer must provide their own internet connection, install our MuscoVision® video system equipment, and set a broadcast schedule in Musco’s Control-Link® control system.
Musco does the rest!
Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria of the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
Installation services are available on a per-project basis dependent upon Musco’s compliance with state and local licensing requirements. Labor and materials for the complete installation, including but not limited to foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
The scope of work of the RFP covers Musco products and services. Musco has no additional subcategories to suggest.
Below is a list of keywords that best describe Musco’s product and services. sports lighting, lighting, Musco, Musco Lighting, LED, lamp, football lighting, baseball lighting, field lighting, LED lighting, fixtures, flood lighting, flood light, parking lighting, softball lighting, light poles, light pole, soccer lighting, tennis lighting, aviation lighting, port lighting, temporary lighting, basketball lighting, arena lighting, apron lighting, rail lighting, automated broadcasting, light show, futsal, MUGA, camera, video, AV, entertainment, DMX
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Item Category or Type Offered * Comments
71 Indoor, outdoor, fixed, or portable sports
related lighting solutions;
Yes
No
Musco Sports Lighting, LLC is offering indoor, outdoor, fixed, or portable sports related lighting solutions within our proposal.
*
72 Technology integration, retrofit solutions,
software, design, project management,
installation services, and maintenance related
to the purchase of equipment and products
described in Line 71 above.
Yes
No
Musco Sports Lighting, LLC is offering technology
integration, retrofit solutions, software, design, project management, installation services, and maintenance related to the purchase of equipment and products described in
Line 71 above within our proposal.
*
Table 15: Industry Specific Questions
Line
Item Question Response *
73 Describe your process for evaluating on-field and off- site glare for your sports lighting products, both pre- installation and post-installation.
On-field – Musco’s goal is to have no more than 500 candela at the home plate location while looking at the outfield poles. Similarly, our outfield positions will have no more than 500 candela while looking at the infield poles.
Off-site – Musco strives to achieve candela equal to or less than 7,500 candela at 150’ perimeter around the field. Candela is measured at 5’ above grade at 150’ perimeter.
*
74 Describe the average life span of your sports lighting system.
In 2005, Musco started our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Programs (coverage depends on the lighting system and the original design criteria). Musco has several lighting systems that are over 35 years old that are still in operation today.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
75 Discuss your proposed product line
in terms of sustainability and
recycling.
Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. The reduction of waste and emissions, to an absolute minimum, is our policy. We will minimize the emissions to air, water, and land through programs to reduce pollution prevention at its source and will conserve energy through the use of our energy efficient lighting systems. Musco will work closely with suppliers and licensees who are positioned to deliver outstanding value, and who share our vision of placing high priority on environmental, social and ethical issues when procuring products and services. In the process, we will achieve costs savings, enhanced energy efficiency, improved quality, and a healthy workplace for our team members.
To accomplish this program, the following guidelines are established:
Recycle
• Musco is committed to identifying and implementing pollution prevention opportunities by communicating sustainable practices, and encouraging involvement, to all team members.
• Musco utilizes a nationwide recycling program. During the spot maintenance and complete system relamping, all the lamps are recycled through a recycling service where both the mercury and glass are salvaged. Musco developed reusable packaging that is used to move its reflectors from original fabrication through the complete manufacturing process.
• Musco aims to reduce, reuse and recycle whenever possible from the production process to the customer. Musco’s on-site waste management includes recycling plant scrap, and wooden skids, along with paper and packaging materials. Packaging product utilized with Musco’s Light-Structure System™ contains between 30 to 50 percent recycled material, depending on the type of packaging.
• Electronic components that are not re-usable due to equipment failure, or are below minimum requirements, are recycled through an E- Waste Facility, including: laptops, desktops, servers, network devices, computer screens, televisions, keyboard, computer mouse, and printers.
Conserve
• Musco reuses water during the manufacturing process and conserves water when applicable. We utilize geothermal heating and air conditioning, which minimizes electricity consumption. Our operations also have automatic toilets and faucets to maximize water usage. • Musco conserves energy and reduces light pollution through our permanent and temporary LED light sources that are 30 to 80 percent more energy efficient than traditional lighting equipment. • Musco’s Control-Link® system provides instant light automation, allowing customers to schedule our light systems that help maximize energy efficiency.
• Preventing pollution by eliminating or reducing the use of hazardous substances, and reducing greenhouse gas emissions, is a first priority. • Technologies or methods which utilize non-hazardous materials and source reduction approaches will be given top priority in addressing all environmental issues.
• Musco demonstrates corporate citizenship by following all federal, state, and international environmental regulations.
• We promote cooperation between industry, government and the public for the shared goal of pollution prevention at the source, as well as continuing sustainable practices throughout all of our operations worldwide.
• As part of our commitment towards social responsibility, we will create job opportunities and training for the local workforce. • Our team strives to create responsible sustainability standards that translate into generating a positive and lasting change in every community that we encounter.
In addition to the above, Musco’s LED fixtures are RoHS compliant.
RoHS is a European Union Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
Pricing - Musco Sourcewell 041123 Pricing September 2022.pdf - Wednesday March 15, 2023 15:12:16 Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday March 15, 2023 15:12:27 Marketing Plan/Samples - Marketing Plan Samples.zip - Wednesday March 15, 2023 15:12:40 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty.zip - Wednesday March 15, 2023 15:13:04 Standard Transaction Document Samples - Document Samples.zip - Wednesday March 15, 2023 15:13:17 Upload Additional Document - Company and Product Information.zip - Wednesday March 15, 2023 15:13:42
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - James Hansen, Secretary, Musco Sports Lighting, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_1_Sports_Lighting_RFP_041123
Mon April 3 2023 04:23 PM 1
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT # 041123-MSL WITH MUSCO
SPORTS LIGHTING, LLC FOR THE PURCHASE OF A LIGHT-STRUCTURE SYSTEM IN A NOT-TO-EXCEED AMOUNT OF $292,350 FOR THE KIMBALL PARK BALLFIELD S; AND 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $292,350 IN THE
AMERICAN RESCUE PLAN ACT FUND FOR THE KIMBALL PARK BALLFIELD LIGHTING
PROJECT
WHEREAS, the existing Kimball Park ballfield lights have reached their useful life and are no longer serviceable and, therefore, full replacement is necessary; and
WHEREAS, the Kimball Park Ballfield Lighting Replacement Project (“Project”) is a component of the revised American Rescue Plan Act (“ARPA”) Spending Plan approved by the City Council on April 16, 2024; and
WHEREAS, in order to expedite product delivery and take advantage of competitive pricing to ensure that ARPA funds allocated for th e Project are obligated by the December 31, 2024 deadline, Engineering & Public Works staff has identified an opportunity to piggyback onto the Sourcewell Contract #041123-MSL with Musco Sports Lighting, LLC, to allow for the purchase of a Musco light-structure system for the Kimball Park ballfields; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirm ed that the Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC was competitively bid through a Request for Proposals process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto Sourcewell Contract # 041123 -MSL with Musco Sports Lighting, LLC for the purchase of a light-structure system in a not-to-exceed amount of $292,350 for the Kimball Park ballfields.
Section 2: That the City Council hereby authorizes the establishment of an appropriation in the amount of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Authorize the Purchase of Six (6) Ford Police Utility Interceptors for the National City Police Department
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase Six 2025 Ford Police Utility B/W AWD Intercept ors in a Not-to-Exceed Amount of $3 23,000 for the National City Police Department; and 2) Authorizing the City Manager to Approve Adjustments of up to $32,300 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Six (6) National City Police Department Ford Explorer Patrol Interceptors have been in service for almost ten (10) years and have exceeded their useful and optimum life cycle of six (6) years and are scheduled to be replaced. With an odometer average of 100,000 miles, these patrol vehicles are idle ten (10) times more than the average vehicle. Warranty periods have expired, equating in higher costs and downtime as they have reached the repair stage. Through adoption of the FY25 annual budget, the City Council approved the purchase and buildout of six SUV Patrol Vehicles:
Quantity Vehicle/Equipment FY25 Approved Purchase Price 4 Medium SUV Patrol $325,000
1 Medium SUV Lieutenant $90,000
1 Medium SUV Supervisor $80,000
Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford to allow for the purchase.
NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by
another public agency whose procedures h ave been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.
National City’s Purchasing staff has confirmed that the County of San Diego Contract # 570454 with Kearny Mesa Ford was competitively bid through a Request for Proposals (RFP) process, and that the County of San Diego procurement procedures are in substantial compliance with those of National City.
Staff recommends that City Council adopt the resolution as stated.
FINANCIAL STATEMENT:
The funding was approved by City Council through adoption of the FY25 Annual Budget. The $323,000 purchase contract is for only the acquisition of the vehicles ; it excludes the cost of outfitting each vehicle, which is contracted for separately.
644-10-21-21100-7511 $325,000 Medium SUV Patrol
644-10-21-21100-7511 $90,000 Medium SUV Lieutenant
644-10-21-21100-7511 $80,000 Medium SUV Supervisor
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Kearny Mesa Ford Quote
Exhibit B – County of San Diego Contract # 570454
Exhibit C – Resolution
EXHIBIT A
EXHIBIT B
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO COUNTY OF SAN DIEGO CONTRACT # 570454 WITH KEARNY MESA FORD FOR THE PURCHASE OF SIX 2025 FORD POLICE UTILTY B/W AWD INTERCEPTORS IN A NOT-TO-EXCEED AMOUNT OF $323,000 FOR THE NATIONAL CITY POLICE DEPARTMENT ; AND 2) AUTHORIZING THE CITY MANAGER TO APP ROVE ADJUSTMENTS OF UP $32,300 TO THE NOT-TO-EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORESEEN FLUCTUATIONS IN PRICING.
WHEREAS, six (6) National City Police Department Ford Explorer Patrol Interceptors have been in service for almost ten (10) years and have exceed ed their useful and optimum life cycle of six (6) years and are scheduled to be replaced; and WHEREAS, the City of National City has an opportunity to piggyback onto the County of San Diego Contract # 5 70454 with Kearny Mesa Ford to allow for the purchase of six (6) 2025 Ford Police Utility B/W AWD Interceptors; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the County of San Diego Contract # 570454 with Kearny Mesa Ford was competitively bid through a Request for Proposals process, and that the County of San Diego procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the purchase of six (6) 2025 Ford Police Utility B/W AWD Interceptors for the National City Police Department.
Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $32,300 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Awarding a Contract to Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Aster Construction Services in the Not -to-Exceed Amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19 -23; 2) Authorizing a 15% Contingency in the Amount of $287,257.50 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project. The project will provide approximately 1.7 miles of bicycle facilities providing north -south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (see attached exhibit A).
On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $1,286,000 State Active Transportation Program (ATP) grant for the Central Community Mobility Enhancements Project with a local match of $471,000. On March 26, 2020, Caltrans provided the agreement to the City for execution.
On October 1, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in accordance with the City’s Project Labor Agreement (PLA). On October 8, 2024 and October 9, 2024, the bid solicitation was advertised in local newspapers.
On October 27, 2024, three (3) bids were received by the 1:00 p.m. deadline. Aster Construction Services was the apparent lowest bidder with a total bid amount of $1, 915,050. Upon review of all documents submitted, Aster Construction Services bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.
Staff recommends awarding a contract to Aster Construction Services in the not-to-exceed amount of $1,915,050 and authorizing a 15% contingency in the amount of $2 87,257.50 to address any unforeseen conditions that may arise.
Attached are the bid opening su mmary sheet (Exhibit B) and a line-item summary of the three lowest bidders (Exhibit C) for reference. Also attached is the Owner -Contractor Agreement (Exhibit D).
Construction is estimated to be completed by Fall 2025. Typically, construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City’s CIP website at:
http://nationalcityprojects.com.
FINANCIAL STATEMENT:
Contract Award - $1,915,050
Expenditure Account No. 296-10-18-18500-7598-6588296 (ATP Grant) - $1,095,000 Expenditure Account No. 109-10-18-18500-7598-6035109 (SB1-RMRA Gas Tax) - $820,050
15% Contingency - $287,257.50
Expenditure Account No. 307-10-18-18500-7598-6035307 (TransNet Street Resurfacing)
All funding available through prior City Council appropriations.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Project Location Map
Exhibit B - Bid Opening Summary
Exhibit C - Three Lowest Bidders Summary
Exhibit D - Owner-Contract Agreement
Exhibit E - Resolution
Central
Elementary
School
Plaza
Commercial
Area
National
City
Middle School
John A Otis
Elementary
School
Sweetwater
Union
High School
Olivewood
Elementary
School
Las Palmas
Park
Sweetwater
Shopping
Plaza
Walmart
Las Palmas
Elementary
School
Kimball
Park
Senior
Housing
Plaza Village
Senior Living
4th Street
8th Street
Plaza Boulevard
16th Street 18th Street 24th Street
30th Street
Palm Avenue
Highland Avenue
D Avenue
M Avenue
N Avenue
L Avenue
City of
National City
805
N Avenue Infrastructure Gap
Class III Bike Route
4th Street, National City
Class II Bike Lane
4th Street, National City
Bicycle Boxes
D Ave & 18th St, National City
Bike Boxes
Bike Boxes
Highest employment
density in National City
LEGEND
Note: Bicycle Loop Detectors to be installed
at all signalized intersections
* Refer to Bike Master Plan
Class II - Bike Lane
Install two 6’ Buffered Bicycle Lanes
Class III - Bike Route
Install Sharrows and Signage
New Sidewalk
Existing Class II - Bike Lane
Existing Class III - Bike Route
Existing Class II In Design
Future Class I, II, or III Bikeway*
Future Pedestrian Path*
PROPOSED IMPROVEMENTS
BIKE FACILITIES
OTHER
Existing Bus Stop
Future BRT Station - SBBRT (2030)
Existing Super Markets
&ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ
Project Improvement Map
July 2018Page 183 of 520
BID OPENING SUMMARY
NAME: Central Community Mobility Corridor (PLA project) CIP NO: 19-23
DATE: Tuesday, August 27, 2024
TIME: 1:00 P.M.
