Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 22, 2023 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Public Employee Performance Evaluation (§54957) Title: City Manager WEDNESDAY March 22, 2023 6:30 P.M.
MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”.
The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above) but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe
PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)
PRESENTATIONS
Employee Introduction: Tim Brown, Parking Enforcement Officer Proclamation: Women’s History Month
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda
1. Action Minutes March 8, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – February 2023
Recommended Action: Receive and file the report
3. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report
4. Consideration of a Status Update on the Grove and Gracie Commons Tentative Map Status
Recommended Action: Receive and file the status update
5. Consideration to Authorize a Purchase Order in an Amount Not-To-Exceed $177,375 with Robinson Enterprises as a Part of On-Call Emergency Services Contract for Winter Storm Debris Removal
Recommended Action: Award of Professional Services Contract with Robinson Enterprises and approve the purchase order
6. Consideration of Award of a Professional Services Contract with Siteline Architecture in an Amount Not-to-Exceed $63,825; Authorize a Contingency of 10%, Not-to-Exceed $6,400; and Authorize the City Manager to Sign the Contract Recommended Action: Award of Professional Services Contract with Siteline Architecture, authorize the contingency, and authorize the City Manager to sign the contract
7. Consideration of Award of Contract and Authorization to Purchase a Mini Excavator from Holt of California in an Amount Not-to-Exceed $103,824 and Authorize the City Manager to Execute the Contract and any Related Documents Recommended Action: Award the Contract and authorize the City Manager to execute related documents
8. Consideration of a Final Authorization to Implement Community Choice Aggregation in Nevada City through the City’s Participation in the Pioneer Community Energy JPA; Authorize the City Manager to Execute the Authorization; and Approve Resolution 2023-11: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2022-63 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023 to Appoint Councilmember Petersen to the Pioneer Community Energy JPA Board Recommended Action: Approve final authorization of the City’s participation in the Pioneer Community Energy JPA, authorize the City Manager to execute the authorization, and approve the resolution appointing the a councilmember to the Board
9. Consideration of Public Announcement of Future Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy Recommended Action: Receive and file.
10. Second Reading and Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management, Defensible Space, Burning and Fireworks Regulations Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
11. Consideration of a Public Notification of High Turbidity for the City’s Public Water System
Recommended Action: Conduct a public hearing accepting questions and comments from the community and then receive and file the notification
BUSINESS
12. Consideration of Adoption of the City Fraud Policy
Recommended Action: Adopt the Policy
13. Consideration of Adoption of Resolution 2023-10: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the BrewBilt Outdoor Dining / Beer Garden Area Located at 300 Spring Street, Nevada City
Recommended Action: Adopt Resolution 2023-10, for the payment of in-lieu parking fees for the expanded business at 300 Spring Street
14. Consideration of the Appointment of a Council/Community Committee to Review and Make Recommended Revisions to the City’s Mission and Vision Statements Recommended Action: Appoint the selected Council committee for review of the City’s mission and vision statements
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the March 22, 2023, Regular Meeting of the Nevada City City Council was posted March 17, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed March 17, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 22, 2023 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Public Employee Performance Evaluation (§54957) Title: City Manager WEDNESDAY March 22, 2023 6:30 P.M.
MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”.
The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above) but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe
PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)
PRESENTATIONS
Employee Introduction: Tim Brown, Parking Enforcement Officer Proclamation: Women’s History Month
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda
1. Action Minutes March 8, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – February 2023
Recommended Action: Receive and file the report
3. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report
4. Consideration of a Status Update on the Grove and Gracie Commons Tentative Map Status
Recommended Action: Receive and file the status update
5. Consideration to Authorize a Purchase Order in an Amount Not-To-Exceed $177,375 with Robinson Enterprises as a Part of On-Call Emergency Services Contract for Winter Storm Debris Removal
Recommended Action: Award of Professional Services Contract with Robinson Enterprises and approve the purchase order
6. Consideration of Award of a Professional Services Contract with Siteline Architecture in an Amount Not-to-Exceed $63,825; Authorize a Contingency of 10%, Not-to-Exceed $6,400; and Authorize the City Manager to Sign the Contract Recommended Action: Award of Professional Services Contract with Siteline Architecture, authorize the contingency, and authorize the City Manager to sign the contract
7. Consideration of Award of Contract and Authorization to Purchase a Mini Excavator from Holt of California in an Amount Not-to-Exceed $103,824 and Authorize the City Manager to Execute the Contract and any Related Documents Recommended Action: Award the Contract and authorize the City Manager to execute related documents
8. Consideration of a Final Authorization to Implement Community Choice Aggregation in Nevada City through the City’s Participation in the Pioneer Community Energy JPA; Authorize the City Manager to Execute the Authorization; and Approve Resolution 2023-11: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2022-63 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023 to Appoint Councilmember Petersen to the Pioneer Community Energy JPA Board Recommended Action: Approve final authorization of the City’s participation in the Pioneer Community Energy JPA, authorize the City Manager to execute the authorization, and approve the resolution appointing the a councilmember to the Board
9. Consideration of Public Announcement of Future Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy Recommended Action: Receive and file.
10. Second Reading and Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management, Defensible Space, Burning and Fireworks Regulations Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
11. Consideration of a Public Notification of High Turbidity for the City’s Public Water System
Recommended Action: Conduct a public hearing accepting questions and comments from the community and then receive and file the notification
BUSINESS
12. Consideration of Adoption of the City Fraud Policy
Recommended Action: Adopt the Policy
13. Consideration of Adoption of Resolution 2023-10: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the BrewBilt Outdoor Dining / Beer Garden Area Located at 300 Spring Street, Nevada City
Recommended Action: Adopt Resolution 2023-10, for the payment of in-lieu parking fees for the expanded business at 300 Spring Street
14. Consideration of the Appointment of a Council/Community Committee to Review and Make Recommended Revisions to the City’s Mission and Vision Statements Recommended Action: Appoint the selected Council committee for review of the City’s mission and vision statements
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the March 22, 2023, Regular Meeting of the Nevada City City Council was posted March 17, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed March 17, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
PROCLAMATION
Women’s History Month 2023
WHEREAS, the month of March was selected as Women’s History Month to coincide with the United Nations’ sponsorship of International Women’s Day, which occurred on March 8th in 2023, as a time to commemorate women’s rights and peace; and
WHEREAS, women of every race, class, ethnicity, sexual orientation, gender identity, and ability have made historic contributions to the growth and strength of our City, state, and nation in countless recorded and unrecorded ways; and
WHEREAS, women have influenced and advanced every facet of American life and culture. The strength, ingenuity, and spirit of our female leaders, innovators, and pioneers shape our Nation's character, government, industry, families, and communities; and
WHEREAS, women have significantly influenced public policy and contributed to the building of viable institutions and organizations that continue to support our communities today and the knowledge, skills, and abilities of women contribute to a more robust workforce and a more prosperous economy; and WHEREAS, women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, emancipation movement, industrial labor movement, civil rights movement, peace movement, and more that aim to create a more fair and just society for all; and
WHEREAS, in remembering the trailblazers of the past and the heroines of present day, we honor their legacies by carrying forward the valuable lessons learned from the powerful examples they set; and WHEREAS, we recognize the countless accomplishments of local women within our community who teach our children, care for our sick, serve in our military, start businesses, serve in elected positions, or venture into unknown frontiers. Generations of women have had to overcome obstacles put in the way of their achievement and we reaffirm our commitment to supporting the next generation of female trailblazers and dreamers as they carry forward this distinguished legacy; and NOW, THEREFORE, BE IT RESOLVED hat the City Council of the City of Nevada City hereby proclaims the month of March 2023 as Women's History Month, and hereby encourages its residents to learn more about the rich and diverse history of women through available programs, reading, ceremonies, and educational activities.
Dated this 22nd day of March 2023
______________________________________
Doug Fleming, Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MARCH 8, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
REGULAR MEETING – 6:30 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Vice Mayor Fernàndez, Council Members Petersen, Kline, and Ceci
Absent: Mayor Fleming
ADOPTION OF THE AGENDA:
Action: Motion by Petersen, seconded by Ceci to adopt the Agenda for March 8, 2023 Meeting (Approved 4-0) Fernàndez, Petersen, Kline, and Ceci
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
PRESENTATIONS
City Partner Introduction: Sierra Fund
CONSENT ITEMS:
1. Action Minutes February 22, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – February 2023
Recommended Action: Receive and file the report
3. Police Activity Report February 2023
Recommended Action: Receive and file the report
4. Building Activity Report February 2023
Recommended Action: Receive and file the report
5. Consideration of Resolution No. 2023-09: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-02 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the February 24, 2023, Winter Storm
2 Recommended Action: Adopt the resolution
6. Second Reading and Consideration of Adoption of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type Recommended Action: Hold second reading and adopt the ordinance Action: Motion by Kline, Seconded by Petersen to approve items 1-6 on Consent (Approved 4-0) Fernàndez, Petersen, Kline, and Ceci
PUBLIC HEARING
7. Conduct a Public Hearing in Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management, Defensible Space, Burning and Fireworks Regulations
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 22, 2023 Action: Motion by Ceci, Seconded by Kline to Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 22, 2023 (Approved 4-0) Fernàndez, Petersen, Kline, and Ceci
BUSINESS
8. Consideration of the Assembly Bill 481 Annual Military Equipment Use Report and Review of Ordinance 2022-05 Adopting a Military Equipment Policy for Nevada City Recommended Action: Receive a presentation then review the report and approve the continued use of the equipment without change
Action: Motion by Petersen, Seconded by Kline to Receive a presentation then review the report and approve the continued use of the equipment without change. (Approved 4-0) Fernàndez, Petersen, Kline, and Ceci
9. Consideration of the 2022 Housing Element Progress Report Recommended Action: Receive and file and authorize the transmittal of the report to the Department of Housing and Community Development
Action: Motion by Kline, Seconded by Ceci to authorize transmittal of the report to the Department of Housing and Community Development.
(Approved 4-0) Fernàndez, Petersen, Kline, and Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:55 PM
AYES:
NOES:
ABSTAIN:
3 ABSENT:
____________________________
Daniela Fernandez, Vice-Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 02
Subject: Fire Activity Report – February 2023
From: Sam Goodspeed, Division Chief
Date: March 15, 2023
Reviewed & Approved: STG
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Outside Unit Responses to Nevada City
Station 5 Incident Type Summary Report
Station 5 Response by District
City of Nevada City Incident Type Report
Basic Incident Date Time:
Basic Incident Zone/District Number (Fd1.32):
Apparatus Resource Id (Fd18.1):
Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): Batt 8
2 73 37
Total: 2 Total: 73
Avg: 36.50
Apparatus Resource ID (FD18.1): Chief 5401
1 96 96
Total: 1 Total: 96
Avg: 96.00
Apparatus Resource ID (FD18.1): Engine 84
14 304 22
Total: 14 Total: 304
Avg: 21.71
Apparatus Resource ID (FD18.1): Engine 86
2 65 33
Total: 2 Total: 65
Avg: 32.50
Apparatus Resource ID (FD18.1): Engine 88
2 39 20
Total: 2 Total: 39
Avg: 19.50
Apparatus Resource ID (FD18.1): Engine2352
3 76 25
Total: 3 Total: 76
Avg: 25.33
Apparatus Resource ID (FD18.1): Rescue 84
30 597 20
Total: 30 Total: 597
Avg: 19.90
Total: 54 Total: 1,250
Avg: 35.92
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 03/14/2023 08:12:14 AM
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total
Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 0.84% 50,000.00 5,000.00 55,000.00 100.00% 114 - Chimney or flue fire, confined to
chimney or flue
1 0.84%
Total: 2 Total: 1.68% Total:
50,000.00
Total:
5,000.00
Total:
55,000.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 1 0.84%
321 - EMS call, excluding vehicle
accident with injury
45 37.82%
322 - Motor vehicle accident with injuries 1 0.84%
324 - Motor vehicle accident with no
injuries.