ESTIMATE: $1,700,000
PROJECT ENGINEER: Luca Zappiello
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Aster Construction Services
1666 1/2 MaCadden Place
Los Angeles, California 90028
$1,915,050 Bond
2 Quality Construction & Engineering, Inc.
11956 Bernardo Plaza Drive #133
San Diego, California 92128
$1,951,925 Bond
3 Palm Engineering Construction Company,
7330 Opportunity Rd
Suite A
San Diego, California 92111
$2,372,305 Bond
No.
Uni
t
Quant
ity Description Unit Price Line Total Unit Price Line Total Unit Price Line Total 1L S 1 Mobilization/Demobilization $125,000 $125,000 $50,000 $50,000 $80,000 $80,000 2L S 1
Surveying and Construction
Staking $36,900 $36,900 $35,000 $35,000 $25,000 $25,000 3L S 1 Signing and Striping $181,236 $181,236 $215,000 $215,000 $225,000 $225,000 4L S 1 Traffic Control $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 5L S 1 Clearing and Grubbing $125,000 $125,000 $65,000 $65,000 $90,000 $90,000 6L S 1 Water Pollution Control $15,000 $15,000 $8,500 $8,500 $85,000 $85,000 7 SF 1800
Construct 4" PCC Sidewalk
per SDRSD G-07, G-09, G-10,
G-11 $19 $34,200 $20 $36,000 $24 $43,200
8 LF 265
Construct 6" Curb and
Gutter per SDRSD G-02 $90 $23,850 $85 $22,525 $85 $22,525 9E A 4 2
Remove and Replace ADA
Ramps (All Types) $8,200 $344,400 $8,500 $357,000 $11,000 $462,000 10 EA 9
Furnish and Install Ameristar
4" x 36" Retractable Bollards $5,000 $45,000 $1,500 $13,500 $1,500 $13,500 11 LF 160
Furnish and Install 6' Chain
Link Fence per SDRSD M-06
& M-20 $125 $20,000 $65 $10,400 $150 $24,000
12 SF 1120
Construct Masonry Retaining
Wall Type 3, including
Footing per SDRSD C-03 $45 $50,400 $105 $117,600 $145 $162,400 13 CY 7
Construct Gravity Wall Type
B per SDRSD C-09 $1,600 $11,200 $1,500 $10,500 $2,700 $18,900 14 SF 2500
Bonded Fiber Matrix with
Hydroseed Mixture $4 $10,000 $9 $21,250 $1 $2,375
15 TN 190
Construct Asphalt Concrete
Pavement $220 $41,800 $650 $123,500 $295 $56,050
16 TN 490
Construct Class II Aggregate
Base $90 $44,100 $85 $41,650 $135 $66,150
17 SF 24800 2" Mill $1 $23,064 $3 $74,400 $1 $27,280
18 TN 300 2" Overlay $220 $66,000 $300 $90,000 $350 $105,000 19 SY 18800
Type II Slurry Seal with Crack
Fill $6 $103,400 $4 $70,500 $6 $108,100
20 TN 20
6" Pavement Rehabilitation
Dig-out (Construct AC
Pavement) $300 $6,000 $1,000 $20,000 $950 $19,000
21 LS 1 Unclassified Excavation $50,000 $50,000 $45,000 $45,000 $150,000 $150,000 22 CY 100
Removal, Disposal and
Replacement of Unsuitable
Material $250 $25,000 $125 $12,500 $150 $15,000
23 EA 4
Relocate Pedestrian Push
Button $8,000 $32,000 $8,500 $34,000 $3,000 $12,000
24 LS 1
Replace Loop Detectors (N
Avenue at Plaza Blvd) $15,000 $15,000 $15,000 $15,000 $2,500 $2,500 Aster Construction
Services
Los Angeles, 90028
Quality Construction
& Engineering, Inc.
11956 Bernardo Plaza
Drive #133
Palm Engineering
Construction
Company,
7330 Opportunity Rd
Engineer's Estimate: $1,700,000
Bid Opening Date: 8/27/2024
Central Community Mobility Corridor (PLA project) CIP No. 19-23 Engineering & Public Works Department
Aster Construction
Services
Los Angeles, 90028
Quality Construction
& Engineering, Inc.
11956 Bernardo Plaza
Drive #133
Palm Engineering
Construction
Company,
7330 Opportunity Rd
25 EA 11
Reset Survey Benchmarks
and Corner Records $2,500 $27,500 $3,500 $38,500 $3,000 $33,000 26 SF 9850
Remove and replace PCC
Sidewalk (SDRSD G-07) $19 $187,150 $20 $197,000 $18 $177,300 27 LF 670
Remove and replace PCC
Curb and Gutter (SDRSD G-
02) $120 $80,400 $65 $43,550 $95 $63,650
28 SF 1400
Remove and replace PCC
Cross Gutter (SDRSD G-12) $28 $39,200 $35 $49,000 $55 $77,000 29 SF 1475
Remove and replace PCC
Driveway $30 $44,250 $22 $32,450 $45 $66,375
30 EA 1
Furnish and Install 4' x 4'
Filterra Biofiltration System $15,000 $15,000 $15,000 $15,000 $45,000 $45,000 31 EA 4
Furnish and Install Truncated
Domes $2,000 $8,000 $650 $2,600 $2,500 $10,000
Subtotal $1,915,050 $1,951,925 $2,372,305
OWNER - CONTRACTOR AGREEMENT
CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19-23
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Aster Construction Services (“Contractor”), 1666 1/2 MaCadden Place, Los Angeles, CA 91740 Los Angeles, California 90028 on the 15th day of October, 2024, for the construction of the above referenced Project.
In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete th e Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents ”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.
2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.
4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.
5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.
6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 I will comply with such provisions before commencing the performance of the Work of this Agreement."
7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between th e Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.
9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.
Owner shall have the right to control Contractor insofar as the results of Contractor 's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.
10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.
Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.
12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penal ties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contract or may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
Owner: Contractor:
Aster Construction Services
Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry Schultz Print name and title
City Attorney
Contractor’s City Business License No.
State Contractor’s License No. and Class
Business street address
City, State and Zip Code
EXHIBIT A
CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards
Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.
EXHIBIT B
CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)
No.
Uni
t
Quant
ity Description Unit Price Line Total
1L S 1 Mobilization/Demobilization $125,000 $125,000
2L S 1 Surveying and Construction Staking $36,900 $36,900 3L S 1 Signing and Striping $181,236 $181,236
4L S 1 Traffic Control $85,000 $85,000
5L S 1 Clearing and Grubbing $125,000 $125,000
6L S 1 Water Pollution Control $15,000 $15,000
7 SF 1800
Construct 4" PCC Sidewalk per SDRSD G-07, G-09, G-10, G- 11 $19 $34,200
8 LF 265 Construct 6" Curb and Gutter per SDRSD G-02 $90 $23,850 9E A 4 2 Remove and Replace ADA Ramps (All Types) $8,200 $344,400 10 EA 9 Furnish and Install Ameristar 4" x 36" Retractable Bollards $5,000 $45,000 11 LF 160
Furnish and Install 6' Chain Link Fence per SDRSD M-06 & M- 20 $125 $20,000
12 SF 1120
Construct Masonry Retaining Wall Type 3, including Footing per SDRSD C-03 $45 $50,400
13 CY 7 Construct Gravity Wall Type B per SDRSD C-09 $1,600 $11,200 14 SF 2500 Bonded Fiber Matrix with Hydroseed Mixture $4 $10,000 15 TN 190 Construct Asphalt Concrete Pavement $220 $41,800 Central Community Mobility Corridor (PLA project) CIP No. 19-23 Engineering & Public Works Department
Aster Construction Services
Los Angeles, 90028
Engineer's Estimate: $1,700,000
Bid Opening Date: 8/27/2024
Aster Construction Services
Los Angeles, 90028
16 TN 490 Construct Class II Aggregate Base $90 $44,100 17 SF 24800 2" Mill $1 $23,064
18 TN 300 2" Overlay $220 $66,000
19 SY 18800 Type II Slurry Seal with Crack Fill $6 $103,400 20 TN 20
6" Pavement Rehabilitation Dig-out (Construct AC
Pavement) $300 $6,000
21 LS 1 Unclassified Excavation $50,000 $50,000
22 CY 100 Removal, Disposal and Replacement of Unsuitable Material $250 $25,000 23 EA 4 Relocate Pedestrian Push Button $8,000 $32,000
24 LS 1 Replace Loop Detectors (N Avenue at Plaza Blvd) $15,000 $15,000 25 EA 11 Reset Survey Benchmarks and Corner Records $2,500 $27,500 26 SF 9850 Remove and replace PCC Sidewalk (SDRSD G-07) $19 $187,150 27 LF 670 Remove and replace PCC Curb and Gutter (SDRSD G-02) $120 $80,400 28 SF 1400 Remove and replace PCC Cross Gutter (SDRSD G-12) $28 $39,200 29 SF 1475 Remove and replace PCC Driveway $30 $44,250
30 EA 1 Furnish and Install 4' x 4' Filterra Biofiltration System $15,000 $15,000 31 EA 4 Furnish and Install Truncated Domes $2,000 $8,000 Subtotal $1,915,050
CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:
PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________
____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.
Signature: _______________________________________________________________
Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 20 21- _____, on the 15th day of October, 20 24, has awarded Aster Construction Services , hereinafter designated as the "Principal", the Central Community Mobility Enhancements Project, CIP No. 19-23.
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Nine Hundred Fifteen Thousand Fifty ($1,915,050) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her 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 sa id contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
And the said Surety, for value received, hereb y stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it d oes hereby waive notice of any such
change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the ________ day of ____________, 20____.
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
Surety Principal
PERFORMANCE BOND
ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney -in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subsc ribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
NOTE: The Attorney -in-fact must attach a
certified copy of the Power of
Attorney.
Signature: _______________________________________________________________
Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________
PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 20 21- _____, on the 15th day of October, 20 24 has awarded Aster Construction Services , hereinafter designated as the "Principal”, the Central Community Mobility Enhancements Project, CIP No. 19-23
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract;
NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Nine Hundred Fifteen Thousand Fifty ($1,915,050) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Sectio n 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.
This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, 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, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equip ment therefore, not 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 hereinabove described, nor by any rescission or attempted rescission of the contr act, 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 of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____.
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
____________________________(SEAL)
Surety Principal
ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the w ithin instrument as the attorney -in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
NOTE: The Attorney -in-fact must attach a
certified copy of the Power of
Attorney.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
ATTACH ALL BONDS
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)
AWARDING A CONTRACT TO ASTER CONSTRUCTION SERVICES IN THE NOT -TO- EXCEED AMOUNT OF $1,915,050 FOR THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19-23; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $287,257.50 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.
WHEREAS, in July 2018, City of National City (“City”) staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the Central Community Mobility Enhancements Project, CIP No. 19-23 (“Project”); and
WHEREAS, the Project will provide approximately 1.7 miles of bicycle facilities, providing north-south connections through the Central, Olivewood and Las Palmas neighborhoods in the City; and
WHEREAS, on January 30, 2019, Caltrans awarded a $1,286,000 ATP grant for the Project with a local match of $471,000; and
WHEREAS, on October 1, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on October 8 th and October 9 th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on October 27, 2024, three (3) bids were received by the 1:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, Aster Construction Services’ bid in the total bid amount of $1,915,050 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) awarding a contract to Aster Construction Services in the not-to-exceed amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) authorizing a 15% contingency in the amount of $287,257.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute the contract with Aster Construction Services in the not -to-exceed amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23.
Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $287,257.50 for any unforeseen changes.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Bayshore Bikeway - Segment 5 project, CIP 22 -33, ATP Cycle 4, Grant Appropriation for Construction (CON) Phase.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22- 33, ATP Cycle 4; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,421,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $710,000.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway – Segment 5 Project. The project will provide nearly 1.5 miles of protected bic ycle facilities along McKinley Avenue and Marina Way in the City of National City (City) (see attached exhibit). Staff requested $5,421,000 in Federal ATP funds for the construction phase of the project. In January 2019, staff received notification from C altrans that the City had been awarded Federal ATP funds in the amount of $5,421,000, which requires a local match from the City of $710,000.
On November 19, 2019, the City adopted resolution No. 2019 -155 authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District (Port of San Diego) and the City, in which the Port of San Diego committed to fund $900,000 for the project’s design and entitlements, including: environmental clearance, topographic survey, and preliminary and final design of the project.
In June 2022, due to construction cost increases , staff submitted a Cycle 6 Federal ATP grant application to Caltrans in the amount of $2,072,000 . At their December 7, 2022 meeting, the California Transportation Commission (CTC) awarded an ATP grant to the City in the amount of $2,072,000 for the Project. On October 1, 2024, the City adopted Resolution No. 2024 -111, authorizing the Mayor to execute the PSA No. A670 for the Cycle 6 Federal ATP grant to reimburse up to $2,072,000 in eligible project expenditures and committing to provide a local match of $310,800.
On April 8, 2024, Caltrans issued an allocation letter (see attached Exhibit B – Allocation Letter) allocating funding for the CON phase for the Cycle 4 Federal ATP grant in the amount of $5,421,000. On September 19, 2024, Caltrans issued a PSA to staff authorizing the City to proceed with the CON phase in the amount of $5,421,000 with a required local match of $710,000 (see attached Exhibit C – PSA). Funding for the local match is available through prior City Council appropriations to the Traffic System Improvements CIP. While the City Council authorized the establishment of $2,072,000 in appropriations on October 1, 2024, for the grant funding allocated under Cycle 6, appropriations for the Cycle 4 grant still need authorization . The combined total ATP grant funding for the construction phase of the Bayshore Bikeway Segment 5 project is $7,493,000.
Design of this project has been completed, and construction is anticipated to start in 2025.
FINANCIAL STATEMENT:
ATP Cycle 4 Grant $5,421,000 (new appropriation and corresponding revenue) Expenditure/Project Account No. 296-10-18-18500-7598- 6620296 (Expense) Revenue/Project Account No. 296-10-31-31100-3498- 6620296 (Federal Funded - Revenue)
Local Match $710,000 (no new appropriation)
Expenditure/Project Account No. 100-10-18-18500-7598- 6573100 (Traffic System Improvements CIP)
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Project Location Map
Exhibit B – Allocation Letter
Exhibit C – PSA
Exhibit D – Resolution
Bayshore Bikeway - Segment 5 project, CIP 22-33 - Location Map
Mr. Stephen Manganiello
Director of Engineering & Public Works
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Manganiello:
Your letter dated February 5, 2024 requested a fund allocation from the Active Transportation Program for the City of National City Construct Class 1 and Class 4 protected bicycle facilities with enhanced intersection treatments - Adjacent to Marina Way from 32nd Street to Bay Marina Drive, Bay Marina Drive from Marina Way to McKinley Avenue, and McKinley Avenue from Bay Marina Drive to Civic Center Drive. This project is programmed in the Active Transportation Program (ATP), as amended.
The State hereby makes the following allocation on March 22, 2024, effective March 22, 2024.
At their March 22, 2024 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s) shown below.
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
April 8, 2024
11-SD-0-NATC
ATPSB1L-5066(049)
Adv Id: 1120000179
11-1361PPNO:
Request No: 1
Allocation No. 2024-224 ATP FUND ALLOCATION
40 79
Senate District No.:
Assembly District
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
Const $5,421,000 2022 $0 $5,421,000
Federal Funds
State Funds
$5,421,000
$0
Total
This allocation makes available $5,421,000 of federal funds* and $0 of State (or State-only) funds for a total of $5,421,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for projects receiving Federal funds.
The effective date of allocation serves as the authorization to proceed and establishes the date for the start of reimbursable work for State-only funded projects.
$5,421,000$0$5,421,000
CTC ATP Ltr.Page 208 of 520
Mr. Stephen Manganiello
April 8, 2024
ATPSB1L-5066
For This Allocation:
Funds allocated for project E & P are available for expenditure until: Not Applicable.
Funds allocated for project PS & E are available for expenditure until: Not Applicable.
Funds allocated for project RW are available for expenditure until: Not Applicable.
Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract.
Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for detailed instructions and information.
This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed between the Agency and the State.
The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately after award of the construction contract. A copy of the project's award package also needs to be included with the submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.
The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for additional guidance.
After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract.
Sincerely,
ROBERT NGUYEN , Chief
Division of Local Assistance
c: SANDAG
Attachment: CTC Vote Box
Office of Project Management Oversight - South
CTC ATP Ltr.
for
Mr. Stephen Manganiello
April 8, 2024
ATPSB1L-5066(049)
bc: LPA
DLA AE Project Files
District - (11) DLAE - Brian Ott
CTC ATP Ltr.
F030
FOR FEDERAL-AID PROJECTS NO 11-5066F15
1120000179
September 19, 2024
11-SD-0-NATC
ATPL-5066(049)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
Adjacent to Marina Way from 32nd Street to Bay Marina Drive, Bay Marina Drive from Marina Way to McKinley Avenue, and McKinley Avenue from Bay Marina Drive to Civic Center Drive.
Construct Class 1 and Class 4 protected bicycle facilities with enhanced intersection treatments
0.0(MILES)
Federal Funds
Estimated Cost Matching Funds
Y306 $5,421,000.00
CITY OF NATIONAL CITY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ___ Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$6,131,000.00 $710,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$5,421,000.00
1 Page of 9Program Supplement 11-5066F15-F030- ISTEA
9/19/24
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(049)
1. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform 2 Page of 9Program Supplement 11-5066F15-F030- ISTEA
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(049)
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred
3 Page of 9Program Supplement 11-5066F15-F030- ISTEA
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(049)
costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
2. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.
D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by
4 Page of 9Program Supplement 11-5066F15-F030- ISTEA
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(049)
STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion 5 Page of 9Program Supplement 11-5066F15-F030- ISTEA
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Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
G. As a condition for receiving federal-aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
H. This PROJECT is programmed to receive Federal funding from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds.
I. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE.
J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund
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transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a Federal Highway Administration-approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
L. The submittal of invoices for PROJECT costs shall be in accordance with the above- referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds.
N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended.
P. This PROJECT has received funds from Active Transportation Program (ATP). 7 Page of 9Program Supplement 11-5066F15-F030- ISTEA
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The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
3. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain
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testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 9 Page of 9Program Supplement 11-5066F15-F030- ISTEA
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO.
F030 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE BAYSHORE BIKEWAY - SEGMENT 5 PROJECT, CIP 22-33, ATP CYCLE 4; 2) AUTHORIZING
THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $5,421,000 AND CORRESPONDING REVENUE BUDGET; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH OF $710,000.
WHEREAS, in July 2018, City staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation ( “Caltrans”) for the Bayshore Bikeway – Segment 5 project (“Project”); and
WHEREAS, the Project will provide nearly 1.5 m iles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (“City”); and WHEREAS, in January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5, 421,000 for the Project, which required a local match from the City of $710,000; and
WHEREAS, additionally, on November 19, 2019, the City adopted resolution No. 2019 - 155 authorizing entering into a Memorandum of Understanding ( “MOU”) with the San Diego Unified Port District ( “Port of San Diego ”) in which the Port of San Diego committed to fund $900,000 for the Project’s design and entitlements; and WHEREAS, due to construction cost increases, in June 2022, City staff submitted a Cycle 6 Federal ATP grant application to Caltrans in the amount of $2,072,000 for the Project and was awarded the ATP grant at the California Transportation Committee’s (“CTC”) meeting on December 7, 2022 (the “Cycle 6 Grant”); and
WHEREAS, on October 1, 2024, the City adopted Resolution No. 2024-111, authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. A670 for the Cycle 6 Grant, including committing to provide a local match of $310,800; and WHEREAS, at their March 22, 2024 meeting, the CTC awarded a Cycle 4 ATP grant in the amount of $5,421,000 to the City for the Project; and WHEREAS, the $5,421,000 award was distributed entirely for the Construction (“ CON”) phase of the Project; and
WHEREAS, on September 19, 2024, Caltrans issued a n authorization to proceed to the City for the CON phase, formalized as a PSA, confirming the State Funds portion of $5,421,000 with a required local match of $710,000; and
WHEREAS, funds are available to meet the local match utilizing existing appropriations in the General Fund’s Traffic Systems Improvements project; and
WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the Mayor to execute PSA No. F030 with Caltrans for the Project to allow reimbursement of up to $5,421,000 for the CON phase.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4. .
Section 2: That the City Council hereby authorizes the establishment of an Engineering Grants Fund Appropriation of $5,421,000 and corresponding revenue budget.
Section 3: That the City Council hereby authorizes to c ommit to providing a local match of $710,000 from the Traffic Systems Improvement project.
Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Library
Prepared by: Danielle Ghio, Acting City Librarian
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
California Library Adult and Family Literacy Services Grant Funds Acceptance
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his D esignee to Accept the California Library Literacy Services (CLLS) grant of $63,375 from the California State Library to Fund the National City Public Library’s Literacy Services Programs for FY2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $63,375 and Corresponding Revenue Budget.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Approved by the Board of Library Trustees at the regular meeting of October 2, 2024.
EXPLANATION:
California Library Literacy Services was developed in 1984 as the first statewide library -based adult literacy service. Since then, library literacy programs have helped more than a quarter of a million learners and their families.
Since 1984, the National City Public Library has assisted adults who seek to achieve their desired educational, professional, and academic goals. To better serve our community and allow more access to the program, it is offered either in-person, online or a hybrid of both. Adults in the literacy program are offered comprehensive tutoring in reading, writing, mathematics, basic computer and technology skills, GED/HiSet and ASVAB preparation, citizenship education, as well as skills for interviewing and resume writing. In FY 2023-2024, the program assisted 141 learners.
The program allows learners to achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting. Our Library has also developed a strong program with curriculum in digital literacy.
The California Library Literacy Services (CLLS) grant is designed to support the library’s literacy services program for adults who seek to improve their reading, writing, math, and computer skills.
The award amount the State Library provides to libraries that offer literacy services to their communities is based on a three-part funding formula:
1. A baseline amount ($20,000) for each approved library literacy program;
2. A per capita amount per adult learner served in the previous year’s program; and
3. Additional funding raised by local funds earmarked for adult literacy services. This local funding is fulfilled by Library Fund personnel costs for the operation of the literacy program.
The National City Public Library’s Adult Literacy Program provides literacy services to English - speaking adults, helping them reach their goals as lifelong learners, co mmunity members,
workers, and family members. The Adult Literacy Program values learner-centered education and places the real-world needs and interests of adults at the center of the curriculum.
The National City Public Library began a Family Literacy pilot program in FY 2023-24 which Supports the literacy development within the home and family unit. Family Literacy Services contribute to strong communities and families. The focus is on building strong foundations in reading, writing, and other language-based programs and activities for adult literacy learners and their families. By incorporating literacy into daily routines and interactions, families can improve their overall communication and educational outcomes.
The California Library Literacy Services (CLLS) grant is designed to support the library’s literacy services program for families who seek to improve their reading, writing, math, and computer skills. The family literacy program provides family literacy pa ckets that include lesson plans, children’s books, craft activities, and assignments for families to do together. The program also provides workshops that focus on family learning goals as well as connect and engage families with programming, resources, and each other to obtain each learner’s goals and aspirations.
The CLLS grant is awarded in two installment payments. The first payment of $ 57,038 (90% of the Award) is being awarded at this time. The second payment of $ 6,337, representing the remaining 10% of the total award for FY 2025, will be claimed at a later date upon submission of the mid-year narrative and financial reports that demonstrate program activity and confirm that 75% of the award has been expended. The total award amount for FY 2025 will be $63,375.
FINANCIAL STATEMENT:
Approval of the Resolution authorizes the establishment of a Library Grant Fund appropriation of $63,375 and a corresponding revenue budget as follows:
Expenditures:
Account 320-50-41-41407-6005- Hourly Wages: $11,000
Account 320-50-41-41407-7222- Memberships & Subscriptions: $15,000 Account 320-50-41-41407-7399- Materials & Supplies: $37,375 Revenues:
Account 320-50-41-41407-3463- Other State Grants: $63,375
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Parks, Recreation and Library
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - State Library Award Letter Agreement and Certificate of Compliance Exhibit B - Resolution
In Process
Library Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
August 22, 2024
Danielle Ghio
National City Public Library
1401 National City Blvd.
National City, CA 91950
Dear Ms. Ghio,
and the important work that you, your staff, and your volunteers do in your community.
The state budget continues to provide $7.32 million in California Library Literacy Services funding for Adult Literacy Services and Family Literacy Services.
Your total award amount for the 2024-2025 fiscal year beginning July 1, 2024, is:
Adult Literacy and Family Literacy Services: $63,375
Total Award: $63,375
CLLS programs with Family Literacy Services will receive one award total, referred to as a -2025 program period. Your library is responsible for allocating award funds between Adult Literacy Services and Family Literacy Services to respond to community needs and for adhering to the following requirements:
At least 51 percent of the block grant award must be allocated to Adult Literacy Services.
At least 26 percent of the block grant award must be allocated to Family Literacy Services.
Programs who requested a fixed award for Family Literacy Services may adjust their request by +/- 25 percent. Contact your state team for support.
The block grant model does not apply to English as a Second Language Services funds for the 2024-2025 and 2025-2026 program periods.
Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award:
Total Initial Award Amount: $57,038
Information about claiming the rest of your award is included in the payment schedule at the end of your award packet.
You must encumber your funds by June 30, 2025. You must fully expend funds by September 30, 2024, in accordance with your approved budget on file with the State Library.
Docusign Envelope ID: 18CB0FAC-09AB-40E1-8966-9CDC5BB5C27E
In Process
Library Courts Building 916-323-9759P.O. Box 942837 [email protected], CA 94237-0001 www.library.ca.gov and for which a budget has been provided to and approved by the State Library.Review the California Library Literacy Services Allowable and Unallowable Expensesguidelines to ensure program expenditures are consistent with the California Library Literacy Services allowable expenses. If you have questions about expenses or expending award funds, contact Allyson Jeffredo at [email protected] strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the California Library Literacy Services Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website. The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. All forms should be completed and signed through DocuSign to be processed for payment. Our library literacy staff are available to assist you throughout the year. Contact your Advisor Beverly Schwartzberg and your Grant Monitor Allyson Jeffredo at [email protected] any questions. Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.Respectfully yours,Greg LucasCalifornia State LibrarianCc: Beverly Schwartzberg, [email protected] Jeffredo, [email protected] Library Fiscal Office, [email protected] Vidamo, [email protected]: Re: CLLS24-51: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance Docusign Envelope ID: 18CB0FAC-09AB-40E1-8966-9CDC5BB5C27E
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) GRANT IN THE AMOUNT OF $63,375 FROM THE CALIFORNIA STATE LIBRARY TO FUND THE NATIONAL CITY PUBLIC LIBRARY’S LITERACY SERVICES PROGRAM S FOR F ISCAL YEAR 2025 AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $ 63,375 AND CORRESPONDING REVENUE BUDGET.