2 1.68%
381 - Rescue or EMS standby 1 0.84%
Total: 50 Total: 42.02% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 3 2.52%
444 - Power line down 3 2.52%
445 - Arcing, shorted electrical
equipment
3 2.52%
461 - Building or structure weakened or
collapsed
1 0.84%
Total: 10 Total: 8.40% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
1 0.84%
553 - Public service 2 1.68%
554 - Assist invalid 4 3.36%
561 - Unauthorized burning 1 0.84%
Total: 8 Total: 6.72% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 24 20.17%
6111 - Holding in Quarters 1 0.84%
622 - No incident found on arrival at
dispatch address
8 6.72%
631 - Authorized controlled burning 1 0.84%
Total: 34 Total: 28.57% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 711 - Municipal alarm system, malicious
false alarm
1 0.84%
734 - Heat detector activation due to
malfunction
2 1.68%
735 - Alarm system sounded due to
malfunction
3 2.52%
743 - Smoke detector activation, no fire -
unintentional
4 3.36%
744 - Detector activation, no fire -
unintentional
1 0.84%
745 - Alarm system activation, no fire -
unintentional
2 1.68%
Total: 13 Total: 10.92% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 8 - Severe Weather & Natural Disaster 815 - Severe weather or natural disaster
standby
2 1.68%
Total: 2 Total: 1.68% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 119 Total: 100.00% Total:
50,000.00
Total:
5,000.00
Total:
55,000.00
Total: 100.00%
1 of 2 Printed On: 03/14/2023 08:03:57 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
2 of 2 Printed On: 03/14/2023 08:03:57 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 5 1 - Station 1 - City 3
2 - Station 2 - City 26
5 - Station 5 - City 50
NCC 54 8
NCC 84 12
NCC 86 5
NCC 87 10
Ophir Hill 5
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 03/14/2023 08:03:57 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total
Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 1.47% 50,000.00 5,000.00 55,000.00 100.00% Total: 1 Total: 1.47% Total:
50,000.00
Total:
5,000.00
Total:
55,000.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle
accident with injury
38 55.88%
322 - Motor vehicle accident with injuries 1 1.47%
324 - Motor vehicle accident with no
injuries.
1 1.47%
381 - Rescue or EMS standby 1 1.47%
Total: 41 Total: 60.29% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 2 2.94%
440 - Electrical wiring/equipment
problem, other
1 1.47%
445 - Arcing, shorted electrical
equipment
1 1.47%
461 - Building or structure weakened or
collapsed
1 1.47%
Total: 5 Total: 7.35% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
1 1.47%
553 - Public service 1 1.47%
554 - Assist invalid 4 5.88%
Total: 6 Total: 8.82% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 7 10.29%
622 - No incident found on arrival at
dispatch address
4 5.88%
Total: 11 Total: 16.18% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
1 1.47%
743 - Smoke detector activation, no fire -
unintentional
3 4.41%
Total: 4 Total: 5.88% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 68 Total: 100.00% Total:
50,000.00
Total:
5,000.00
Total:
55,000.00
Total: 100.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 03/14/2023 08:03:47 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 03
Subject: Business Development Fee Waiver Program Activity Report February 2023
From: Sean Grayson, City Manager
Date: March 13, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022, Regular City Council meeting, the City Council approved the Business Development and Sustainability Fee Waiver Program that was requested through City Council process and the development of the City’s Strategic Plan. The program purpose is to assist Nevada City businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business as well as to incentivize new businesses within Nevada City. The program went into effect on October 27, 2022 and ends June 30, 2023. The program was limited to the first $40,000 in approved fee waivers. At the January 25, 2023, meeting the City Council authorized an increase in the program to $100,000 total. Businesses are limited a maximum of $2000 in fee waivers. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
As of March 13, 2023, the City has approved 105 business applicants for the fee waiver program. $8,275 has been used by businesses to date. 22 new businesses have acquired business licenses with the City under the program.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City Council has authorized a maximum amount of $100,000 for the program.
STRATEGIC PLAN ALIGNMENT:
The Business Development and Sustainability Fee Waiver Program was created consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support. The program specifically addresses, in part, goal #8 of the initiative, “Work with businesses to actively curate the eclectic mix of uniquely Nevada City businesses within the community and actively seek to recruit and retain businesses from outside the City.”
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
None.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 04
Subject: Consideration of a Status Update on the Grove and Gracie Commons Tentative Map Status
From: Amy Wolfson, City Planner
Date: March 15, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the status update.
ISSUE STATEMENT AND DISCUSSION:
At the January 11, 2023 meeting, councilmembers requested that staff return with a status update on two subdivision projects, both of which have been tentatively approved. Gracie Commons was originally approved in 2009. The Grove was originally approved in May 2017, and re-approved in June 2021 after the initial tentative map approval expired.
Gracie Commons: Gracie Commons is a tentative final map involving 16 units housed in 12 buildings Glenn Christ, owner of the Gracie Commons property at 400 Gracie Road, and the tentative map applicant responded to staff’s request for a status update with an email indicating his intension to begin site improvements this Spring/Summer. The Gracie Commons tentative map is currently set to expire on August 24, 2024.
The Grove: The Grove is a 59-lot tentative final map, including 32 clustered townhouse units, 12 clustered single-family units, and 15 single-family lots for custom builds. Robert Upton, property owner and tentative map applicant, responded with the attached letter. Upton responded that the delay has had to do with the challenge of finding a home builder to take on the project, citing high construction costs particularly with the sewer lift station required to serve the project, and the topography challenge which increases costs. The Grove is currently set to expire June 9, 2023. The owner may file for up to a two-year extension of time pursuant to 16.04.380 of the City Municipal Code.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Both projects were approved with Mitigated Negative Declarations pursuant to the California Environmental Quality Act. (CEQA) and include incorporated Mitigation Measures.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Email from Glenn Christ (Gracie Commons)
Letter from Robert Upton (The Grove)
From: Glenn Christ <[email protected]>
Sent: Tuesday, January 24, 2023 9:14 AM
To: Amy Wolfson <[email protected]>
Subject: Re: Gracie Commons Status Update
Good morning Amy,
Hope all is well with you also.
As I believe I said last August, any serious site work would not begin until this coming spring-summer. It would have been a very bad idea to have opened up the sloped site late last fall only to then have the torrential rains we experienced over the last couple of months and may still have going into the spring.
The additional complications surrounding my health remain but I remain positive that I can pick up my work load again in the near future.
Best regards,
Glenn Christ
On Jan 23, 2023, at 11:46 AM, Amy Wolfson <[email protected]> wrote:
Hi Glenn,
Happy new year and I hope all is well. The City Council has asked me to provide them an update on this project at their February 22nd meeting. Can you let me know if there has been any progress on this project since they granted the tentative map extension last August. If you can get back to me with an update in the next couple of weeks, I would appreciate it.
Amy Wolfson
City Planner
(530) 265-2496 x130
PO Box 1613, Glen Ellen, Ca 95442 phone 415 298 8633
[email protected]
March 1, 2023
Mayor Doug Fleming ,
City of Nevada City
317 Broad Street
Nevada City, Ca 95959
The Grove Residential Site
Nevada City Tech Center
Dear Mayor Fleming and Members of Nevada City City Council, City Planner Amy Wolfson has requested that I provide you with an update on our residential project, The Grove at Nevada City Tech Center, which I am happy to do in this letter.
The Tentative Map for the Grove was approved by the City as a 59 lot subdivision in June 2021. We have completed Improvement Plans and a draft Final Map and with some minor additional work to these documents the project is ready to move forward.
We are not home builders and has always been our plan to secure these approvals and find a builder to complete the project. This has proved to more difficult than we anticipated.
The Grove is part of the Nevada City Tech Center commercial project but with separate access from the extension to Providence Mine Road which is a public street that runs down to Deer Creek. There is currently a locked gate at the top to control vehicular traffic, this would be removed.
The approved plan is in two parts. A first phase of larger lots generally utilizing an existing graded bench running above Providence Mine Road. These would most likely be custom lots to be sold to owner builders or builders of one or two homes. The second phase of 44 ‘clustered lots’ uses the same access from Providence Mine Road to the south of the first phase. It has a loop road accessing 12 single family and 32 townhome lots.
The site has many positive features:
- It is walkable to employment in the Tech Center.
- It is walkable to two schools.
- It is walkable to Seven Hills Business District.
- It is walkable to downtown
- It has access to the trail system and Deer Creek.
- It is in Nevada City.
- It has all City services and good cell and internet connectivity. - It has a great feel of being rural and in the trees yet with above advantages.
PO Box 1613, Glen Ellen, Ca 95442 phone 415 298 8633
[email protected]
The challenges we have had in finding the right group to build out the project include:
- The project has two distinct product types, the 15 ‘custom’ lots and 44 ‘clustered’ lots. Most builders focus on one product or the other, relatively few will take on both.
- Construction costs generally have risen dramatically particularly in the last three years. This is particularly true of the sitework and infrastructure costs that we are currently reevaluating and which have probably doubled. - One particular cost item is the sewer lift station needed to pump the sewer up through the commercial lots so it can gravity down to the City treatment plant. - The topography although not extreme by Nevada County standards is challenging (costly) for a project of this type.
- The project is too large for most local builders. It is therefore necessary to bring in a builder who is prepared to handle the logistics and who may see Nevada City as a secondary market.
- Although sales prices have increased significantly they have not increased enough to offset the increase in construction prices.
We are currently exploring some different approaches to the project that we hope will help us address these issues. The market for commercial land is very difficult and we do nto see the opportunity for further office buildings in the near future. We are pursuing other more creative possibilities which if successful would make the residential opportunity more attractive. In particular you are aware that we are one of the short listed sites for the relocated Courthouse and if we are successful this would have a huge benefit not only to us but to the entire Seven Hills business District.
I hope this information is helpful to you and I am happy to respond to any further questions you may have.
Sincerely,
Robert Upton
For Nevada City Tech Center
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 05
Subject: Consideration to Authorize a Purchase Order in an Amount Not-To-Exceed $177,375 with Robinson Enterprises as a Part of On-Call Emergency Services Contract for Winter Storm Debris Removal
From: Bryan McAlister, City Engineer
Date: March 15, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Approve the purchase order.