WHEREAS, the California Library Literacy Services (“CLLS”) Grant is designed to support the National City Public Library’s Literacy Services Program for English-speaking adults who seek to improve their reading, writing, and math skills; and WHEREAS, since 1984, the National City Public Library has assisted adults who seek to improve their reading skills and achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting; and
WHEREAS, the National City Public Library began a Family Literacy pilot program in FY 2023-24 which supports literacy development within the home and family unit and where the focus is on building strong foundations in reading, writing, and other language -based programs and activities for adult literacy learners and their families; and
WHEREAS, the CLLS Grant is provided to the library in two payments each year; the first payment of $ 57,038 (90% of the Award) is the baseline amount, and the second payment of $6,337, representing the remaining 10% of the total Award for FY 2025, can be claimed at a later date upon submission of the mid -year narrative and financial report that demonstrates pro ject activity and confirmation that 75% of the Award has been expended for a total Award amount of $63,375 for Fiscal Year 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the City Manager or his designee to accept the grant funds in the amount of $ 63,375 from the California State Library to fund the National City Public Library’s Literacy Services Program s for Fiscal Year 202 5, and authorizes the establishment of Library Grant Fund appropriations in the amount of $63,375 with a corresponding revenue budget.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Information Technology
Prepared by: Ron Williams, IT Manager
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Enterprise Storage System Lifecycle Replacement
RECOMMENDATION:
Adopt a Resolution Entitled: “Resolution of the City Council of the City of National City, California, Waiving the Bid Process by Utilizing Pricing and Contracts, Amendments, and Extensions from the National Intergovernmental Purchasing Alliance (NIPA) Technical Solutions Contract # 2018011 with CDWG LLC to Purchase Enterprise Storage System (ESS) Hardware, Software, and Related Services for an Amount Not-to-Exceed $ 314,101.94 Pursuant to National City Municipal Code Section 2.60.260.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Enterprise Storage System (ESS) consists of centralized storage array repositories hosting data and business applications in data centers located at various City facilities (City Hall, Police Department and Library). The ESS provides centralized data management, data protection (data security), and data sharing capabilities (network shared drives) . The ESS storage array repositories host application server platforms running the City’s essential information systems applications (Email, Financials, Intranet, City Records Management, Permitting, GIS, Law Enforcement Records Management and Report Writing , Legal Case Management, Computer Aided Dispatch, etc.). Major hardware components of the ESS storage arrays were purchased in 2017 and 2018. The average lifecycle of enterprise storage hardware is five to seven years.
The ESS is approaching support end of life where software updates and spare parts will become increasingly difficult to obtain when malfunctions occur. Upgrading the ESS will provide increased data storage capacity, and advanced technologies to support the latest innovations in information technology service delivery and data management throughout the City of National City.
Staff is requesting approval of the purchase of a new Enterprise Storage System in the not -to- exceed amount of $314,101.94 utilizing NIPA contract #2018011, consistent with Section
2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing.
NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be
in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.
National City’s Purchasing staff has confirmed that the NIPA Contract #2018011 was competitively bid through a Request for Proposals (RFP) process, and that the procurement procedures are in substantial compliance with those of the City of National City.
FINANCIAL STATEMENT:
The funding for this purchase was included in the FY2 5 budget in the Information Technology Maintenance & Operations Fund. No additional appropriations are required. The not-to-exceed expenditure of $314,101.94 will be recorded in Account No. 629-10-13-13600-7502- Computer Equipment.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – CDWG Quote
Exhibit B – NIPA Master Agreement
Exhibit C – Amendment #1
Exhibit D – Amendment #2
Exhibit E – Amendment #3
Exhibit F – Master Agreement Renewal
Exhibit G – Resolution
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QUOTE# QUOTEDATE QUOTEREFERENCE CUSTOMER# GRANDTOTALPCSF8049/27/2024HPE COMBINED7328975$314,101.94 QUOTEDETAILSITEM QTY CDW# UNITPRICE EXT.PRICEHPE VIRTUAL RACK1 6491776$29.16$29.16Mfg. Part#: ZU715AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011)HPE GREENLAKE BLOCK STOR CONF SUB1 7863454$0.16$0.16Mfg. Part#: S0B84AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license-to-use (5 year1 7947163$0.39$0.39Mfg. Part#: S3Q02AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) Configurator Defined Build Instructions - user manual1 2997992$1.08$1.08Mfg. Part#: 581817-B21Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack chassis - 2U1 7477177$1,957.21$1,957.21Mfg. Part#: R7C75AContract: National IPA Technology Solutions (2018011) HPE 256 GB 16-core Block Controller Node - storage controller2 7612576$9,705.42$19,410.84Mfg. Part#: S0R21AContract: National IPA Technology Solutions (2018011) HPE Alletra - host bus adapter - 32Gb 64Gb Fibre Channel x 42 7612580$871.06$1,742.12Mfg. Part#: R7C90AContract: National IPA Technology Solutions (2018011) HPE - SFP28 transceiver module - 32Gb Fibre Channel4 6928666$96.27$385.08Mfg. Part#: Q2P62A
QUOTEDETAILS(CONT.)Contract: National IPA Technology Solutions (2018011)HPE Alletra Storage MP - host bus adapter - OCP - 100 Gigabit Ethernet x 2 2 7860673$664.07$1,328.14Mfg. Part#: S2A68AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP C14 1600W AC Power Supply2 7477203$331.26$662.52Mfg. Part#: R7C76AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP 7.68TB NVMe Solid State Drive10 7908747$2,276.48$22,764.80Mfg. Part#: R9H68AContract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477187$0.15$0.15Mfg. Part#: R9R52AContract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477188$0.15$0.15Mfg. Part#: R9S00AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack shelf - NVMe, configure-to-order1 7860675$1,956.64$1,956.64Mfg. Part#: S1J10AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP C14 1600W AC Power Supply2 7477203$331.26$662.52Mfg. Part#: R7C76AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack shelf - NVMe2 7860676$3,275.67$6,551.34Mfg. Part#: S1R28AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - host bus adapter - OCP - 100 Gigabit Ethernet x 2 2 7860673$664.07$1,328.14Mfg. Part#: S2A68AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP 7.68TB NVMe Solid State Drive8 7908747$2,276.48$18,211.84Mfg. Part#: R9H68AContract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477187$0.15$0.15Mfg. Part#: R9R52AContract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477188$0.15$0.15Mfg. Part#: R9S00AContract: National IPA Technology Solutions (2018011)
QUOTEDETAILS(CONT.)HPE STG DATA ENCRYPTION LTU1 7909906$0.91$0.91Mfg. Part#: S0A98AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011)HPE Alletra Storage MP CDM - bluetooth connect kit1 7878304$22.06$22.06Mfg. Part#: S0U79AContract: National IPA Technology Solutions (2018011) HPE Aruba 100GBase direct attach cable - 3.3 ft2 7327647$52.36$104.72Mfg. Part#: R9F77AContract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license (5 years) + Su 1387947166$524.21$72,340.98Mfg. Part#: S3Q02AAEElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008W1 7849524$0.22$0.22Mfg. Part#: HU4A6A5008WContract: National IPA Technology Solutions (2018011) HPE ALLETRA STORAGE MP 2U CHASSIS1 7477185$311.31$311.31Mfg. Part#: HU4A6A5008LElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE ALLETRA STGMP 16C NODE SUP2 7851722$987.80$1,975.60Mfg. Part#: HU4A6A5008NElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP 32 64 4PT FC SUP2 7822374$138.56$277.12Mfg. Part#: HU4A6A5008PElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008T18 7849503$362.25$6,520.50Mfg. Part#: HU4A6A5008TContract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP BLOCK SHELF SUP1 7849505$520.95$520.95Mfg. Part#: HU4A6A5008XContract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP NVME SHEF SUP1 7849511$311.31$311.31Mfg. Part#: HU4A6A5008ZContract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP 100GBE 2P SUP1 7849513$105.51$105.51Mfg. Part#: HU4A6A5009AContract: National IPA Technology Solutions (2018011)
QUOTEDETAILS(CONT.)HPE GREENLAKE BLK STRG DRV ENCL FLD1 7849517$467.95$467.95Mfg. Part#: HA124A1#VZJContract: National IPA Technology Solutions (2018011)HPE GREENLAKE BLK STRG OS SRTUP SVC1 7849519$2,000.58$2,000.58Mfg. Part#: HA124A1#VZWElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLK STRG 2N FLD SRTUP1 7849522$1,379.18$1,379.18Mfg. Part#: HA124A1#VZSContract: National IPA Technology Solutions (2018011) HPE VIRTUAL RACK1 6491776$31.28$31.28Mfg. Part#: ZU715AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLOCK STOR CONF SUB1 7863454$0.19$0.19Mfg. Part#: S0B84AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license-to-use (5 year1 7947163$0.64$0.64Mfg. Part#: S3Q02AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) Configurator Defined Build Instructions - user manual1 2997992$0.80$0.80Mfg. Part#: 581817-B21Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack chassis - 2U1 7477177$2,402.25$2,402.25Mfg. Part#: R7C75AContract: National IPA Technology Solutions (2018011) HPE 256 GB 16-core Block Controller Node - storage controller2 7612576$11,912.36$23,824.72Mfg. Part#: S0R21AContract: National IPA Technology Solutions (2018011) HPE Alletra - host bus adapter - 32Gb 64Gb Fibre Channel x 42 7612580$1,069.13$2,138.26Mfg. Part#: R7C90AContract: National IPA Technology Solutions (2018011) HPE - SFP28 transceiver module - 32Gb Fibre Channel4 6928666$191.13$764.52Mfg. Part#: Q2P62AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP C14 1600W AC Power Supply2 7477203$406.58$813.16Mfg. Part#: R7C76AContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP 7.68TB NVMe Solid State Drive10 7908747$2,794.14$27,941.40
QUOTEDETAILS(CONT.)Mfg. Part#: R9H68AContract: National IPA Technology Solutions (2018011)HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477187$0.19$0.19Mfg. Part#: R9R52AContract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477188$0.18$0.18Mfg. Part#: R9S00AContract: National IPA Technology Solutions (2018011) HPE STG DATA ENCRYPTION LTU1 7909906$0.73$0.73Mfg. Part#: S0A98AElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP CDM - bluetooth connect kit1 7878304$27.08$27.08Mfg. Part#: S0U79AContract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license (5 years) + Su 77 7947166$868.23$66,853.71Mfg. Part#: S3Q02AAEElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008W1 7849524$0.34$0.34Mfg. Part#: HU4A6A5008WContract: National IPA Technology Solutions (2018011) HPE ALLETRA STORAGE MP 2U CHASSIS1 7477185$465.96$465.96Mfg. Part#: HU4A6A5008LElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE ALLETRA STGMP 16C NODE SUP2 7851722$1,478.58$2,957.16Mfg. Part#: HU4A6A5008NElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP 32 64 4PT FC SUP2 7822374$207.40$414.80Mfg. Part#: HU4A6A5008PElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008T10 7849503$542.23$5,422.30Mfg. Part#: HU4A6A5008TContract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLK STRG OS SRTUP SVC1 7849519$2,899.45$2,899.45Mfg. Part#: HA124A1#VZWElectronic distribution - NO MEDIAContract: National IPA Technology Solutions (2018011)
QUOTEDETAILS(CONT.)HPE GREENLAKE BLK STRG 2N FLD SRTUP1 7849522$1,998.81$1,998.81Mfg. Part#: HA124A1#VZSContract: National IPA Technology Solutions (2018011) SUBTOTAL $302,289.41SHIPPING $0.00SALESTAX $11,812.53GRANDTOTAL $314,101.94 PURCHASERBILLINGINFO DELIVERTOBilling Address:CITY OF NATIONAL CITYACCOUNTS PAYABLE1243 NATIONAL CITY BLVDNATIONAL CITY, CA 91950-4397Phone: (619) 336-4200Payment Terms: Net 30 Days-Govt State/Local Shipping Address:CITY OF NATIONAL CITYRON WILLIAMS1243 NATIONAL CITY BLVDNATIONAL CITY, CA 91950-4397Phone: (619) 336-4200Shipping Method: DROP SHIP-COMMON CARRIERPleaseremitpaymentsto:CDW Government75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Sales Contact Info
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City of Mesa, AZ
Contract # 2018011-01
for
Information Technology Solutions and Services
with
CDW Government, LLC
Effective: March 1, 2018
The following documents comprise the executed contract between the City of Meza, AZ and CDW Government, LLC., effective March 1, 2018:
I. Executed Contract
II. Mayor and Council Approval
III. Supplier Response
IV. Original RFP
OFFICE OF THE CITY CLERK
COUNCIL MINUTES
February 5, 2018
The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m.
COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT
John Giles
David Luna
Mark Freeman
Christopher Glover
Francisco Heredia
Kevin Thompson
Jeremy Whittaker
None
Christopher Brady
Dee Ann Mickelsen
Jim Smith
Mayor’s Welcome.
Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life).
Pledge of Allegiance was led by Councilmember Thompson.
Awards, Recognitions and Announcements.
There were no awards, recognitions or announcements.
1. Take action on all consent agenda items
.
All items listed with an aster isk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda.
It was moved by Councilmember Thompson , seconded by Councilmember Glover , that the consent agenda items be approved.
Carried unanimously.
*2. Approval of minutes from previous meetings as written.
Minutes from the January 8, 11, and 22, 2018 Council meetings.
Regular Council Meeting
February 5, 2018
3. Take action on the following liquor license applications:
*3-a. It Ain’t Chemo
This is a one -day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1)
*3-b.
AMC Superstition East 12
A multi- screen cinema is requesting a new Series 6 Bar License for American Multi- Cinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6)
*3-c. ATL Wings
A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22- 24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4)
*3-d.
Elgin Distillery
This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)
*3-e.
Village of Elgin Winery
This is a one- day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)
4. Take action on the following off-track betting license application:
*4-a.
Turf Paradise, TP Racing LLLP
New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant:
Vincent Acri Francia. (District 1)
5. Take action on the following contracts:
*5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide)
This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approximately 65- 70 positions eligible to participate in this program.
The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage.
Regular Council Meeting
February 5, 2018
*5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide)
This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department.
The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage.
*5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide)
The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded -in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit.
The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five -year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital -General Fund and authorized 2013 Public Safety Bonds.
*5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide)
These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in- house and, at this time, contracting continues to be in the best financial interest of the City.
The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage.
*5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide)
This contract will establish a list of pre -qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis.
The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage.
Regular Council Meeting
February 5, 2018
*5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide)
This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project.
The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25.
*5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide)
This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high- end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering.
Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract.
A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police- Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage.
*5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide)
Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies.
The Business Services Department and Purchasing rec ommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage.
*5-i. Re-Award the Three- Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide)
This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements.
Regular Council Meeting
February 5, 2018
The Police Department and Purchasing recommend re- awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage.
*5-j. Purchase of Falcon District Brand Signage as requested by the Economic Development Department. (Citywide)
Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202.
Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport.
The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax.
*5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide)
These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance.
The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax.
*5-l. One-Year Renewal to the Term Contract for Radio- Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide)
This contract provides Itron radio -based endpoint encoders and accessories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually.
The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage.
*5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide)
This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant.
The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage.
Regular Council Meeting
February 5, 2018
*5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide)
This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for tempora ry construction water service and dust control purposes.
The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage.
*5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide)
The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands.
Staff recommends awarding the contract for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds.
*5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4)
The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced.
Staff recommends awarding the contract for this pr oject to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program.
*5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4)
To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made.
The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa will participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible
Regular Council Meeting
February 5, 2018
for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians.
This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time.
Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transporta tion (Federal) Grant under the Railway-Highway Grade Crossing.
6. Take action on the following resolutions
:
*6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088.
*6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089.
*6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090.
*6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN -Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091.
*6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092.
*6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093.
Regular Council Meeting
February 5, 2018
7. Introduction of the following ordinance and setting February 26, 2018 as the date of the public hearing on this ordinance:
*7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side).
Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres).
Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner.
Staff Recommendation
: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
8. Discuss, receive public comment, and take action on the following ordinances:
*8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side).
Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419.
Staff Recommendation
: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side).
Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI -AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx -Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420.
Staff Recommendation
: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request will allow the development of a new multiple- residence building in an existing multiple- residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421.
Staff Recommendation
: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
9. Take action on the following subdivision plat:
*9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and t he 900 to 1200 blocks of South Los Alamos (west side). Located east of
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2018011
INFORMATION TECHNOLOGY SOLUTIONS & SERVICES
CITY OF MESA, Arizona (“City”)
Department Name City of Mesa – Purchasing Division
Mailing Address P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address 20 East Main St, Suite 400
Mesa, AZ 85201
Attention Sharon Brause, CPPO, CPPB, CPCP
Senior Procurement Officer
E-Mail [email protected]
Phone (480) 644-2815
Fax (480) 644-2655
AND
CDW GOVERNMENT LLC, (“Contractor”)
Mailing Address 230 N. Milwaukee Ave
Vernon Hills, IL 60061-9740
Remit Address 75 Remittance Dr, Suite #1515
Chicago, IL 60675-1515
Attention Jumana Dihu, Program Manager
E-Mail [email protected]
Phone (312) 547-2495
Fax (312) 705-9437
Website www.cdwg.com
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation (“ Agreement”) is entered into this 28 th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“ City”), and CDW GOVERNMENT LLC, an Illinois limited liability company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement.
RECITALS
A. The City issued solicitation number 2018011 (“Solicitation”) for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response (“Response”); and
B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023.
The use of the word “ Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then - current term.
1.2 Extension for Procurement Processes . Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a Contractor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Te rm. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then - current term.
1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of W ork within thirty (30) days after receipt of an order. Title to Products and risk of loss or damage during shipment pass from Contractor to City upon delivery to the destination specified on the applicable purchase order (F.O.B. Destination, freight prepa id and allowed). Contractor agrees to deliver all products to be delivered F.O.B. destination, freight pre -paid and allowed to various locations throughout the City. In many cases within the City, the Contractor may be asked to deliver all products to the front counter within a given department. For special orders, the Parties agree to negotiate in good faith an alternative delivery date when necessary. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and the City's rights therein are contained in the license agreement between such licensor(s) and the City.
2. Scope of Work . The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise
stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A , the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Parties shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein.
3. Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one- time purchase; (ii) procurement card ; (iii) Delivery Order or Blanket Purchase Order for a requirements contract where multiple as -needed orders will be placed with the Con tractor; (iv) Executed Statement of Work (SOW); or (v) Executed Cloud Service Order (CSO) Form. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement. Unless explicitly stated in a separate writing executed by the Parties, t he terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below.
4. Document Order of Precedence . In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order.
a. Amendments to the Agreement
b. Agreement
c. Exhibits
1. Mesa Standard Terms & Conditions (Exhibit C)
2. Pricing (Exhibit B)
3. Scope of Work (Exhibit A)
4. Other Exhibits not listed above
d. Solicitation including any addenda
e. Contractor’s Response
5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term.
6. Pricing. Contractor’s pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and Pricing will include all charges that may be incurred in fulfilling requireme nt(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a product is discontinued, Contractor will provide a product of the same or greater functionality, utilizing the discount structure.
It is the Contractor’s responsibility to provide the City with an up -to-date price list for the duration of the Agreement.
6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the materials/service including transportation, insurance and
warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement.
The City shall not be invoiced at prices higher than those stated in the Agreement.
No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.
6.2 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment ; therefore, Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.
During the sixty (60) day period prior to the expiration of the then-current term date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumer s (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics ( http://www.bls.gov/cpi/home.htm). The City shall review t he request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
6.3 Renewal and Extension Pricing . Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the Subsection 6.2. There is no guarantee the City will accept a price adjustment.
6.4 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A prop erly completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement; d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable taxes; and
j. Total amount due.
6.5 Payment of Funds . Contractor acknowledges the City may, at i ts option and where available use a Procurement Card/e -Payables to make payment for orders under the Agreement; otherwise, payment will be th rough a traditional method of a check or Electronic Funds Transfer (EFT) as available.
6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice.
7. Insurance.
7.1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Ag reement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an addit ional insured endorsement or proper insurance policy excerpts.
7.2 Nothing in this Section 7 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.
7.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.
7.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement.
7.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.
7.6 When the City requires a Certificate of Insurance to be furnished, Cont ractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.
7.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and emplo yees for any claims arising out of the work of Contractor.
7.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.
7.9 Types and Amounts of Insurance . Contractor must obtain and retai n throughout the term of the Agreement, at a minimum, the following:
7.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.
7.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.
7.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos.
8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within three (3) business days of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of materials, or performance of services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so.
9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C.
10. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and
d. Contractor has not entered into and wi ll not enter into any agreement, whether oral or written, in conflict with the Agreement.
11. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.
12. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the
EXHIBIT A
SCOPE OF WORK
1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications:
a. A full range of information technology solution products and services to meet varying requirements of governmental agencies.
b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering products, free of charge, in a timely manner on a nationwide basis.
d. Have a demonstrated sales presence.
e. Ability to provide a toll-free telephone and state of the art electron ic facsimile and internet ordering and billing capabilities.
f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein.
2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following:
a. Online
b. Telephone
c. Fax
d. Email
3. SCOPE OF PRODUCTS . Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including , but not limited to , the following categories:
a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba.
b. Standard Business Workstation : These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment.
c. High End Workstation: These will be used by application developers using GIS, CASE or other high -level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work.
Product will include the operating system license, software media and documentation in the hardware shipment.
d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and busine ss productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment.
e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1, T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell, Juniper Networks, HP, Extreme Networks, Enterasys Networks, D -Link, Netgear, and Brocade Communications Systems.
EXHIBIT A
SCOPE OF WORK
f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements.
g. Computer and Network Products and Peripherals : Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, ke yboards, drives, memory cards, cables, batteries, etc.
h. Services:
i. Services means such as, consulting, technical support, trade-ins, repair, design, analysis, configuration, implementation, installation, training, and maintenance, etc. In addition, services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. as described generally in this Agreement and as more particularly described in a Statement of Work or SOW (meaning a document in electronic or written form that is signed and delivered by each of the Parties for the performance of Services.
ii. Cloud Computing means third party cloud computing and storage services, where Contractor acts as a rebiller only and has no control over the delivery of the cloud computing and storage services. City acknowledges that the cloud service provider, and not Contractor, will be responsible for performance of the Cloud Services. Also, before Contractor can sell cloud computing and/or storage services from a third party to the City, City must execute an agreement governing said cloud computing and/or storage services with the third-party cloud services provider.
i. Comprehensive Product Offering: Contractor’s catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered.
j. Financing: Options available such as lease programs and conditional sales contracts.
4. LICENSES. The City may be required to sign a separate agreement, rider or End User Licensing Agreement (“EULA”) , or such other terms as required by manufacturers , software publisher, or cloud service provider.
5. DEFECTIVE PRODUCT . All defective Products shall be replace d and exchanged by the Contractor. The cost of transportation, re -shipping or other like expenses shall be paid by the Contractor and in the case of certain, special orders, other reasonable charges may be paid by the Contractor as defined in the order or as otherwise agreed to by the Parties . All replacement Products must be received by the City within seven (7) days of initial notification , when such products are in Contractor stock; if replacement Product is not in Contractor’s stock, Contractor will use commercially reasonable efforts to order the product within one (1) business day of the initial notification from the City and will ensure product is received within seven (7) days after Contractor’s receipt of the product.
EXHIBIT B
PRICING
Item
# Product Product / Group Discount Manufacturer Name
1) Group 1 - Systems
1) Desktops 2.10% All
2) Notebooks 2.10% All
3) Tablets 2.25% All
4) Servers
(1 Processor, 2 Processor, 4+
Processor, Blade, Tower, Unix,
Handhelds, etc.)