ISSUE STATEMENT AND DISCUSSION:
At the January 11, 2023, Regular City Council meeting the Council adopted Resolution No. 2023-03: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023- 01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 27, 2022, Winter Storms. This resolution was adopted due to the significant impacts of the winter storms which included a large number of fallen trees and limbs damaging infrastructure, blocking city streets and sidewalks, and creating safety hazards; the City’s water and wastewater treatment facilities operated intermittently on generator power and experienced an inundation of debris and rocks causing operations impacts and damage to infrastructure; and power, phone, and internet, were lost throughout multiple locations in the region and within the city limits. The resolution and initial damage estimates were transmitted to both the Nevada County Office of Emergency Services and the California Office of Emergency Services (CalOES).
Debris Removal in ongoing, being performed by City staff during and after the storm and by local contractors in accordance with the contracts for On-Call Emergency Services for Debris Removal at Various Locations awarded by City Council on January 12, 2022. The On-Call contracts include equipment rates (still applicable for 2023) and prevailing wage labor rates set by the State Department of Industrial Relations for the various work classifications. City staff identified several hazardous which need to be removed to avoid further damage to facilities and public infrastructure.
Robinson Enterprises who is under contract for the above referenced On-Call Emergency Services provided the attached quote for removal of these hazardous trees including chipping and off haul for disposal. Staff recommends that this work be authorized as a part of the On-Call Emergency Service contract for Debris Removal.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Funding for FEMA-4683DR-CA Winter Storm disaster is provided by FEMA Federal cost share of 75% of eligible costs, State cost-share under the California Disaster Assistance Act (CDAA) of 75% of the nonfederal share (this equates to 18.75%) and a local share of 6.25% by the City of Nevada City. Funding is provided on a reimbursement basis.
STRATEGIC PLAN ALIGNMENT:
This action, engineering analysis, is consistent with the embedded strategic initiative of Infrastructure:
Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Quote from Robinson Enterprises for Winter Storm FEMA-4683DR-CA hazardous tree removal
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 06
Subject: Consideration of Award of a Professional Services Contract with Siteline Architecture in an Amount Not-toExceed $63,825; Authorize a Contingency of 10%, Not-toExceed $6,400; and Authorize the City Manager to Sign the Contract.
From: Bryan McAlister, City Engineer
Date: March 7, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award of Professional Services Contract with Siteline Architecture, authorize the contingency, and authorize the City Manager to sign the contract.
ISSUE STATEMENT AND DISCUSSION:
A winter storm December 28th thru 30th, 2021 lashed the City with record snow that knocked out power, shut down major roads and freeways, and caused debris, among other hazards. A building at the City Corp Yard (described as Barn Building) fully collapsed, crushing storage materials (piping, signage, barricades and special event equipment) and a city vehicle. A claim was filed with the City’s insurance provider, CIRA. City staff has been working with the insurance company and a local architect, Siteline Architecture, to assess damages and process the claim with the necessary documents for building replacement.
The City intends to rebuild the structure at roughly the same size and configuration as the original. The building will be reconstructed to current building code requirements as required. The barn will have a loading dock and large open storage area and additional covered storage at the upper and lower level of the building. Siding will be water-resistant board/batten to match other buildings at the Public Works Yard.
Roofing will be new corrugated metal. Salvaged materials (useable lumber and corrugated metal) from the original barn building will be used for shelving and storage areas in the building.
Schematic plans for the building replacement were prepared by Siteline Architecture and reviewed by the City’s Planning Commission at the December meeting. At the request of City staff, Siteline Archiecture prepared a comprehensive scope of work and contract proposal for construction documents which includes the various subconsultants needed for final design and permits. This includes architectural, structural, mechanical, electrical, energy calculations and code analysis. Civil design (grading, sitework, utilities and retaining walls) will be provided by City staff at no cost to the project.
City staff recommends that the contract be awarded to Siteline Architecture, a local architect who prepared the schematic plans for the project. The contract also includes the scope/fee for subconsultants as required.
Upon approval by the City Council, the City Manager will negotiate with the consultant for the final scope of work and cost and will execute a contract in the amount not to exceed $63,825.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Barn building replacement project will be funded using FY 21/22 General Fund for Buildings and Grounds for the deductible portion of the insurance claim, and insurance is expected to cover the remaining costs.
STRATEGIC PLAN ALIGNMENT:
This action, engineering analysis, is consistent with the embedded strategic initiative of Infrastructure:
Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None, for purposes of this engineering analysis.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Professional Services Contract for Preparation of Construction Documents Schematic Plans for the Barn Building Replacement
ver 4‐13‐18
PROFESSIONAL SERVICES CONTRACT
CITY OF NEVADA CITY
THIS AGREEMENT is made and entered into this ___ day of ______ by and between the CITY OF NEVADA CITY, hereinafter referred to as "City" and Siteline Architecture hereinafter referred to as "Consultant".
RECITALS:
WHEREAS, City desires to retain a Consultant to provide the following services:
See attached Scope of Work (Exhibit “A”) for Preparation of Construction Documents WHEREAS, Consultant warrants that it is qualified and agreeable to render the aforesaid services.
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City,the parties agree to the following:
1. SCOPE OF SERVICES: Consultant agrees to provide all of the services described in Exhibit "A" attached hereto and by this reference made a part hereof.
A. Consultant agrees to furnish all labor, materials, equipment, services, and other means necessary to perform and complete in a good and workmanlike manner, those certain improvements as called for, and in the manner designated in Exhibit “A”.
2. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this contract but have not been included in the scope of the services listed in Paragraph 1 above and Consultant agrees to perform said services upon the written request of City. These additional services could include,but are not limited to,any of the following:
A. Work requested by the City in connection with any other matter or any item of work not specified herein;
B. Work resulting from substantial changes ordered by the City in the nature or extent of the project, and
3. PROJECT RECORDS: Consultant shall maintain project records and data in a format acceptable to City and State, and provide same to the City within thirty (30) days after the completion of the contract and prior to final payment.
4. CITY FURNISHED SERVICES: The City agrees to:
A. Guarantee access to and make provisions for the Consultant to enter upon public and private lands as required to perform their work.
B. Not withhold approval of final deliverables without substantial cause.
C. Make available all pertinent data and records for review. ver 4‐13‐18
D. Provide general bid and contract forms and special provisions format when needed.
5. FEES: Payment for the services provided under this Agreement shall be based on a unit price basis at rates set forth in Exhibit "C", for a Fixed Price, Not to Exceed Amount of $63,825 (Sixty Three Thousand Eight Hundred Twenty Five Dollars. The City agrees to pay and the Consultant agrees to accept, in full payment for the work above agreed to be done, the payment for all work described herein subject to additions and deductions as provided in this contract.
6. PAYMENT:
Payment for services under this Contract shall be due each month within thirty (30) calendar days after receipt by City of an invoice covering the service(s) rendered to date.
With respect to any additional services provided under this Contract as specified in paragraph 2 hereof, Consultant shall not be paid unless Consultant has received written authorization from City for the additional services prior to incurring the costs associated therewith.
7. CONTRACT PERFORMANCE TIME: If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all required evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within one hundred and twenty eighty (120 180) calendar days after receiving written notice to proceed.
8. INSURANCE: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ver 4‐13‐18
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (for Professional Liability Coverage) If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors(or Subconsultants) maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. WORKER'S COMPENSATION: The Consultant acknowledges that it is aware of the provisions of the Labor Code of the State of California 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 it certifies that it will comply with such provisions before commencing the performance of the work of this Contract.
ver 4‐13‐18
10. PREVAILING WAGE AND APPRENTICES: Consultant acknowledges awareness of the provisions of the Code, in particular Labor Code Sections 1770 to 1780, inclusive, and Title 8 of the California Administrative Code Sections 200 et seq.; and shall comply with such provisions before commencing services required by this Contract to be performed by employees subject to these provisions.
Pursuant to SB 854, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The DIR registration number of each subcontractor and subconsultant must be identified and failure to identify this number could categorize your proposal as non-responsive. The City reports all public works contracts to the DIR within 5 days of the contract award date.
11. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.
12. SUBCONTRACTING: Consultant shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the City except for any subcontract work identified herein. Consultant shall require any such subcontractor to comply with all of the provisions of this contract except that Consultant may determine the need for subcontractor to carry errors and omissions insurance.
13. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Consultant and may not be transferred or assigned without the express prior written consent of the City.
14. LICENSING: The Consultant shall maintain the appropriate licenses throughout the life of this Contract.
15. BOOKS OF RECORD AND AUDIT PROVISION: Consultant shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and record shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract.
In addition, Consultant shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least three (3) years from the date of final payment and all other pending matters are closed for completion of this contract. Consultant will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Consultant who participated in this contract in any way. Any audit may be conducted on Consultant's premises or, at City's option, Consultant shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City.
16. TIME OF COMPLETION: The Consultant agrees to complete each phase of the work within the time schedules outlined within this Contract.
17. LIQUIDATED DAMAGES: Time is of the essence in the performance of the services by the Consultant.
In the event that the Consultant's work is not completed in an acceptable fashion by any of the dates established herein, the City may incur damages due to the delay.
18. DISPUTE RESOLUTION: Every effort will be made to resolve, in an equitable manner, any dispute arising between the City and Consultant concerning the terms of this agreement and subsequent Task Orders.
19. TITLE: It is understood that any and all documents, information and reports concerning this project prepared by and/or submitted to the Consultant, shall be the property of the City upon full payment of all monies due and owing to the Consultant in accordance with the terms of this Agreement. The Consultant ver 4‐13‐18
may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatever, Consultant shall promptly turn over all information, writing and documents to City without exception or reservation for their intended use only. Consultant is not responsible for any use of the documents for anything other than their original intended use.
20. TERMINATION:
A. If the Consultant fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the City may terminate this Contract by giving five (5) calendar days written notice to the party involved.
B. The Consultant shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Consultant has no control.
C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of Termination shall be by written notice to the other parties and be sent by registered mail.
D. In the event of termination not the fault of the Consultant, the Consultant shall be paid for services performed to the date of termination in accordance with the terms of this Contract.
21. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, the Consultant, and the agents and employees thereof, shall act in an independent capacity and as an independent Consultant and not as officers, employees or agents of the City.
22. AMENDMENT: This Contract may be amended or modified only by written agreement of all parties.
23. ASSIGNMENT OF PERSONNEL: The Consultant shall not substitute any personnel for those specifically named in Exhibit "B" unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.
24. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California.
25. INDEMNIFICATION:
(a Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant.
The provisions of this section do not apply to claims occurring as a result of City’s sole or active negligence.
The provisions of this section shall not release City from liability arising from gross negligence or willful acts ver 4‐13‐18
or omissions of City or any and all of its officials, employees and agents.
26. COMPLIANCE WITH APPLICABLE LAWS: The Consultant shall comply with any and all federal, state and local Laws affecting the services covered by this Contract.
27. NOTICES: Notices shall be given to City at the following location:
City of Nevada City
Attention: Bryan McAlister, City Engineer
317 Broad Street
Nevada City, CA 95959
Notices shall be given to Consultant at the following address:
Siteline Architecture
644 Zion Street, Suite A
Nevada City Ca 95959
28. STANDARD OF PRACTICE: The Consultant warrants that Consultant has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. Consultant's duty is to exercise such care skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
29. FINANCIAL DISCLOSURE STATEMENTS: If the scope of work of this contract is of such a nature, Consultant will follow the form and requirements of Government Code Sections 87100, et seq. in filing its financial disclosure statement.