4.00% All
2) Group 2 - Input Devices
5) Keyboards 6.75% All
6) Mice 6.75% All
7) Imaging Scanners 3.00% All
8) POS Scanners 3.00% All
9) Pointing Devices 3.50% All
10) Bar Code Readers 4.25% All
11) Audio Input 15.00% All
12) Input Adapters 5.00% All
13) PC and Network Cameras 5.50% All
14) Input Cables 15.00% All
15) Input Accessories 6.75% All
3) Group 3 - Output Devices
16) Displays 3.50% All
17) Printers 3.00% All
18) Inkjet Printers 3.00% All
19) Inkjet Photo Printers 3.00% All
20) Laser Printers 3.00% All
21) Label Printers 4.25% All
22) Dot Matrix Printers 3.00% All
23) Multi-Function Printers 3.00% All
24) Wide Format Printers 3.00% All
25) Multi-Function Inkjet Printers 3.00% All
26) Wide Format Printers 3.00% All
27) Fax Machine Printers 3.00% All
28) Printer Accessories 3.00% All
29) Projectors 3.50% All
30) Projector Accessories 3.50% All
31) Audio Input 15.00% All
32) Video Cards 3.50% All
EXHIBIT B
PRICING
33) Sound Cards 3.50% All
34) Output Accessories 6.75% All
35) Printer Consumables 3.00% All
4) Group 4 - Memory
36) Desktop 13.00% All
37) Flash 5.50% All
38) Networking 13.00% All
39) Notebook 13.00% All
40) Printer / Fax 13.00% All
41) Server 13.00% All
5) Group 5 - Storage Devices
42) Adapters Fiber Channel 5.50% All
43) Adapters FireWire / USB 5.50% All
44) Adapters IDE/ATA/SATA 5.50% All
45) Adapters RAID 5.50% All
46) Adapters SCSI 5.50% All
47) Bridges & Routers 5.50% All
48) Disk Arrays 5.50% All
49) Disk Arrays JBOD 5.50% All
50) Drives Magneto-Optical 5.50% All
51) Drives Removable Disks 5.50% All
52) Fiber Channel Switches 5.50% All
53) Hard Disks - External 5.50% All
54) Hard Disks - Fiber Channel 5.50% All
55) Hard Disks - IDE/ATA/S 5.50% All
56) Hard Disks - Notebook 5.50% All
57) Hard Disks - SCSI 5.50% All
58) Networking Accessories 5.50% All
59) Optical Drives - CD-ROM 5.50% All
60) Optical Drives - CD-RW 5.50% All
61) Optical Drives - DVD-CD 5.50% All
62) Optical Drives - DVD-RW 5.50% All
63) Storage Accessories 5.00% All
64) Storage - NAS 5.00% All
65) Storage - SAN 5.00% All
66) Tape Autoloaders -AIT 5.00% All
67) Tape Autoloaders - DAT 5.00% All
68) Tape Autoloaders - DLT 5.00% All
69) Tape Autoloaders - LTO 5.00% All
70) Tape Drives - 4mm 5.00% All
EXHIBIT B
PRICING
71) Tape Drives - 8mm/VXA 5.00% All
72) Tape Drives - AIT 5.00% All
73) Tape Drives - DAT 5.00% All
74) Tape Drives - DLT 5.00% All
75) Tape Drives - LTO/Ultrium 5.00% All
76) Tape Drives SDLT 5.00% All
77) Tape Drives - Travan 5.00% All
6) Group 6 - Network
Equipment
78) 10/100 Hubs & Switches 5.50% All
79) Bridges & Routers 5.50% All
80) Gigabit Hubs & Switches 5.50% All
81) Concentrators & Multiplexers 5.50% All
82) Hardware Firewalls 5.50% All
83) Intrusion Detection 5.50% All
84) KVM 4.00% All
85) Modems 5.50% All
86) Network Test Equipment 5.50% All
87) Network Adapters 5.50% All
88) Network Cables 15.00% All
89) Network Accessories 5.50% All
90) Repeaters & Transceivers 5.50% All
91) Wireless LAN Accessories 5.50% All
92) Token Authentication 5.50% All
93) 10G Fiber Optic Transceivers 5.50% All
94) 1G Fiber Optic Transceivers 5.50% All
7) Group 7 - Software
95) Licensing Packages
(e.g. Microsoft)
4.00% All
96) Licensing Backup 4.00% All
97) Licensing Barcode/OC 4.00% All
98) Licensing Business Application 4.00% All
99) Licensing CAD/CAM 4.00% All
100) Licensing - Cloning 4.00% All
101) Licensing - Computer Services 4.00% All
102) Licensee - Database 4.00% All
103) Licensing - Development 4.00% All
104) Licensing - Entertainment 4.00% All
105) Licensing - Financial 4.00% All
106) Licensing - Flow Chart 4.00% All
107) Licensing - Graphic Design 4.00% All
108) Licensing - Handheld 4.00% All
EXHIBIT B
PRICING
109) Licensing - Network OS 4.00% All
110) Licensing - OS 4.00% All
111) Licensing - Personal Organization 4.00% All
112) Licensing - Presentation 4.00% All
113) Licensing - Reference 4.00% All
114) Licensing - Report Analysis 4.00% All
115) Licensing - Spreadsheet 4.00% All
116) Licensing - Utilities 4.00% All
117) Licensing - Warranties 4.00% All
118) Licensing - Web Development 4.00% All
119) Licensing - Word Processing 4.00% All
120) Software - Backup 4.00% All
121) Software - Barcode / OCR 4.00% All
122) Software - Business Application 4.00% All
123) Software - CAD/CAM 4.00% All
124) Software - Cloning 4.00% All
125) Software - Computer Services 4.00% All
126) Software - Database 4.00% All
127) Software - Development 4.00% All
128) Software - Entertainment 4.00% All
129) Software - Financial 4.00% All
130) Software - Flow Chart 4.00% All
131) Software - Graphic Design 4.00% All
132) Software - Handheld 4.00% All
133) Software - OS 4.00% All
134) Software - Personal Organization 4.00% All
135) Software - Presentation 4.00% All
136) Software - Reference 4.00% All
137) Software - Report Analysis 4.00% All
138) Software - Spreadsheet 4.00% All
139) Software - Utilities 4.00% All
140) Software - Warranties 4.00% All
141) Software - Web Development 4.00% All
142) Software - Word Processing 4.00% All
8) Group 8 - Media Supplies
143) Media - 4mm tape 5.50% All
144) Media - AIT tape 5.50% All
145) Media - DAT tape 5.50% All
146) Media - DLT tape 5.50% All
EXHIBIT B
PRICING
147) Media LTO / Ultrium tape drive 5.50% All
148) Media - Magneto - Optical 5.50% All
149) Media - Optical 5.50% All
150) Media - SLR tape 5.50% All
151) Media - Travan tape 5.50% All
152) Media - VXA tape 5.50% All
153) Media - zip 5.50% All
9) Group 9 - Collaboration &
IP Telephony
154) IP phones 4.25% All
155) Video conferencing products 4.25% All
156) Voice gateways / servers 4.25% All
157) Headsets 4.25% All
158) Audio conferencing products 4.25% All
159) Analog phones 4.25% All
160) Accessories 4.25% All
10) Group 10 - Other
161) Advanced Integration 3.00% All
162) Asset Disposal 3.00% All
163) Asset Management 3.00% All
164) Cables 15.00% All
165) Cables - custom 15.00% All
166) Cables - printer 15.00% All
167) Complex warranties 3.00% All
168) Desktop Accessories 6.75% All
169) Display Accessories 3.50% All
170) Electronic Services 3.00% All
171) Handheld Accessories 6.75% All
172) Imaging Accessories 6.75% All
173) Imaging - Camcorders 3.50% All
174) Imaging - Digital Cameras 3.50% All
175) Internal Lab Service 3.00% All
176) Lab fees 3.00% All
177) Managed Services 3.00% All
178) Miscellaneous solutions 3.00% All
179) Mounting hardware for vehicles 2.50% All
180) Networking Warranties 3.50% All
181) Notebook Accessories 2.50% All
182) Notebook Batteries 5.00% All
183) PC Lab order services 3.00% All
184) POS Accessories 4.25% All
EXHIBIT B
PRICING
185) POS Displays 4.25% All
186) Power Accessories 5.00% All
187) Power Surge Protection 5.00% All
188) Power UPS 5.00% All
189) Server Accessories 4.00% All
190) Service Charge 2.00% All
191) System Components 13.00% All
192) Training Courses 3.00% All
193) Training Reference Manuals 3.00% All
194) Warranties - Electronic 3.00% All
195) iPAD / Tablet Stylus 6.75% All
196) Mouse / Wrist Pads 6.75% All
197) Security Locks and Hardware 6.75% All
198) Tools 6.75% All
199) Document Scanner Accessories 3.00% All
200) Flatbed Scanners 3.00% All
201) Mobile Scanners 3.00% All
202) Network Scanners 3.00% All
203) Sheet fed Scanners 3.00% All
204) Wide Format Scanners 3.00% All
205) Workgroup / Department
Scanner
3.00% All
206) Build to Order Desktops 2.10% All
207) Nettop 3.00% All
208) Point of Sale 4.25% All
209) Ultra Small Form Factor 2.10% All
210) Apple / Mac Memory Upgrades 13.00% All
211) Chips / SIMMs/SIPPs / ROMs 13.00% All
212) Computer Cases 13.00% All
213) CPUs / Fans 13.00% All
214) Memory Accessories 13.00% All
215) Motherboards / Chassis 13.00% All
216) 1 - 2 port Serial Boards 13.00% All
217) 3+ port Serial Boards 13.00% All
218) Console Server 4.00% All
219) Device Server 4.00% All
220) Terminal Server 4.00% All
221) Content Management 4.00% All
222) Firewall / VPN Appliances 5.50% All
EXHIBIT B
PRICING
223) Multifunction Security
Appliances
5.50% All
224) Network Camera Accessories 5.50% All
225) Network Cameras 5.50% All
226) Physical/Environmental Security 5.50% All
227) Security Appliance Accessories 5.50% All
228) Security Tokens 5.50% All
229) Unified Threat Management 5.50% All
230) 2-way Radios / Walkie Talkies 6.75% All
231) Apple Notebooks 2.50% All
232) Convertible PCs / Slate PCs /
iPAD
2.25% All
233) iPAD 2.25% All
234) Slate Tablet Computers 2.25% All
235) GPS / PDA 6.75% All
236) Wireless Communication Devices 2.50% All
237) Batteries 5.00% All
238) Power Supplies / Adapters 5.00% All
239) Rackmountain Equipment 5.00% All
240) Remote Power Management 5.00% All
241) Surge Suppressors 5.00% All
242) UPS / Battery Backup 5.00% All
243) 14" & smaller LCD Display 3.50% All
244) 15-19" LCD Display 3.50% All
245) 15-19" Wide LCD Display 3.50% All
246) 15-19" Wide LED Display 3.50% All
247) 20-30" LCD Display 3.50% All
248) 20-30" Wide LCD Display 3.50% All
249) 20-30" Wide LED Display 3.50% All
250) PCoIP and Zero Client Displays 3.50% All
251) Arm Mounts 3.50% All
252) Ceiling Mounts 3.50% All
253) Combo Mounts 3.50% All
254) Desktop Stands / Risers 3.50% All
255) Flat Wall Mounts 3.50% All
256) Mount Accessories 3.50% All
257) Pole Display 4.25% All
258) Stands / Carts / Feet 3.50% All
259) Tilt Wall Mounts 3.50% All
EXHIBIT B
PRICING
Windows Based Terminals 3.00%
Data Storage / Drives 5.50%
Enterprise Storage 5.00%
Point of Sale/Data Capture 4.25%
Servers & Server Management 4.00%
Services (CDW Delivered) 0.00%
Notebook/Mobile Devices 2.50%
Notebook Computers 2.10%
Notebook Accessories 2.50%
Wireless Communication Devices 2.50%
Convertible PCs/Slate PCs/iPAD 2.25%
Chromebooks 0.00%
Netcomm Products 5.50%
Gigabit Switch 6.00%
Modular Switch Chassis 6.00%
Modular Switches 5.50%
Carts and Furniture 5.00%
Printing & Document Scanning 3.00%
Services (3rd Party Delivered) 0.00%
Warranties-Product Protection 3.50%
Software 4.00%
Collaboration Hardware 4.25%
Memory/System Components 13.00%
Video-Projection-Pro Audio 3.50%
Cables 15.00%
CDW Configuration Services 5.00%
Apple Products for Eligible Entities .50%
CDW•G will work with Manufacturers and the City or Participating Agencies, as applicable, post award to ensure they are aware of and participating in special manufacturer programs.
CDW•G Account Managers will work with the City or Participating Agencies, as applicable, post award to determine if large orders qualify to receive additional discounts. These discounts are dependent on order size, delivery schedule and will be negotiated with Manufacturers.
As Apple's largest Corporate Channel Partner in the U.S., CDW•G has negotiated to offer Apple Products to Eligible Government and Educational Entities at the discount listed above and in the pricing table in this Exhibit B.
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in su ch event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.
6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adop ted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug -free workplace for all Contractor perso nnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace.
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MESA STANDARD TERMS AND CONDITIONS
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verif y such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23 -214(A) (hereinafter “Contractor Immigration Warranty”).
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immi gration Warranty. Contractor agrees to assist the City in regard to any such inspections.
iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or s ubcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. § 23-214 (A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants t hat it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Sectio n 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35 -392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including fed eral, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agr eement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City.
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of Services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39 -121 et. seq.) and that any documents related to this Agreement may be su bject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process.
a. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential.
b. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addit ion, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. Notwithstanding the foregoing, any Agreement audits must be pursuant to a signed Confidentiality Agreement agreed to by both parties which will be subject to applicable law, including the Arizona Public Records law. Contractor is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The audit must be conducted during regular busin ess hours at a mutually agreeable time and location, and upon reasonable advanced notice of records to be audited.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who woul d perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is requi red; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default if that party:
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City’s Procurement Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the t ermination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense o f Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection aga inst the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses inc urred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rig hts at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to p erform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice.
20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement w ithin three (3) years after its execution, without penalty or
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to mee t its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide writt en notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up t o the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or j udgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) misconduct by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with this Agreement. However, notwithstanding the prior sentence, a ny claim shall not be an indemnified claim if such claim or damage was caused in whole by the actions of the City, its employees, agents, contractors or representatives.
b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence o f the City that is not covered by this indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or Services.
d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS
AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY CONTRACTOR,
THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of Exhibit A . Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner, as stated below.
a. Manufacturer’s Warranty. The City understands that the Contractor is not the manufacturer of the products purchased by the City hereunder and the only materials (product) warranties offered are those of the manufacturer, not the Contractor or its affiliates unless the manufacturer is the Contractor or its affiliates . THE CONTRACTOR AND ITS AFFILIATES
HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY.
b. Services Warranty. City's sole and exclusive remedy with respect to a warranty on the Services provided by Contractor will be, at the sole option of Contractor, to either: (a) use its reasonable commercial efforts to reperform any services not in substantial compliance with this warranty, or (b) refund amounts paid by City related to the portion of the services not in substantial compliance; provided, in each case, City notifies Contractor in writing within five (5) business days after performance of the applicable Services. City shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption during the performance of services and for any necessary reconstruction thereof.
c. Third Party Services Warranty. In connection with the products (materials), certain services, such as extended warranty service by manufacturers, are sold by the Contractor as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party will be the party responsible for providing the services to the City and the City will look to the third party for any loss, claims or damages arising from or related to the provision of such Third- Party Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by the Contractor will be collected solely in the capacity as an independent sales agent.