30. COST DISCLOSURE: In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of its filed report the dollar amount of this contract and any related contracts and subcontracts relating to the preparation of the report resulting from this contract.
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date first above written APPROVED BY:
CITY OF NEVADA CITY:
_____________________________
City Manager
______________________
Deputy City Clerk
Siteline Architecture
(Signature)
Andrew J Pawlowski, Architect
(Printed Name and Title)
73-1649180
(Federal Tax I.D. #)
Attachments:
1. Exhibit A Scope of Services
2. Exhibit B Assignment of Personnel
3. Exhibit C Cost Proposal
ver 4‐13‐18
Exhibit A
CONSULTANTS
SCOPE OF SERVICES
Project Scope:
Construct a new storage building as shown in the drawings prepared by Siteline Architecture dated January 27, 2023.
Services:
Siteline Architecture (SA) will revise the floor plans, elevations, and building sections to coordinate with the forthcoming preliminary grading plan. SA will continue their coordination with city staff regarding shelving, equipment, and finishes.
SA will continue to refine the building’s code analysis (fire separations, exiting, disabled accessibility).
SA will coordinate with City Public Works and the geotechnical, civil, structural, mechanical, and electrical engineers.
SA will prepare:
Site Plan
Building code analysis/exiting plans
First Floor Plan
Mezzanine Floor Plan
Underfloor Storage Floor Plan
Equipment Plan
Door Schedule
Finish Schedule
Exterior Elevations
Exterior Finish and Color Schedule
First Floor Reflected Ceiling Plan
Mezzanine and Underfloor Storage Reflected Ceiling Plans Building sections
Exterior Detail Sheet(s) containing guard rails, finishes, flashings, column bases, guard posts, metal roofing details, chain link details.
Interior Detail sheet(s) containing partitions, stairs, guard rails, accessibility, signs Structural Calculations and Specifications
ver 4‐13‐18
Foundation and Framing Plans and Details
Shear Plans
Structural Sections
Building Electrical Power, Lighting and Photovoltaic design, schedules, and details Energy (Lighting) compliance calculations
Plumbing plan, schedules and details
Cover sheet with general notes, vicinity map, etc.
Specifications
SA will research manufacturer information for door hardware and the proposed gantry crane. SA will submit the drawings to City Planning and County Building departments for review. SA will respond to plan check comments (see note below) and resubmit the revised drawings.
Services/Expenses Not Included
Any drawings, documents, applications, revisions, meetings, or services not specifically listed above.
This proposal is based on responding to Building Department plan review comments authored by the Nevada County Building Department. If the County elects to rely on an independent third-party “outside” plans reviewer, this will generate a much lengthier list of plan review comments. SA reserves the right to present an amendment to the contract to the Owner to cover these additional services should this occur. “Book” format specifications. Bidding, Bid Support, Construction phase support, Construction Administration.
Construction Cost Estimating, Value Engineering.
Heating, Cooling, and/or mechanical ventilation plans and details. Site Lighting beyond building mounted fixtures. Communication/Phone/Data systems, Controls Design, Fire Alarm systems, Security systems, Lighting Control System design, Joint Trench Plans or underground utility detailing.
Fire Suppression systems.
Coordination with any Utility company to provide new or increased services. Permit or application fees.
ver 4‐13‐18
Utility incentive documentation, design of solar thermal systems for hot water, LEED documentation, ventilation hoods for specialized processes, compressor piping, lubricant piping, etc.
Life cycle cost analysis, energy effectiveness studies, designs for deductive or additive alternate bids, building management systems, maintenance or operating manuals, system commissioning. etc.
ver 4‐13‐18
Exhibit B
ASSIGNMENT OF PERSONNEL
Andrew J Pawlowski, Architect, LEEP AP, Siteline Architecture Chris Gage, Architect, LEED AP BD+C, Siteline Architecture Dave Hodder PE, SE, Principal, Linchpin Structural Engineering Juan Maya-Virrey, Project Engineer, Linchpin Structural Engineering Steve Wisniewski PE, CEM, Principal, Optimized Energy
Alex Batista, Principal/Production Manager, Optimized Energy Trevor Stavness, Project Manager, Optimized Energy
ver 4‐13‐18
Exhibit C
COST PROPOSAL
Exhibit C
Andrew
Pawlowski Chris Gage Chris Gage
Dave
Hodder
Juan MayaVirrey Steve Wisniewski Alex Batista Trevor Stavness Team Team Siteline
Architecture
Siteline
Architecture
Siteline
Architecture Linchpin Linchpin Optimized Optimized Optimized Optimized Optimized Architect
Project
Manager Drafter
Senior
Principal
Project
Enginer Principal
Principal/P
roduction
Manager
Project
Manager
Drafter/De
signer Clerical
$ 150 $ 115 $ 75 $ 210 $ 120 $ 175 $ 175 $ 150 $ 125 $ 80 1 Project Management & Coordination
#REF! #REF! #REF! 8 6 6 13 15 #REF! #REF!
2 Preparation of Construction Documents
23 99 141 8 80 2 25 6 384 $40,645
3 Response to Agency Comments
#REF! #REF! #REF! 2 8 2 8 #REF! #REF!
#REF! #REF! #REF! 18 94 8 15 23 25 6 #REF! #REF!
Direct Cost
A Printing $650
#REF!
Sub-total
Total
New Storage Building
City of Nevada City
Fee Proposal
Prepared by Siteline Architecture
# Task
Total
Hours Total Cost
sit
elinearchitecture
644ZionStreet
NevadaCityCA95959
530.478.9415-t
www.sitelinearch.com
©2023SitelineArchitectureAll rightsreserved.
CITYOFNEVADACITYSTORAGEBUILDING
255BOULDERSTREET,NEVADACITY,CA95959
1/27/23
PERSPECTIVEVIEWS
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23 CALIFORNIA
OF
ã SIERRA LAND SOLUTIONS, INC. 11003 BANDOLIER WAY NEVADA CITY, CA 95959 (530) 559-1326 Public Works Yard Topographic Survey
C1.1 NEVADA CITY
CONTOUR INTERVAL = 1.0'
VERTICAL DATUM IS ASSUMED BASED ON AS-BUILT SURVEY WITH BENCHMARK ELEVATION: 2573.09, AT CONTROL POINT NO. 2.
BASIS OF BEARINGS: IDENTICAL TO CITY AERIAL SURVEYS.
TOPOGRAPHIC FIELD SURVEY PERFORMED BY NEVADA CITY ENGINEERING, SITE
BOULDER ST
PARK AVE
DEER CREEK
(E) SHED
BASEMENT
STORAGE
COVERED
LOADING
N
0 10' 20' 40'
SITE PLAN
SCALE: 1" = 20'
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23
3 2'-0" 16'-0"
60'-0" 30'-0"
4 8'-0" 12'-0"
15'-0" 15'-0" 15'-0" 15'-0"
15'-0" 15'-0" 15'-0" 15'-0"
STEEL
COLUMNS
CONCRETE
RETAINING
WALLS, TYP
SLIDING CHAIN
LINK GATES
BELOW
SLAB ON
GRADE
BASEMENT
STORAGE
COVERED
LOADING
N
0 4' 8' 16'
BASEMENT FLOOR PLAN
SCALE: 1/8" = 1'-0"
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23
12'-0" 3
6'-0"
4 8'-0" 12'-0"
60'-0" 30'-0"
6 0'-0"
15'-0" 15'-0" 15'-0" 15'-0"
60'-0" 30'-0"
-8'-6"
-3'-6"
-3'-6"
CONCRETE SLAB
ON GRADE
UTILITY
SINK
MEZZANINE ABOVE
SAFETY /
EYEWASH
SAFETY
STRIPING
16'-0" LONG PIPE
STORAGE RACK
NON-MOTORIZED
OH GANTRY CRANE
ROOF OVERHANG ABOVE
SAFETY
STRIPING
GUARDRAIL
STEEL
COLUMNS
LOADING
DOCK
1% SLOPE
UP
LOADING
DOCK
DN
4 8'-0"
11'-6"
2'-0" 9'-0" 2'-0" 12'-0" 3'-0" 3'-0" 3'-0" 12'-0" 2'-0" 12'-0" 3
6'-0"
20'-0" 40'-0"
13'-4" 13'-1" 13'-1"
0"
0"
-2'
CONCRETE OVER
METAL DECK OVER
STORAGE BELOW
RETAINING WALL
AND GUARDRAIL
SLOPED ACCESS
(5% MAX SLOPE)
CONCRETE
APRON
MAIN
STORAGE
COVERED
LOADING
BELOW
UP
SLOPED ACCESS
(5% MAX SLOPE)
SLOPED WALK
DN
N
0 4' 8' 16'
MAIN FLOOR PLAN
SCALE: 1/8" = 1'-0"
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23
GANTRY
CRANE
OPEN TO
BELOW
OPEN TO
BELOW
MEZZANINE
DN
N
0 4' 8' 16'
MEZZANINE FLOOR PLAN
SCALE: 1/8" = 1'-0"
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23
3 7'-8
5 /
8"±
BOARD & BATTEN
SIDING TO MATCH (E)
ON-SITE BUILDING
LOUVER
STANDING SEAM
METAL ROOF
CONCRETE FOUNDATION
COVERED
LOADING
10 12
3 12
3 12
STANDING SEAM
METAL ROOF
STEEL COLUMN
AND BRACE
SLIDING CHAIN
LINK GATES
NORTH
WEST
ELEVATIONS
SCALE: 1/8" = 1'-0"
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23
CONCRETE RETAINING
WALL
BOARD & BATTEN
SIDING TO MATCH (E)
ON-SITE BUILDING
STANDING SEAM
METAL ROOF
LOUVER
STEEL COLUMNS
10 12
3 12
3 12
COVERED
LOADING
PHOTOVOLTAIC
PANEL ARRAY
SOUTH
EAST
ELEVATIONS
SCALE: 1/8" = 1'-0"
siteline architecture
644 Zion Street
Nevada City CA 95959
530.478.9415 - t
www.sitelinearch.com © 2023 Siteline Architecture All rights reserved.
CITY OF NEVADA CITY STORAGE BUILDING
255 BOULDER STREET, NEVADA CITY, CA 95959
1/27/23
-1 BASEMENT
-8'-6"
1 MAIN
±0"
2 MEZZANINE
+10'-6"
9'-6"
8'-6" 10'-6"
12'-0"
13'-3"
MAIN
STORAGE
MEZZANINE
BASEMENT
STORAGE
COVERED
LOADING
1 MAIN
±0"
2 MEZZANINE
+10'-6"
10'-6"
3'-6"
MAIN
STORAGE
MEZZANINE
LOADING
SECTIONS
SCALE: 1/8" = 1'-0"
SECTION E-W
SECTION N-S
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 07
Subject: Consideration of Award of Contract and
Authorization to Purchase a Mini Excavator from Holt of California in an Amount Not-to-Exceed $103,824 and
Authorize the City Manager to Execute the Contract and any Related Documents.
From: Bryan McAlister, City Engineer
Date: March 13, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award the Contract and authorize the City Manager to execute related documents.
ISSUE STATEMENT AND DISCUSSION:
On February 22, 2023 the City Council approved appropriations in the amount of $110,000 during the midyear budget approval for the purchase of a mini excavator tractor for use by Public Works.