26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requireme nts, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
28. OWNERSHIP.
a. Except as it pertains to the Wor k Product in Subsection (b) below, a ll deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. b. City's rights to Work Product (meaning deliverables to be provided or created individually or jointly in connection with the services, not materials, provided by Contractor , including but not limited to, all inventions, discoveries, methods, processes, for mulae, ideas, concepts, techniques, know -how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information, whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights, or discovered in the course of performance of this Agreement that are embodied in such work or materials) will be, upon payment in full, a non -transferable, non-exclusive, royalty-free license to use such Work Product solely for City's internal use. City obtains no ownership or other property rights thereto. City agrees that Contractor may incorporate intellectual property created by third parties into the Work Product and that City’s right to use such Work Prod uct may be subject to the rights of, and limited by agreements with, such third parties
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and persona lly participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from discl osing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of Contractor’s goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right (collectively “Claim”) and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any Claim, or pay any settlement of such Claim. Each party agrees to notify the other promptly of any ma tters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its sole option and its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; ( c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount w ill be calculated on a useful life not less than five (5) years based on a five (5) year straight line amortized basis. The forgoing provisions in this Section state the entire liability of Contractor and the sole and exclusive remedy of the City with resp ect to any Claim. Contractor shall have no liability or obligation to the City to the extent any Claim is based upon: (i) any combination of anything provided by Contractor with other software, hardware or other materials not authorized by Contractor or manufacturer; or (ii) any addition to, or modification of, anything provided by Contractor made after delivery to the City by any person other than Contractor.
36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/o r an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be neg otiated and determined by the contract administrator(s).
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyo nd one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses . Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via email or facsimile.
If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier , email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwith standing such invalidity or unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligatio ns that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contr actor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable.
CONTRACT AMENDMENT
Rev. July 2017
Contract Title: Information Technology Solutions
Contract Number: 2018011 MA Number: 19000009
Amendment Number: Two (2)
Description of Change: Contract renewal. Term of contract March 1, 2023 through February 28, 2025.
Effective Date of Change: March 1, 2023
Acceptance: On behalf of the undersigned Contractor, I have given careful consideration to this Contract Amendment and hereby agree to the change(s) and except that as amended herein, all provisions of the Contract remain in full force and effect.
CDW Government LLC: City of Mesa:
Signature Signature
Printed Name City Manager Designee
______________________________________
Date Date
Reviewed by:
Ted Stallings, Procurement Officer II
5REHUW).LUE\3UHVLGHQW
Signature
05/25/2022
Ted Stallings,
Procu
Digitally signed by Edward
Quedens
DN: cn=Edward Quedens, o=Ctiy of
Mesa, Arizona, ou=Business
Services,
[email protected],
c=US
Date: 2022.05.26 06:07:49 -07'00'
Adobe Acrobat version:
2022.001.20117
5/29/24 08:52 MST
5/29/24 09:04 MST
5/29/24 09:23 MST
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.26.260 REGARDING COOPERATIVE PURCHASING AND
AUTHORIZING THE CITY TO PIGGBACK ONTO THE NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA) TECHNICAL SOLUTIONS CONTRACT #2018011 WITH CDWG LLC TO PURCHASE ENTERPRISE STORAGE
SYSTEM HARDWARE, SOFTWARE, AND RELATED SERVICES FOR AN AMOUNT NOT- TO-EXCEED $314,101.94.
WHEREAS, the Enterprise Storage System (ESS) storage array repositories host application server platforms running the City’s essential information systems applications (email, financials, intranet, city records management, permitting, GIS, law enforcement records management and report writing, legal case management, computer aided dispatch, etc.), is approaching end of life and needs to be upgraded; and
WHEREAS, the City of National City has an opportunity to piggyback onto the NIPA contract #2018011 with CDWG LLC to procure ESS information technology hardware, software and related services; and
WHEREAS, Section 2.26.260 of the Natio nal City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement proc edures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that NIPA contract #218011 with CDWG LLC was competitively bid through a Request for Proposals (RFP) process, and that the NIPA procurement procedures are in substantial compliance with those of National City; and
WHEREAS, the City desires to purchase Enterprise Storage System, hardware , software and related services from CDWG LLC per quote attached to the Agenda Report as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto NIPA contract #2018011 with CDWG LLC for the purchase of Enterprise Storage System, hardware, software and related services in a not-to- exceed amount of $314,101.94.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
First Amendment to the Agreement with Neri Landscape Architecture for On-Call Consulting Services for the City’s Capital Improvement Program (CIP)
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Neri Landscape Architecture to Extend the Agreement by One-Year to September 6, 2025.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019.
The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e - mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Informati on Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline.
On September 7, 2021, City Council adopted Resolution No. 2021-119 approving an Agreement with Neri Landscape Architecture to provide on -call support services for National City’s Capital Improvement Program (CIP), including but not limited to, landscape architecture (including urban planning and design) based on the strength of their SOQ, interview, and past performance. The original Agreement was for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions.
Based on the consultant’s performance and quality of work, increased staffing demands, and to ensure timely completion of capital projects, staff recommends executing a First Amendment to extend the Agreement with Neri Landscape Architecture by one year to September 6, 2025 with no change to the amount of the agreement . As of September 2024, expenditures and encumbrances under the agreement total $652,084.
FINANCIAL STATEMENT:
Funding appropriated through CIP process.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – First Amendment
Exhibit B – Resolution
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,
AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT
WITH NERI LANDSCAPE ARCHITECTURE TO EXTEND THE AGREEMENT BY O NE-YEAR TO SEPTEMBER 6, 2025.
WHEREAS, the Engineering & Public Works Department advertised a Request for Qualifications (“RFQ”) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance ser vices on May 1, 2019; and
WHEREAS, on September 7, 2021, the City of National City (“City”) entered into an agreement (the “ Agreement”) with Neri Landscape Architecture to provide on -call support services for the City’s Capital Improvement Program ( “CIP”) including , but not limited to, landscape architecture (including urban planning and design) for a not -to-exceed amount of $2,000,000, with an initial term of three (3) years, with the option to extend for up to two (2) one- year extensions; and
WHEREAS, based on the ir performance and quality of work, expiring Agreement, increased staffing demands, and to ensure timely completion of CIPs, staff recommends approval of a First Amendment to extend the Agreement with Neri Landscape Architecture by one (1) year to September 6, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute a First Amendment to the agreement with Neri Landscape Architecture to extend the agreement by one year to September 6, 2025.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Community Development
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
First Amendment to the Housing Consultant Agreement with Keyser Marston Associates, Inc.
RECOMMENDATION:
Adopt the Resolution Entitled, "Resolution of the Board of the Community Development Commission-Housing Authority of the City of National City, California, Authorizing the Executive Director to Execute the First Amendment to the Consultant Agreement with Keyser Marston Associates, Inc. to Increase the Not-To-Exceed to $455,000, and Authorize the Establishment of an Appropriation in the Amount of $425,000 in the Housing Authority Fund with a Corresponding Revenue Budget Based on Housing Acceleration Program (“HAP”) 2.0 Grant Funds.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
City Council Resolution 2023-111
CDC Resolution 2024-93
EXPLANATION:
Background | The Community Development Commission -Housing Authority of the City of National City (“CDC -HA”) released a request for qualifications (“RFQ ”) for on -call consulting services related to affordable and market -rate housing developments, transaction structur ing, financing sources, and policy development and evaluation on May 2, 2024. The CDC-HA received four responses, each specializing in different disciplines. The RFQs were evaluated, and CDC - HA entered into a consultant agreement (“Agreement”) with Keyser Marston Associates, Inc. (KMA) for a not-to-exceed amount of $100,000 on June 18, 2024 through CDC Resolution 2024-
93. Thirty-thousand dollars ($30,000) of the agreement was expended on housing consultant services.
HAP 2.0 Grant Funds | On August 3, 2023, staff submitted the Housing Acceleration Program
2.0 (“HAP 2.0”) grant application to SANDAG to conduct site assessments on City -owned land for homeownership development (“Project”). A Notice of Intent to Award by SANDAG was provided to the City of Nation al City (“City”) in late 2023. Due to the proposed fiscal year 2024 - 2025 California State Budget reductions, a letter from SANDAG executive staff on 2/14/2024 notified the City that there may be a reduction in the HAP 2.0 grant funding and that the program was paused until further notice. In July 2024, SANDAG notified the City that it would receive the full grant award of $450,000, $25,000 of which to cover staff costs. A Notice to Proceed with the use of grant funds was provided in August 2024. The grant funds were previously accepted through City Council Resolution 2023-111.
KMA Amendment No. 1 | The proposed First Amendment to the KMA Agreement covers the cost of the increased scope of services from the original contract amount of $100,000, of which
$30,000 was expended by adding the HAP 2.0 grant funding of $425,000 to a new total not-to- exceed amount of $455,000. KMA’s proposed scope of services for the grant funds includes a homeownership program assessment, individual site assessments, market assessm ents, and feasibility analyses. The HAP 2.0 Project will ultimately function as a tool to help prepare and release a Request for Proposals for homeownership development on City -owned property collectively known as “Own National City.” Pending City Council approval, the results of the study will be released early next year.
FINANCIAL STATEMENT:
The First Amendment will increase the agreement with KMA by $425,000 based on the HAP 2.0 grant. Budget adjustments will be made in the Housing Authority Fund as follows:
Revenue account: 501-50-51-51600-3463- Other State Grants: $425,000 Expenditure account: 501-50-51-51600-7213- Professional Services: $425,000
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – KMA Agreement Amendment No. 1
Exhibit B - Resolution
RESOLUTION NO. 2024-
RESOLUTION OF THE BOARD OF THE COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTANT AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. TO INCREASE THE NOT-TO-EXCEED TO $455,000 AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $425,000 IN THE HOUSING AUTHORITY FUND WITH
A CORRESPONDING REVENUE BUDGET BASED ON HOUSING ACCELERATION PROGRAM (“HAP”) 2.0 GRANT FUNDS
WHEREAS, the Community Development Commission -Housing Authority of the City of National City (CDC-HA) released a request for qualifications (RFQ) for on-call consulting services related to affordable and market -rate housing developments, transaction structuring, financing sources, and policy development and evaluation on May 2, 2024; and
WHEREAS, staff identified Keyser Marston Associates, Inc. (KMA), a multi-disciplined real estate and economic consulting firm, as qualified by experience and ability to perform the services listed in the RFQ; and
WHEREAS, the CDC-HA entered into a consultant agreement (“Agreement”) with KMA on June 18, 2024 through CDC Resolution 2024-93 for a not-to-exceed amount of $100,000; and
WHEREAS, the City received the full HAP 2.0 grant award of $450,000, $25,000 of which cover staff costs; and
WHEREAS, the CDC-HA desires to amend the KMA Agreement to increase the not-to- exceed amount of the existing Agreement to $455,000 due to acceptance of the HAP 2.0 grant funding.
NOW, THERE FORE, THE BOARD OF THE COMMUNITY DEVELOPMENT COMMISSION–HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The CDC -HA hereby authorizes the Executive Director or his designee to execute the First Amendment to the Agreement with Keyser Marston Associates, Inc., to increase the not-to-exceed amount to $455,000, and authorize the establishment of an appropriation in the amount of $425,000 in the Housing Authority Fund with a corresponding revenue budget based on HAP 2.0 grant funds.
Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Housing Authority
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Kimball Highland Project Public Access Easement for Pedestrian and Vehicular Access
RECOMMENDATION:
Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Public Access Easement for Pedestrian and Vehicular Access Agreement by and Between the City of National City, D Avenue Housing Associates, L.P., and Kimball Tower Housing Associates L.P.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Introduction
The Kimball Highland Master Plan Project (“Project”) consists of 145 units of affordable housing and a new Kimball Senior Center, San Ysidro Health PACE Center and Health Clinic. This Project is intended to provide walkability an d improve connectivity for the entire community to Kimball Park, adjacent neighborhoods, commercial spaces, and the public transportation corridor along Highland Avenue accessing businesses and restaurants.
A public paseo for pedestrians and vehicles was included in the Project in the form of a public access easement to provide better pedestrian and vehicular access to “E” Street, the new San Ysidro Health Clinic at the east end of Kimball Way, Kimball Park, new Kimball Senior Center and other neighborhood amenities. The Public Access Easement for Pedestrian and Vehicular Access Agreement (Exhibit “A”) describes the section of land and parties involved.
Agreement
D Avenue Housing Associates, L.P. (“D Avenue Housing”) and Kimball Tower Housing Associates, L.P. (“Kimball Housing”) propose to grant to the City of National City (“City”) a non - exclusive easement for the purpose of pedestrian and vehicular ingress to, egress from, and access thereto and other incidental uses over the portion of the p roperty as described in Public Access Easement For Pedestrian and Vehicular Access Agreement (“Agreement”) Exhibits “C” and “D,” respectively (collectively, the “Easement”). This Easement will begin upon a fully executed Agreement and run-in perpetuity unless terminated by D Avenue Housing , Kimball Housing, and City in writing.
D Avenue Housing desires to offer to City a dedication of a non -exclusive public easement for pedestrian and vehicular access and other incidental uses in the strip of land sketch shown in the Agreement Exhibit “C.”
Kimball Housing desires to offer to City a dedication of a non -exclusive public easement for pedestrian and vehicular access and other incidental uses in the strip of land sketch shown in the Agreement Exhibit “D.”
D Avenue Housing will maintain, at D Avenue Housing’s expense, the Easement. D Avenue Housing shall be responsible for the maintenance of the sidewalk, any planting, railing, lighting installations, or other types of roadside development for the benefit of or control of pedestrian and vehicular traffic, such as guide and regulatory signs, and removal of graffiti and debris.
Background
D Avenue Housing is the owner of a leasehold interest in certain real property more described in the Agreement Exhibit “A.” The Community Development Commission–Housing Authority of the City of National City (“CDC -HA”) is the owner of the fee interest in the land underlying the D Avenue Housing Property.
Kimball Housing is the owner of a leasehold interest of certain real property described in the Agreement Exhibit “B”. CDC-HA is the owner of the fee interest in the land underlying the Kimball Housing Property.