City Public Works staff solicited quotations/proposals for a Mini Excavator. The Mini Excavator will be used by Public Works staff for maintenance and rehabilitation projects of city streets, water, sewer and storm drain. Mini excavators are compact and able to fit into work sites where space is limited. The new excavator will also be available for necessary repairs on an emergency basis which will help minimize the cost of hiring outside contractors or renting equipment. City staff compared various equipment manufacturers and determined that Caterpillar Mini Excavator provides the best value based on price, maintenance and operators. The local vendor for Caterpillar in the Northern California region is Holt of California who offers retail sales, warranty and maintenance services.
The City of Nevada City is a member of Sourcewell which provides combined buying power of 50,000 government, education, and nonprofit organizations using ready-to-use, competitively solicited contracts.
The appropriate excavator supplier was selected using Sourcewell Cooperative Purchasing contracts.
Sourcewell issued a Request for Proposal through the National Joint Powers Alliance, a contract award for the RFP was made to Caterpillar and a subsequent contract extension was made. The use of Sourcewell and their RFP process is consistent with the City’s purchasing ordinance and process.
The delivery estimate for the mini excavator is four months from issuance of a purchase contract with an anticipated in-service date of August 2023.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Mini Excavator procurement will be funded using appropriations in the fiscal year 2022/2023 budget for Streets, Buildings and Grounds, Water Distribution and Wastewater Collection.
STRATEGIC PLAN ALIGNMENT:
This action, engineering analysis, is consistent with the embedded strategic initiative of Infrastructure:
Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None, for purposes of this engineering analysis.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Proposals for Mini Excavator
Sourcewell RFP for Excavators
Sourcewell Proposal Opening Record and Contract with Caterpillar TO: Amador County DATE: FEB. 27, 2023
ATTN : Laura Frost
We are pleased to be able to provide you with the following information on the KOBELCO SK55SRX-7. This quotation is valid for ___15____days from today’s date. (Quotations with specific serial numbers are subject to prior sale.) ENGINE: Yanmar Tier IV Final 4TNV88-C-PYBd 37.4 SAE HP @ 2400 RPM WORKING RANGES: Arm Length 5’7”, Bucket Digging Force 6,992 lbs, Arm Crowding Force 5420 lbs., Ground Level Reach 20’, Maximum Digging Depth 12’9”, Dumping Height 14’4”, Vertical Wall Digging Depth 10’3”, Digging Depth @ 8’ Flat Bottom 11’5”
List Price: $97,755.00
Quotation Price: $85,725.00
KOBELCO WARRANTY IS 3 YEARS OR 3,000 HOURS WHICHEVER FIRST Prices are quoted without sales tax and are F.O.B. Livermore. Thank you for the opportunity to quote this machine to you.
TRI-WEST TRACTOR, INC
6281 South Front Road, Livermore, Ca 94550-9709 925/455-8200 FAX 925/455-8220 Model: KOBELCO SK55SRX-7
NEW UNIT
Yanmar, 4TNV88-C-PYBD 4 cycle, 3 cylinder, water cooled direct injection diesel engine w/overhead valves (37.4 SAE HP @ 2400RPM ) DPF to achieve TIER IV FINAL COMPLIANT Short Radius Tail Swing.
ROPS/FOPS: four post canopy design with seat belt – Optional EROPS Cab with Heat & Air Swing Boom – Left 70 degree / Right 59 degree
INDR – Integrated Noise and Dust Reduction System – clean air intake - low noise exhaust Energy Conservation Mode – reduces Fuel Consumption up to 25% Sealed and lubricated track rollers. Track tension adjustment (grease type.) Integrated Flow Pump System – 3rd pump ( Dozer- Swing Pump) increases flow to boom and arm when required Fully hydrostatic drive system – 2 axial piston motors with Two Speed Travel 1.5 to 2.8 MPH One touch engine deceleration.
Multi-Function Color Display includes: engine oil pressure, water temperature lamp, air filter lamp, water separator detection lamp, low fuel warning lamp, battery charge lamp, glow plug indicator lamp, water temperature gauge, fuel gauge, hour meter.
Hydraulic dozer blade - Optional Angle dozer
Bi-Directional Aux. Hydraulics with 6 Presets
Hand Control Pattern Changer.
Description
Brief Specifications: Operating WT 11,045 LBS. Bucket Range 3.0 – 9.8 cu ft Options:
EROPS / FOPS CAB WITH HEAT, AIR, RADIO, COLOR MONITOR $ INCLUDED RUBBER TRACKS $ INCLUDED
SWING BOOM $ INCLUDED
KNOCK DOWN 2- WAY DOZER $ INCLUDED
AUX. HYDRAULIC – NIBBLER / BREAKER TO TIP OF STICK $ INCLUDED CONTROL PATTERN CHANGE $ INCLUDED
WERK-BRAU HYDRAULIC PIN GRABBER COUPLER – INSTALLED $ INCLUDED OPTIONS:
12” DIGGING BUCKET W/PINS – WILL NOT WORK WITH THUMB $ 1,780.00 18” DIGGING BUCKET W/PINS $ 1,880.00
24” DIGGING BUCKET W/PINS $ 2,105.00
36” DIGGING BUCKET W/PINS $ 2,440.00
36” DITCH CLEAN UP BUCKET W/PINS $ 2,135.00
WERK-BRAU HYDRAULIC THUMB – INSTALLED $ 3,575.00
Quote 145370-01
Feb 10, 2023
CITY OF NEVADA CITY
Account # 3994501
317 BROAD ST
NEVADA CITY, California 95959 2405
Attention: SHANE KINNE
New Caterpillar Model: 304 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 577-9914 304 07A MINI EXCAVATOR 510-6085 BELT, SEAT, 3'' RETRACTABLE 611-2419 ENGINE, EPA TIER 4 FINAL 579-8876 MONITOR NEXT GEN, CAMERA READY 595-9912 HYDRAULIC OIL 579-8873 INTEGRATED RADIO
579-8852 ALARM, TRAVEL 579-8887 PRODUCT LINK, CELLULAR PL243 579-8858 ELECTRICAL ARR, C1.7 HRC 522-6460 CAT KEY, WITH PASSCODE OPTION 584-4307 LINKAGE BUCKET W/LIFTING EYE 586-1369 COUNTERWEIGHT, EXTRA, 500LBS 542-6690 CAB, WITH HEAT AND A/C 597-0754 BLADE, ANGLE, BOCE 542-6668 BOOM, SWING 579-8892 CAMERA, REAR VIEW
600-4380 HOLDER, GREASE GUN 428-7870 MIRROR, CAB, RIGHT 557-1713 SOFTWARE, CODED START 601-7747 REAR MIRROR, CAB 557-1709 SOFTWARE, PROPORTIONAL CONTROL 519-8302 WATER JACKET HEATER, 120V 557-1711 SOFTWARE, 2 WAY CONTROL 584-4312 CONTROL, QC, 3 LINE 557-1710 SOFTWARE, STICK STEER CONTROL 586-0420 LINES, QC, LNG STK, 3 LINE 596-7602 STICK, LONG, WITH 1ST AUX 589-8470 THUMB,HYD + COUPLER,PG,HYD,3T 542-6682 LINES, BOOM 154-2638 PINS, BUCKET, 40MM
584-3655 LINES, STICK 464-9900 BUCKET-HD, 12'', 1.7 FT3, 3T 542-6699 TRACK, 14'', RUBBER BELT 464-9902 BUCKET-HD, 18'', 2.9 FT3, 3T 579-8868 LIGHTS, LED 388-9663 BUCKET-GRADING,47'', 8.1 FT3,3T
WARRANTY INFORMATION
Standard Warranty: 24 months / 2,000 hours
Extended Warranty: 304-60 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR
LIST PRICE FOR CAT 304 AS CONFIGURED $114,813.68
SOURCEWELL DISCOUNT 20% OFF LIST PRICE ($22,962.74)
PRE DELIVERY INSPECTION, FUEL, EIN DECALS, DELIVERY, EXT WARRANTY $3,950.00 Net Balance Due $95,800.94
Sales Tax (8.375%) $8,023.33
After Tax Balance $103,824.27
F.O.B/TERMS: NEVADA CITY CA, 95959
Quote 145370-01
This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.
Accepted by __________________________________________________ Date,____________________ (Please Print)
Signature __________________________________________________
Quote 145370-01
Feb 10, 2023
CITY OF NEVADA CITY
Account # 3994501
317 BROAD ST
NEVADA CITY, California 95959 2405
Attention: SHANE KINNE
New Caterpillar Model: 304 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 577-9914 304 07A MINI EXCAVATOR 510-6085 BELT, SEAT, 3'' RETRACTABLE 611-2419 ENGINE, EPA TIER 4 FINAL 579-8876 MONITOR NEXT GEN, CAMERA READY 595-9912 HYDRAULIC OIL 579-8873 INTEGRATED RADIO
579-8852 ALARM, TRAVEL 579-8887 PRODUCT LINK, CELLULAR PL243 579-8858 ELECTRICAL ARR, C1.7 HRC 522-6460 CAT KEY, WITH PASSCODE OPTION 584-4307 LINKAGE BUCKET W/LIFTING EYE 586-1369 COUNTERWEIGHT, EXTRA, 500LBS 542-6690 CAB, WITH HEAT AND A/C 597-0752 BLADE, STD, BOCE 542-6668 BOOM, SWING 579-8892 CAMERA, REAR VIEW
600-4380 HOLDER, GREASE GUN 428-7870 MIRROR, CAB, RIGHT 557-1713 SOFTWARE, CODED START 601-7747 REAR MIRROR, CAB 557-1709 SOFTWARE, PROPORTIONAL CONTROL 519-8302 WATER JACKET HEATER, 120V 557-1711 SOFTWARE, 2 WAY CONTROL 584-4312 CONTROL, QC, 3 LINE 557-1710 SOFTWARE, STICK STEER CONTROL 586-0420 LINES, QC, LNG STK, 3 LINE 596-7602 STICK, LONG, WITH 1ST AUX 589-8470 THUMB,HYD + COUPLER,PG,HYD,3T 542-6682 LINES, BOOM 154-2638 PINS, BUCKET, 40MM
584-3655 LINES, STICK 464-9900 BUCKET-HD, 12'', 1.7 FT3, 3T 542-6699 TRACK, 14'', RUBBER BELT 464-9902 BUCKET-HD, 18'', 2.9 FT3, 3T 579-8868 LIGHTS, LED 388-9663 BUCKET-GRADING,47'', 8.1 FT3,3T
WARRANTY INFORMATION
Standard Warranty: 24 months / 2,000 hours
Extended Warranty: 304-60 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR
LIST PRICE FOR CAT 304 AS CONFIGURED $109,667.00
SOURCEWELL DISCOUNT 20% OFF LIST PRICE ($21,933.40)
PRE DELIVERY INSPECTION, FUEL, EIN DECALS, DELIVERY, EXT WARRANTY $3,950.00 Net Balance Due $91,683.60
Sales Tax (8.375%) $7,678.50
After Tax Balance $99,362.10
F.O.B/TERMS: NEVADA CITY CA, 95959
Quote 145370-01
This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.
Accepted by __________________________________________________ Date,____________________ (Please Print)
Signature __________________________________________________
Features:
The Cat® 304 Mini Excavator delivers power and performance in a compact size to help you work in a wide range of applications.
ALL DAY COMFORT
Choose either a canopy (not available in some regions) or a sealed and pressurized cab which can be equipped with air conditioning, adjustable wrist rests, and a suspension seat to help keep you working comfortably all day long.
EASY TO OPERATE
Controls are easy to use and the intuitive Next Generation LCD monitor provides easy to read machine information. An advanced touchscreen monitor can also be equipped as an upgrade option.
STICK STEER TRAVEL MODE
Moving around the job site is even easier with the Cat Stick Steer option. Easily switch from traditional travel controls with levers and pedals to joystick controls to move the machine and to operate the blade. The benefit of less effort and improved control is in your hands!
BIG PERFORMANCE IN A SMALL MACHINE
Strong lift and dig performance helps you get the job done faster.
The reduced radius tail swing design provides exceptional stability and performance. With a maximum width of 1700 mm (67 in), the 304 can access those hard to get into areas. Dozer float allows for easy clean up. An angle blade is also an option for finished grading and easier backfilling applications.
SAFETY ON THE JOB SITE
Your safety is our top priority. The Cat mini excavator is designed to help keep you safe on the job. Courtesy work lights and a fluorescent retractable seat belt are just a couple of the safety features we’ve built into the machine.
SIMPLE SERVICE FOR LESS DOWNTIME
Maintenance is quick and easy on the Cat mini excavator. Routine check points are easy to access at ground level through the side doors.
LOWER OPERATING COSTS
Equipped with features such as auto idle, auto engine shutdown, and efficient hydraulics with a variable displacement pump, the Cat mini excavator was designed with reducing your operating costs in mind.
UNMATCHED DEALER SUPPORT
Your Cat dealer is here to help you reach your business goals.
From providing equipment solutions to operator training to service needs and beyond, your Cat dealer is ready to help.
Cat®
304
Mini Excavator
Engine
Engine Model C1.7 Turbo
Net Power @ 2,400 rpm
ISO 9249, 80/1269/EEC 33.6 kW 45.0 hp
Gross Power @ 2,400 rpm
SAE J1995:2014 36.1 kW 48.4 hp
Bore 84.0 mm 3.3 in
Stroke 100.0 mm 3.9 in
Displacement 1.662 L 101 in3
• Meets U.S. EPA Tier 4 Final and EU Stage V emission standards. • Net power advertised is the power available at the flywheel when the engine is at rated speed and rated power when the engine is installed with the factory configured fan, air intake system, exhaust system, and alternator with a minimum alternator load.
Weights
Minimum Operating Weight with Canopy* 3925 kg 8,655 lb
Maximum Operating Weight with Canopy** 4375 kg 9,647 lb Minimum Operating Weight with Cab* 4025 kg 8,875 lb
Maximum Operating Weight with Cab** 4475 kg 9,867 lb
**Minimum Weight is based on rubber tracks, operator, full fuel tank, standard stick, straight blade, no bucket and no extra counterweight. **Maximum Weight is based on steel tracks, operator, full fuel tank, long stick, straight blade, extra counterweight and no bucket.
Specifications
2 304 Mini Excavator
Weight Increase from Minimum Configuration
Counterweight 225 kg 496 lb
Long Stick 30 kg 66 lb
Steel Tracks 195 kg 430 lb
Angle Blade 110 kg 243 lb
Travel System
Travel Speed – High 5.2 km/h 3.2 mph
Travel Speed – Low 3.5 km/h 2.2 mph
Maximum Traction Force – High Speed 19 kN 4,271 lbf
Maximum Traction Force – Low Speed 32.6 kN 7,329 lbf
Ground Pressure – Minimum Weight 28.7 kPa 4.2 psi
Ground Pressure – Maximum Weight 33.8 kPa 4.9 psi
Gradeability (maximum) 30 degrees
Service Refill Capacities
Cooling System 11.0 L 2.9 gal
Engine Oil 6.0 L 1.6 gal
Fuel Tank 63.0 L 17.0 gal
Hydraulic Tank 52.0 L 14.0 gal
Hydraulic System 65.0 L 17.0 gal
Hydraulic System
Load Sensing Hydraulics with Variable Displacement Piston Pump Pump Flow @ 2,400 rpm 96 L/min 25 gal/min
Operating Pressure – Equipment 245 bar 3,553 psi
Operating Pressure – Travel 245 bar 3,553 psi
Operating Pressure – Swing 180 bar 2,611 psi
Auxiliary Circuit – Primary
Flow* 65 L/min 21 gal/min
Pressure* 245 bar 3,553 psi
Auxiliary Circuit – Secondary
Flow* 28 L/min 7.0 gal/min
Pressure* 245 bar 3,553 psi
Digging Force – Stick (standard) 21.0 kN 4,721 lbf
Digging Force – Stick (long) 19.2 kN 4,316 lbf
Digging Force – Bucket 38.2 kN 8,588 lbf
*Flow and pressure are not combinable. Under load, as flow rises pressure goes down.
Swing System
Machine Swing Speed 9.0 rpm
Boom Swing – Left 78 Degrees
Boom Swing – Right 50 Degrees
Blade
Width (Straight) 1700 mm 66.9 in
Height (Straight) 360 mm 14.2 in
Width (Angle) 1700 mm 66.9 in
Height (Angle) 360 mm 14.2 in
Angle Blade – Left 25 Degrees
Angle Blade – Right 25 Degrees
Certification – Cab and Canopy
Roll Over Protective Structure (ROPS) ISO 12117-2:2008
Tip Over Protective Structure (TOPS) ISO 12117:1997
Top Guard ISO 10262:1998 Level I
Sound
Operator Sound Pressure Level 76 dB(A)
(ISO 6396:2008)
Exterior Sound Power Level 97 dB(A)
(ISO 6395:2008)
• European Union Directive “2000/14/EC”
5 1
2 3
4 6
7 8
9 10
11 12
13 21 14
15 16
17 18
19 20
Dimensions
Standard Stick Long Stick
1 Dig Depth 3210 mm (126.4 in) 3510 mm (138.2 in)
2 Vertical Wall 2395 mm (94.3 in) 2535 mm (99.8 in)
3 Maximum Reach
at Ground Level
5200 mm (204.7 in) 5445 mm (214.4 in)
4 Maximum Reach 5330 mm (209.8 in) 5570 mm (219.3 in)
5 Maximum Dig Height 5040 mm (198.4 in) 5125 mm (201.8 in) 6 Maximum Dump Clearance 3645 mm (143.5 in) 3740 mm (147.2 in) 7 Boom in Reach 2255 mm (88.8 in) 2340 mm (92.1 in)
8 Tail Swing
without Counterweight 975 mm (38.4 in) 975 mm (38.4 in) with Counterweight 1070 mm (42.1 in) 1070 mm (42.1 in)
9 Maximum Blade Height 420 mm (16.5 in) 420 mm (16.5 in) 10 Maximum Blade Depth 475 mm (18.7 in) 475 mm (18.7 in) 11 Boom Height in
Shipping Position
1620 mm (63.8 in) 1910 mm (75.2 in)
12 Overall Shipping Height 2540 mm (100.0 in) 2540 mm (100.0 in) 13 Swing Bearing Height 557 mm (21.9 in) 557 mm (21.9 in) 14 Overall Undercarriage Length 2210 mm (87.0 in) 2210 mm (87.0 in) 15 Overall Shipping Length† 4950 mm (194.9 in) 4950 mm (194.9 in) 16 Boom Swing Right 730 mm (28.7 in) 730 mm (28.7 in)
17 Boom Swing Left 530 mm (20.9 in) 530 mm (20.9 in)
18 Track Belt/Shoe Width 350 mm (13.8 in) 350 mm (13.8 in) 19 Track Width 1700 mm (66.9 in) 1700 mm (66.9 in)
20 Ground Clearance 305 mm (12.0 in) 305 mm (12.0 in)
21 Stick Length 1395 mm (54.9 in) 1695 mm (66.7 in)
†Overall Shipping Length depends on blade position during shipment. 3 304 Mini Excavator
Cab
Lift Capacities –
Minimum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft) 3 m
(9.8 ft)
Standard Stick kg *941 *941 *941 *698 *698 *698 4.09
(lb) (*2,075) (*2,075) (*2,075) (*1,539) (*1,539) (*1,539) (13.4) Long Stick kg *699 *699 *699 4.37
(lb) (*1,541) (*1,541) (*1,541) (14.3)
1.5 m
(4.9 ft)
Standard Stick kg *1522 1213 1031 *1040 662 573 *698 *698 555 4.59 (lb) (*3,356) (2,675) (2,273) (*2,293) (1,460) (1,263) (*1,539) (*1,539) (1,224) (15.1) Long Stick kg *1333 *1333 1029 *1008 652 562 *711 582 502 4.84 (lb) (*2,939) (*2,939) (2,269) (*2,223) (1,438) (1,239) (*1,568) (1,283) (1,107) (15.9) 0 m
(0 ft)
Standard Stick kg *2006 1148 969 *846 656 566 4.46
(lb) (*4,423) (2,531) (2,137) (*1,865) (1,446) (1,248) (14.6) Long Stick kg *1933 1128 950 *1142 630 541 *861 591 508 4.71 (lb) (*4,262) (2,487) (2,095) (*2,518) (1,389) (1,193) (*1,899) (1,303) (1,120) (15.5) Minimum Weight includes cab, rubber tracks, no counterweight, operator, full fuel tank and straight blade.
Lift Capacities –
Maximum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft) 3 m
(9.8 ft)
Standard Stick kg *941 *941 *941 *698 *698 *698 4.09
(lb) (*2,075) (*2,075) (*2,075) (*1,539) (*1,539) (*1,539) (13.4) Long Stick kg *699 *699 *699 4.37
(lb) (*1,541) (*1,541) (*1,541) (14.3)
1.5 m
(4.9 ft)
Standard Stick kg *1522 *1522 1266 *1040 780 714 *698 *698 *698 4.59 (lb) (*3,356) (*3,356) (2,792) (*2,293) (1,720) (1,574) (*1,539) (*1,539) (*1,539) (15.1) Long Stick kg *1333 *1333 *1333 *1008 769 703 *711 *711 *711 4.84 (lb) (*2,939) (*2,939) (*2,939) (*2,223) (1,696) (1,550) (*1,568) (*1,568) (*1,568) (15.9) 0 m
(0 ft)
Standard Stick kg *2006 1349 1204 *846 *846 709 4.46
(lb) (*4,423) (2,975) (2,655) (*1,865) (*1,865) (1,563) (14.6) Long Stick kg *1933 1329 1185 *1142 748 682 *861 702 641 4.71 (lb) (*4,262) (2,930) (2,613) (*2,518) (1,649) (1,504) (*1,899) (1,548) (1,413) (15.5) Maximum Weight includes cab, steel tracks, counterweight, operator, full fuel tank and angle blade.