FINANCIAL STATEMENT:
There is no fiscal impact associated with this agenda item.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Agreement
Exhibit B – Resolution
RECORDED REQUESTED BY:
City of National City
1243 National City Boulevard
National City, CA 91950
Attention: City Manager
AND WHEN RECORDED, RETURN TO:
City of National City
1243 National City Boulevard
National City, CA 91950
Attention: City Manager
APN: [560-410-05 & 06]
PUBLIC ACCESS EASEMENT
FOR
PEDESTRIAN AND VEHICULAR ACCESS
THIS PUBLIC ACCESS EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS (this "Easement") is made this __ day of _ _____ , 2024 ("Effective Date"), by and among THE CITY OF NATIONAL CITY ("City"), D Avenue Housing Associates, L.P., a California limited partnership ("D Avenue Housing"), and Kimball Tower Housing Associates, L.P., a California limited partnership ("Kimball Housing") WITNESS ETH:
WHEREAS, D A venue Housing is the owner of a leasehold interest of certain real property more particularly described on Exhibit A attached hereto ("D Avenue Housing Property").
Community Development Commission- Housing Authority of the City of National City ("CDC HA") is the owner of the fee interest in the land underlying the D Avenue Housing Property.
WHEREAS, Kimball Housing is the owner of a leasehold interest of certain real prope1iy more patiicularly described on Exhibit B attached hereto ("Kimball Housing Property"). CDC HA is the owner of the fee interest in the land underlying the Kimbal Housing Property.
WHEREAS, D A venue Housing desires to offer to City a dedication of a non-exclusive public easement for pedestrian and vehicular access and other incidental uses upon the following described property:
The strip of land as shown on the sketch "PEDESTRIAN AND VEHICULAR ACCESS EASEMENT" attached hereto as Exhibit C and made a part hereof.
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of National City and described as follows:
Lot 6 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978.
APN: 560-410-06-00
APN: 560-410-06-00
(End of Legal Description)
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY ;
THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP.
EXHIBIT B
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego and described as follows:
Lot 2 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978.
APN: 560-410-05-00
(End of Legal Description)
THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON.
FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR
INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP.
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC ACCESS EASEMENT FOR
PEDESTRIAN AND VEHICULAR ACCESS AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, D AVENUE HOUSING ASSOCIATES, L.P., AND KIMBALL TOWER HOUSING ASSOCIATES, L.P.
WHEREAS, the Kimball Highland Master Plan Project (“Project”) consists of 145 units of affordable housing and a new Kimball Senior Center, San Ysidro Health PACE Center and Health Clinic; and
WHEREAS, the Project is intended to provide walkability and improve connectivity for the entire community to Kimball Park, adjacent neighborhoods, commercial spaces, and the public transportation corridor along Highland Avenue accessing businesses and restaurants; and
WHEREAS, a public paseo for pedestrians and vehicles was included in the Project in the form of a public access easement; and
WHEREAS, the Public Access Easement for Pedestrian and Vehicular Access Agreement describes the section of land and parties involved; and
WHEREAS, D Avenue Housing Associates, L.P. (“D Avenue Housing”) is the owner of a leasehold interest of certain real property located at APN: 560 -410-06-00 known as “D Avenue Housing Property,” which the Community Development Commission-Housing Authority of the City of National City (“CDC-HA”) is the owner of the fee interest in the underlying land; and
WHEREAS, Kimball Tower Housing Associates, L.P. (“Kimball Housing”) is the owner of a leasehold interest of ce rtain real property located at APN: 560 -410-05-00 known as “Kimball Housing Property,” which the CDC-HA is the owner of the fee interest in the underlying land; and
WHEREAS, D Avenue Housing and Kimball Housing desires to offer to the City of National City (“City”) a dedication of a non-exclusive public easement for pedestrian and vehicular access and other incidental uses, as set forth in Exhibit A of the Public Access Easement for Pedestrian and Vehicular Access Agreement (“Agreement”); and
WHEREAS, the Easement will begin when the Agreement is fully executed and recorded; and
WHEREAS, the Agreement will remain in perpetuity unless terminated by D Avenue Housing, Kimball Housing, and City in writing; and
WHEREAS, D Avenue Housing will be responsible for maintaining the sidewalk, any planting, railing, lighting installations, or other types of roadside development for the benefit of or control of pedestrian and vehicular traffic; and
WHEREAS, there is no financial impact on the City.
NOW, THEREFOR E, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council hereby a uthorizes the City Manager or his designee to execute the Public Access Easement for Pedestrian an d Vehicular Access Agreement by and between the City of National City, D Avenue Housing Associates, and Kimball Tower Housing Associates, attached to the Agenda Report as Exhibit A.
Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Housing Authority
Prepared by: Angelita Palma, Community Development Housing Manager Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Kimball Senior Center Lease with D Avenue Housing Associates, L.P.
RECOMMENDATION:
Adopt the Resolution Entitled, "Resolution of the City of National City, California, Authorizing the City Manager to Execute a Commercial Lease By and Between the City of National City (“Tenant”) and D Avenue Housing Associates, a California Limited Partnership (“Landlord”) for the Kimball Senior Center Facility for 65 Years at a Rent Equal to $1.00 Per Year.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable
EXPLANATION:
Background
A Disposition and Development Agreement (“DDA”) by and among the Community Development Commission–Housing Authority of the City of National City (“CDC -HA”) and Community HousingWorks (D Avenue Housing Associates, L.P.) for the Kimball Highland Master Plan was executed on October 20, 2020, per Resolution 2020 -77. Phase two of the DDA included the construction of a fully furnished and equipped turnkey operational Senior Center to be used by the City.
Terms of the Lease
The “Senior Center Lease” is defined as a commercial lease by and between the “Landlord” (D Avenue Housing Associates, L.P.) and “Tenant” (City) relating to the new Kimball Senior Center.
The Kimball Senior Center will have a triple net lease for a term of 65 years at a rent equal to $1.00 per year.
This “Triple Net Lease” requires the Tenant to pay its own utilities, janitorial, trash removal, repairs, maintenance, and other operating expenses directly relating to the use of the premises in addition to rent. The Tenant will not be required to pay any security deposit to the Landlord.
The Landlord will repair and maintain the common areas and sidewalks. Common areas are defined as all areas, space, equipment , and special services provided by Landlord within the ground floor of the Building for the common or joint use and benefit of the tenants, their employees, agents, servants, suppliers, customers , and other invitees, including, by way of illustration, but n ot limitation, landscaped areas, curbs, sidewalks, restrooms, lobbies, floor corridor hallways, patios, parking facilities, plenums above the ceiling on all floors and all other areas outside the Building.
Description of the New Kimball Senior Center
Approximately 7,700 square foot space located on the first floor of the attached affordable housing project constructed by D Avenue Housing Associates, L.P., including a large community room, restrooms, kitchen, reception area, offices, classrooms, mailbox, t rash enclosure, and storage space. A total of 19 designated parking spaces are provided, including 4 staff parking spaces, 3 ADA-compliant parking spaces, 16 visitor parking spaces, and 1 drop-off area.
The Kimball Senior Center will be used to provide s enior services and for education, exercise, and wellness-related uses for seniors.
FINANCIAL STATEMENT:
The City of National City will lease the Senior Center facility at a rate of $1.00 per year for 65 years.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is , therefore not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B - Resolution
Senior Center
1221 D Avenue
National City, CA 91950
LEASE
THIS LEASE (“Lease”) is dated as of the _____ day of October, 2024, by and between D AVENUE HOUSING ASSOCIATES, L.P., a California limited partnership (“Landlord”), and THE CITY OF NATIONAL CITY (“Tenant”).
1. Definitions.
“Building” means the building commonly known as the Kimball Highland West at 1221 D Avenue, National City, California.
“Building Rules and Regulations” means the rules and regulations which may hereafter be adopted by Landlord for the care, protection, cleanliness, and operation of the Premises, Building, Building and Common Areas, and any reasonable modifications or additions to such rules and regulations adopted by Landlord so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. Notwithstanding the foregoing, Landlord and Tenant agree that the terms and conditions of this Lease shall control the rights and responsibilities of the parties and shall supersede any and all provisions of the Building Rules and Regulations which may now or in the future conflict with the terms and conditions of this Lease. Landlord shall not be responsible to Tenant for failure of any other tenant or occupant of the Building to observe or comply with any of the Building Rules and Regulations. The term “Building Rules and Regulations” shall be deemed to include the rules and regulations set forth in Exhibit B hereto and any and all reasonable amendments made by Landlord to the Building Rules and Regulations after the date of this Lease as may be required by applicable law or Landlord’s financing sources or as Landlord may deem desirable, in Landlord’s reasonable discretion, for the proper and efficient operation and maintenance of the Building so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. “Commencement Date” means the day that is the 14th calendar days after the Building received its Certificate of Occupancy.
“Common Areas ” means all areas, space, equipment and special services provided by Landlord within the ground floor of the Building for the common or joint use and benefit of the tenants, their employees, agents, servants, suppliers, customers and other invitees, including, by way of illustration, but not limitation, landscaped areas, curbs, sidewalks, restrooms, lobbies, floor corridor hallways, patios, parking facilities, plenums above the ceiling on all floors and all other areas outside the Building.
“Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term “Hazardous Materials” shall not include
2 substances typically used in the ordinary course of operating and maintaining nutrition centers in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws “Landlord” means D Avenue Housing Associates, L.P., a California limited partnership. “Premises” means the approximately 7,700 square foot Senior Center, located on the first floor of the Building, depicted on Exhibit A attached hereto, including a community room, restrooms, office space, reception area, kitchen, storage space, mailbox, trash enclosure, 4 staff parking spaces, 3 ADA compliant parking spaces, 16 visitor parking spaces and 1 designated drop off area.
“Rent” shall have the meaning ascribed to it in Section 4(a) of this Lease. “Tenant” means the City of National City.
“Term” shall have that meaning ascribed to it in Section 3(a) of this Lease.
2. Lease of the Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises. Tenant hereby agrees and acknowledges that Tenant is leasing the Premises “as-is” from Landlord. Without limiting the generality of the foregoing, Tenant shall be solely responsible for determining the condition of the Premises. Landlord shall have no obligation to improve the Premises.
3. Term and Contingencies.
(a) Term. Unless sooner terminated pursuant to the terms of this Lease, the term of this Lease shall commence on the Commencement Date and terminate on the 65 th anniversary of the Commencement Date (“Term”), except as otherwise provided in Section 3(b), below. (b) Termination by Tenant. Tenant may terminate this Lease, subject to the terms hereof, by providing Landlord written notice at lease ninety (90) days prior to the date of termination.
4. Rent.
(a) Rent. The Rent shall be $1.00 per year. The first year’s Rent shall be payable concurrently with the Tenant’s execution and delivery of this Lease to the Landlord. Thereafter, Tenant agrees to pay Rent to Landlord on March 15 in each and every year during the Term. All Rent may be paid by check and delivered personally or by first class mail to Landlord. (b) Utilities. Tenant shall be responsible for payment of all separately metered utilities for the Premises, if any.
(c) No Security Deposit. Tenant shall not be required to pay any security deposit to Landlord.
3 (d) Triple Net Lease. This Lease is a “Triple Net Lease” pursuant to which Tenant shall pay (in addition to Rent) its own utilities, janitorial, trash removal, repairs, maintenance, and other operating expenses directly relating to the use of the Premises (“Premises Costs”).
5. Alterations.
(a) By Landlord. Landlord may install fixtures, make alterations or other changes to the Building which Landlord determines in its sole and absolute discretion are necessary or desirable without notice to or consent of the Tenant so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. Tenant shall cooperate with Landlord if Landlord elects to make alterations or other changes to the Premises.
(b) By Tenant. Tenant may make alterations or other changes to the Premises with Landlord’s prior written consent which shall not be unreasonably delayed or withheld. Any alterations, improvements or additions shall be constructed without cost to Landlord in a good, workmanlike and defect-free manner by licensed contractors with experience in construction of tenant improvements, in commercial properties similar to the Building. Any and all additions, alterations and improvements which are made or caused to be made by Tenant, before or during the Term, shall be made at Tenant’s sole expense in accordance with the following: (i) if Landlord requires, such work, including, without limitation, Tenant’s final working drawings, plans and specifications shall be subject to the continuing approval of Landlord, which approval shall not be unreasonably withheld, unless and to the extent such work constitutes emergency repairs necessary for the continued operation of Tenant’s business or for life safety reasons; (ii) such work shall not alter, add to or otherwise change the exterior of the Premises, without the written consent of Landlord; (iii) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb other tenants or guests of Landlord Tenant shall apply for and obtain, any and all permits or licenses required by applicable governmental authorities necessary or desirable for Tenant to construct and install the same. Notwithstanding anything to the contrary contained herein, in no event shall Landlord be responsible for repair of or liability to Tenant for any defects in any alterations, improvements or additions to the Premises. Tenant shall give Landlord thirty (30) days advance notice before beginning any work on alterations to permit Landlord to file a Notice of Non-Responsibility and take any other actions in advance of commencement of any alterations.
(c) Lien Free Construction. All alterations, improvements and additions shall be constructed free and clear of mechanics’ and materialmen’s liens; provided that if any such lien is filed, Tenant shall remove and discharge the same within ten (10) business days of written notice from the Landlord. Time is of the essence. Failure to timely remove the lien shall constitute a “Material Default” under the terms of this Lease. Notwithstanding the foregoing, Tenant may contest the mechanics’ and/or materialmens’ liens in good faith, at Tenant’s own expense, by appropriate proceedings, provided Tenant posts a bond or furnishes such other security as may be required by law to prevent any foreclosure proceedings against the Building, or any part thereof, during the pendency of such contest and removes such lien or stays enforcement thereof. If Tenant shall fail to discharge such lien within such period or fail to furnish such security, then, subject to