Canopy
Lift Capacities –
Minimum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft) 3 m
(9.8 ft)
Standard Stick kg *941 *941 *941 *698 *698 *698 4.09
(lb) (*2,075) (*2,075) (*2,075) (*1,539) (*1,539) (*1,539) (13.4) Long Stick kg *699 *699 585 4.37
(lb) (*1,541) (*1,541) (1,290) (14.3)
1.5 m
(4.9 ft)
Standard Stick kg *1522 1176 1000 *1040 640 555 *698 *698 537 4.59 (lb) (*3,356) (2,593) (2,205) (*2,293) (1,411) (1,224) (*1,539) (*1,539) (1,184) (15.1) Long Stick kg *1333 *1333 999 *1008 630 544 *711 562 485 4.84 (lb) (*2,939) (*2,939) (2,203) (*2,223) (1,389) (1,200) (*1,568) (1,239) (1,069) (15.9) 0 m
(0 ft)
Standard Stick kg *2006 1111 939 *846 634 548 4.46
(lb) (*4,423) (2,450) (2,070) (*1,865) (1,398) (1,208) (14.6) Long Stick kg *1933 1091 919 *1142 608 523 *861 570 490 4.71 (lb) (*4,262) (2,406) (2,026) (*2,518) (1,341) (1,153) (*1,899) (1,257) (1,080) (15.5) Minimum Weight includes canopy, rubber tracks, no counterweight, operator, full fuel tank and straight blade.
Lift Capacities –
Maximum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft) 3 m
(9.8 ft)
Standard Stick kg *941 *941 *941 *698 *698 *698 4.09
(lb) (*2,075) (*2,075) (*2,075) (*1,539) (*1,539) (*1,539) (13.4) Long Stick kg *699 *699 *699 4.37
(lb) (*1,541) (*1,541) (*1,541) (14.3)
1.5 m
(4.9 ft)
Standard Stick kg *1522 *1522 1235 *1040 758 696 *698 *698 *698 4.59 (lb) (*3,356) (*3,356) (2,723) (*2,293) (1,671) (1,535) (*1,539) (*1,539) (*1,539) (15.1) Long Stick kg *1333 *1333 *1333 *1008 748 685 *711 *711 *711 4.84 (lb) (*2,939) (*2,939) (*2,939) (*2,223) (1,649) (1,510) (*1,568) (*1,568) (*1,568) (15.9) 0 m
(0 ft)
Standard Stick kg *2006 1312 1174 *846 *846 691 4.46
(lb) (*4,423) (2,893) (2,589) (*1,865) (*1,865) (1,524) (14.6) Long Stick kg *1933 1292 1154 *1142 726 664 *861 681 624 4.71 (lb) (*4,262) (2,849) (2,545) (*2,518) (1,601) (1,464) (*1,899) (1,502) (1,376) (15.5) Maximum Weight includes canopy, steel tracks, counterweight, operator, full fuel tank and angle blade. *The above loads are in compliance with hydraulic excavator lift capacity rating standard ISO 10567:2007 and they do not exceed 87% of hydraulic lifting capacity or 75% of tipping capacity.
The excavator bucket weight is not included on this chart. 304 Mini Excavator
Standard and Optional Equipment
Standard and optional equipment may vary. Consult your Cat dealer for details.
Standard Optional
ENGINE
Cat® C1.7 Turbo Engine (U.S. EPA Tier 4 Final/EU Stage V) Automatic Engine Idle
Automatic Engine Shutdown
Automatic Two Speed Travel
Fuel Water Separator
Power on Demand (not available in all regions)
Variable Displacement Piston Pump
Load Sensing/Flow Sharing Hydraulics
HYDRAULICS
Smart Tech Electronic Pump
Accumulator
Automatic Swing Brake
Auxiliary Hydraulic Lines
One and Two Way Auxiliary Flow
Continuous Auxiliary Flow
Auxiliary Line Quick Disconnects
OPERATOR ENVIRONMENT
Canopy or Cab (Canopy not available in some regions)
Cab with Air Conditioning
Cab with Heater
Top Guard ISO 10262:1998 Level I
ROPS – ISO 12117-2:2008
TOPS – ISO 12117:1997
Stick Steer Mode
Travel Cruise Control
Control Pattern Changer (optional in some regions)
Adjustable Wrist Rests
Washable Floor Mat
Travel Pedals and Hand Levers
No Travel Pedals and Hand Levers
(optional in some regions)
Machine Security
Standard Key with Pass Code
Push to Start with Key Fob/Pass Code
Fabric Suspension Seat (Cab only)
Vinyl Suspension Seat (Canopy only)
Hydraulic Lockout – All Controls
Retractable High Visibility Seat Belt (75 mm/3 in)
Coat Hook
Cup Holder
Storage Pocket
Skylight
Mounting Bosses for Front
Signaling/Warning Horn
Interior Light (Cab only)
Boom Light, Halogen (not available in all regions)
LED Front Lights
LED Front and Rear Lights
LED Boom Light
Utility Space for Mobile Phone
Mirrors, Left, Right and Rear
Camera
Radio – Bluetooth®, Auxiliary, Microphone,
USB (charging only) (Cab only)
Standard Optional
OPERATOR ENVIRONMENT (continued)
Next Generation Color LCD Monitor (IP66)
– Fuel Level and Coolant Temperature Gauges
– Maintenance and Machine Monitoring
– Performance and Machine Adjustments
– Numeric Security Code
– Multiple Languages
– Hour Meter with Wake Up Switch
– Jog Dial (cab only)
Next Generation Advanced Monitor
– Touch Screen
– Site Reference System
– High Definition Camera Capable (IP68 and IP69K)
– Numeric Security Code
UNDERCARRIAGE
Rubber Belt (350 mm/13.8 in)
Steel Track (350 mm/13.8 in)
Steel Track with Rubber Pads
Dozer Straight Blade
Dozer Blade Float
Angle Blade
Tie Downs on Track Frame
BOOM, STICK AND LINKAGES
One Piece Boom (2500 mm/98.4 in)
Standard Stick (1395 mm/54.9 in)
Long Stick (1695 mm/66.7 in)
Front Shovel Capable
Pin-On
Dual Lock Manual Coupler
Hydraulic Coupler
Thumb Ready
Certified Lifting Eye
Attachments including Couplers, Thumbs, Buckets,
Augers and Hammers
2nd Auxiliary Hydraulic Lines
Bucket Divert Lines
Boom Lowering Check Valve
Stick Lowering Check Valve
Hydraulic Quick Coupler Lines
ELECTRICAL
12 Volt Battery
Software (machine and monitor)
Maintenance Free Battery
Battery Disconnect
12 Volt Power Socket
Product Link™ PL243 (regulations apply)
Product Link PLE643 (regulations apply)
Travel Alarm (optional in some regions)
GUARDING
Polycarbonate Half Height Front Guard (Canopy only)
Polycarbonate Front Guard (ISO 10262:1998 Level I and
EN356 P5A)
Heavy Duty Front Guard ISO 10262:1998 Level II
Heavy Duty Top Guard 10262:1998 Level II (Cab only)
OTHER
Bio Oil Capable
Eco Drain
Water Jacket Heater
Counterweight (225 kg/496 lb)
AEHQ8377 (08-2021)
Build Number: 07A
(North America, Europe,
Australia/New Zealand)
For more complete information on Cat products, dealer services, and industry solutions, visit us on the web at www.cat.com © 2021 Caterpillar
All rights reserved
Materials and specifications are subject to change without notice. Featured machines in photos may include additional equipment. See your Cat dealer for available options.
CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate Yellow,” the “Power Edge” and Cat “Modern Hex” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.
Quote 145371-01
Feb 10, 2023
CITY OF NEVADA CITY
Account # 3994501
317 BROAD ST
NEVADA CITY, California 95959 2405
Attention: SHANE KINNE
New Caterpillar Model: 305 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 576-7009 305 07A CR MINI EXCAVATOR 579-8876 MONITOR NEXT GEN, CAMERA READY 611-2416 ENGINE, EPA TIER 4 FINAL 579-8873 INTEGRATED RADIO 579-8859 ELECTRICAL ARR, C1.7 HRC 579-8889 PRODUCT LINK, CELLULAR PL243 527-7599 BOOM, SWING 522-6460 CAT KEY, WITH PASSCODE OPTION 584-4306 LINKAGE BUCKET W/LIFTING EYE 510-6085 BELT, SEAT, 3'' RETRACTABLE 576-7025 CAB, WITH HEAT AND A/C 582-7126 COUNTERWEIGHT, EXTRA, 530LBS 600-4380 HOLDER, GREASE GUN 597-0755 BLADE, ANGLE, BOCE 595-9905 HYDRAULIC OIL 579-8892 CAMERA, REAR VIEW
579-8852 ALARM, TRAVEL 428-7870 MIRROR, CAB, RIGHT
557-1709 SOFTWARE, PROPORTIONAL CONTROL 601-7747 REAR MIRROR, CAB 557-1710 SOFTWARE, STICK STEER CONTROL 519-8302 WATER JACKET HEATER, 120V 557-1711 SOFTWARE, 2 WAY CONTROL 584-4311 CONTROL, QC, 3 LINE 557-1713 SOFTWARE, CODED START 586-0416 LINES, QC, LNG STK, 3 LINE 596-7594 STICK, LONG, WITH 1ST AUX 575-0492 THUMB,HYD + COUPLER,PG,HYD, 5T 527-7611 LINES, BOOM 282-2785 PINS, BUCKET, 45MM
584-3653 LINES, STICK 464-9907 BUCKET-HD, 12'', 2.1 FT3, 5T 527-7627 TRACK, 16'', RUBBER BELT 464-9909 BUCKET-HD, 18'', 3.1 FT3, 5T 579-8868 LIGHTS, LED 388-9664 BUCKET-GRADING, 47'', 9.2FT3,5T
WARRANTY INFORMATION
Standard Warranty: 24 months / 2,000 hours
Extended Warranty: 305-60 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR
LIST PRICE FOR CAT 305 CR AS CONFIGURED $130,012.00
SOURCEWELL DISCOUNT 20% OFF LIST ($26,002.40)
PRE DELIVERY INSPECTION, FUEL, EIN DECALS, DELIVERY, EXT WARRANTY $4,250.00 Net Balance Due $108,259.60
Sales Tax (8.375%) $9,066.74
CSA Included
After Tax Balance $117,326.34
Quote 145371-01
F.O.B/TERMS: EMD - PLEASANT GROVE 7518
This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.
Accepted by __________________________________________________ Date,____________________ (Please Print)
Signature __________________________________________________
Quote 145371-01
Feb 10, 2023
CITY OF NEVADA CITY
Account # 3994501
317 BROAD ST
NEVADA CITY, California 95959 2405
Attention: SHANE KINNE
New Caterpillar Model: 305 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
ADDITIONAL SPECIFICATIONS
Reference # Description of Material and Equipment Reference # Description of Material and Equipment 576-7009 305 07A CR MINI EXCAVATOR 579-8876 MONITOR NEXT GEN, CAMERA READY 611-2416 ENGINE, EPA TIER 4 FINAL 579-8873 INTEGRATED RADIO 579-8859 ELECTRICAL ARR, C1.7 HRC 579-8889 PRODUCT LINK, CELLULAR PL243 527-7599 BOOM, SWING 522-6460 CAT KEY, WITH PASSCODE OPTION 584-4306 LINKAGE BUCKET W/LIFTING EYE 510-6085 BELT, SEAT, 3'' RETRACTABLE 576-7025 CAB, WITH HEAT AND A/C 582-7126 COUNTERWEIGHT, EXTRA, 530LBS 600-4380 HOLDER, GREASE GUN 597-0753 BLADE, STD, BOCE
595-9905 HYDRAULIC OIL 579-8892 CAMERA, REAR VIEW
579-8852 ALARM, TRAVEL 428-7870 MIRROR, CAB, RIGHT
557-1709 SOFTWARE, PROPORTIONAL CONTROL 601-7747 REAR MIRROR, CAB 557-1710 SOFTWARE, STICK STEER CONTROL 519-8302 WATER JACKET HEATER, 120V 557-1711 SOFTWARE, 2 WAY CONTROL 584-4311 CONTROL, QC, 3 LINE 557-1713 SOFTWARE, CODED START 586-0416 LINES, QC, LNG STK, 3 LINE 596-7594 STICK, LONG, WITH 1ST AUX 575-0492 THUMB,HYD + COUPLER,PG,HYD, 5T 527-7611 LINES, BOOM 282-2785 PINS, BUCKET, 45MM
584-3653 LINES, STICK 464-9907 BUCKET-HD, 12'', 2.1 FT3, 5T 527-7627 TRACK, 16'', RUBBER BELT 464-9909 BUCKET-HD, 18'', 3.1 FT3, 5T 579-8868 LIGHTS, LED 388-9664 BUCKET-GRADING, 47'', 9.2FT3,5T
WARRANTY INFORMATION
Standard Warranty: 24 months / 2,000 hours
Extended Warranty: 305-60 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH CSA Dry Parts Kit - 24 MO/1000 HR
LIST PRICE FOR CAT 305 CR AS CONFIGURED $124,865.00
SOURCEWELL DISCOUNT 20% OFF LIST ($24,973.00)
PRE DELIVERY INSPECTION, FUEL, EIN DECALS, DELIVERY, EXT WARRANTY $4,250.00 Net Balance Due $104,142.00
Sales Tax (8.375%) $8,721.89
CSA Included
After Tax Balance $112,863.89
Quote 145371-01
F.O.B/TERMS: EMD - PLEASANT GROVE 7518
This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.
Accepted by __________________________________________________ Date,____________________ (Please Print)
Signature __________________________________________________
Features:
The Cat® 305 CR Mini Excavator delivers power and performance in a compact size to help you work in a wide range of applications.
ALL DAY COMFORT
Choose either a canopy or a sealed and pressurized cab which can be equipped with air conditioning, adjustable wrist rests, and a suspension seat to help keep you working comfortably all day long.
EASY TO OPERATE
Controls are easy to use and the intuitive Next Generation LCD monitor provides easy to read machine information. An advanced touchscreen monitor can also be equipped as an upgrade option.
STICK STEER TRAVEL MODE
Moving around the job site is even easier with the Cat Stick Steer option. Easily switch from traditional travel controls with levers and pedals to joystick controls to move the machine and to operate the blade. The benefit of less effort and improved control is in your hands!
BIG PERFORMANCE IN A COMPACT DESIGN
Strong lift and dig performance helps you get the job done faster.
The compact radius design lets you access and work in the tightest areas. Dozer float allows for easy clean up. An angle blade is also an option for finished grading and easier backfilling applications.
SAFETY ON THE JOB SITE
Your safety is our top priority. The Cat mini excavator is designed to help keep you safe on the job. Courtesy work lights and a fluorescent retractable seat belt are just a couple of the safety features we’ve built into the machine.
SIMPLE SERVICE FOR LESS DOWNTIME
Maintenance is quick and easy on the Cat mini excavator. Routine check points are easy to access at ground level through the side doors.
LOWER OPERATING COSTS
Equipped with features such as auto idle, auto engine shutdown, and efficient hydraulics with a variable displacement pump, the Cat mini excavator was designed with reducing your operating costs in mind.
UNMATCHED DEALER SUPPORT
Your Cat dealer is here to help you reach your business goals.
From providing equipment solutions to operator training to service needs and beyond, your Cat dealer is ready to help.
Cat®
305 CR
Mini Excavator
Engine
Engine Model C1.7 Turbo
Net Power @ 2,400 rpm
ISO 9249, 80/1269/EEC 33.6 kW 45.0 hp
Gross Power @ 2,400 rpm
SAE J1995:2014 36.1 kW 48.4 hp
Bore 84.0 mm 3.3 in
Stroke 100.0 mm 3.9 in
Displacement 1.662 L 101 in3
• Meets U.S. EPA Tier 4 Final emission standards.
• Net power advertised is the power available at the flywheel when the engine is at rated speed and rated power when the engine is installed with the factory configured fan, air intake system, exhaust system, and alternator with a minimum alternator load.
Weights
Minimum Operating Weight with Canopy* 4996 kg 11,016 lb Maximum Operating Weight with Canopy** 5655 kg 12,469 lb Minimum Operating Weight with Cab* 5095 kg 11,234 lb
Maximum Operating Weight with Cab** 5754 kg 12,688 lb
**Minimum Weight is based on rubber tracks, operator, full fuel tank, standard stick, straight blade, no bucket and no extra counterweight. **Maximum Weight is based on steel tracks with pads, operator, full fuel tank, long stick, straight blade, extra counterweight and no bucket.
Specifications
2 305 CR Mini Excavator
Weight Increase from Minimum Configuration
Counterweight 242 kg 534 lb
Long Stick 34 kg 75 lb
Steel Tracks with Pads 375 kg 827 lb
Angle Blade 102 kg 225 lb
Travel System
Travel Speed – High 5.0 km/h 3.1 mph
Travel Speed – Low 2.8 km/h 1.7 mph
Maximum Traction Force – High Speed 24.7 kN 5,553 lbf
Maximum Traction Force – Low Speed 50.5 kN 11,353 lbf
Ground Pressure – Minimum Weight 27.3 kPa 4.0 psi
Ground Pressure – Maximum Weight 32.2 kPa 4.7 psi
Gradeability (maximum) 30 degrees
Service Refill Capacities
Cooling System 11.0 L 2.9 gal
Engine Oil 6.0 L 1.6 gal
Fuel Tank 63.0 L 17.0 gal
Hydraulic Tank 60.0 L 16.0 gal
Hydraulic System 75.0 L 20.0 gal
Hydraulic System
Load Sensing Hydraulics with Variable Displacement Piston Pump Pump Flow @ 2,400 rpm 133 L/min 35 gal/min
Operating Pressure – Equipment 265 bar 3,843 psi
Operating Pressure – Travel 265 bar 3,843 psi
Operating Pressure – Swing 200 bar 2,901 psi
Auxiliary Circuit – Primary
Flow* 80 L/min 21 gal/min
Pressure* 265 bar 3,843 psi
Auxiliary Circuit – Secondary
Flow* 28 L/min 7.0 gal/min
Pressure* 265 bar 3,843 psi
Digging Force – Stick (standard) 28.3 kN 6,362 lbf
Digging Force – Stick (long) 25.2 kN 5,665 lbf
Digging Force – Bucket 49.2 kN 11,061 lbf
*Flow and pressure are not combinable. Under load, as flow rises pressure goes down.
Swing System
Machine Swing Speed 9.0 rpm
Boom Swing – Left 72 Degrees
Boom Swing – Right 50 Degrees
Blade
Width (Straight) 1980 mm 78.0 in
Height (Straight) 390 mm 15.4 in
Width (Angle) 1980 mm 78.0 in
Height (Angle) 400 mm 15.7 in
Angle Blade – Left 25 degrees
Angle Blade – Right 25 degrees
Certification – Cab and Canopy
Roll Over Protective Structure (ROPS) ISO 12117-2:2008
Tip Over Protective Structure (TOPS) ISO 12117:1997
Top Guard ISO 10262:1998 Level I
Sound
Operator Sound Pressure Level 76 dB(A)
(ISO 6396:2008)
Exterior Sound Power Level 97 dB(A)
(ISO 6395:2008)
• European Union Directive “2000/14/EC”
5 1
2 3
4 6
7 8
9 10
11 12
13 21 14
15 16
17 18
19 20
Dimensions
Standard Stick Long Stick
1 Dig Depth 3420 mm (134.6 in) 3670 mm (144.5 in)
2 Vertical Wall 2335 mm (91.9 in) 2560 mm (100.8 in)
3 Maximum Reach
at Ground Level
5590 mm (220.1 in) 5835 mm (229.7 in)
4 Maximum Reach 5755 mm (226.6 in) 5990 mm (235.8 in)
5 Maximum Dig Height 5215 mm (205.3 in) 5355 mm (210.8 in) 6 Maximum Dump Clearance 3700 mm (145.7 in) 3845 mm (151.4 in) 7 Boom in Reach 2570 mm (101.2 in) 2580 mm (101.6 in)
8 Tail Swing
without Counterweight 1095 mm (43.1 in) 1095 mm (43.1 in) with Counterweight 1200 mm (47.2 in) 1200 mm (47.2 in)
9 Maximum Blade Height 385 mm (15.2 in) 385 mm (15.2 in) 10 Maximum Blade Depth 595 mm (23.4 in) 595 mm (23.4 in) 11 Boom Height in
Shipping Position
1820 mm (71.7 in) 1895 mm (74.6 in)
12 Overall Shipping Height 2550 mm (100.4 in) 2550 mm (100.4 in) 13 Swing Bearing Height 619 mm (24.4 in) 619 mm (24.4 in) 14 Overall Undercarriage Length 2585 mm (101.8 in) 2585 mm (101.8 in) 15 Overall Shipping Length† 5305 mm (208.9 in) 5340 mm (210.2 in) 16 Boom Swing Right 865 mm (34.1 in) 865 mm (34.1 in)
17 Boom Swing Left 615 mm (24.2 in) 615 mm (24.2 in)
18 Track Belt/Shoe Width 400 mm (15.7 in) 400 mm (15.7 in) 19 Track Width 1980 mm (78.0 in) 1980 mm (78.0 in)
20 Ground Clearance 335 mm (13.2 in) 335 mm (13.2 in)
21 Stick Length 1351 mm (53.2 in) 1601 mm (63.0 in)
†Overall Shipping Length depends on blade position during shipment. 3 305 CR Mini Excavator
Cab
Lift Capacities –
Minimum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft)
4.5 m
(14.8 ft)
Standard Stick kg
(lb)
Long Stick kg *949 *949 *949 3.63
(lb) (*2,093) (*2,093) (*2,093) (11.9)
3 m
(9.8 ft)
Standard Stick kg *1206 908 721 *953 *953 707 4.55
(lb) (*2,659) (2,002) (1,590) (*2,101) (*2,101) (1,559) (14.9) Long Stick kg *1249 903 714 *778 *778 634 4.81
(lb) (*2,754) (1,991) (1,574) (*1,715) (*1,715) (1,398) (15.8)
1.5 m
(4.9 ft)
Standard Stick kg *2587 1641 1257 *1615 882 696 *975 759 599 4.96 (lb) (*5,704) (3,618) (2,772) (*3,561) (1,945) (1,535) (*2,150) (1,674) (1,321) (16.3) Long Stick kg *2236 1641 1255 *1508 868 682 *794 *794 541 5.19 (lb) (*4,930) (3,618) (2,767) (*3,325) (1,914) (1,504) (*1,751) (*1,751) (1,193) (17.0) 0 m
(0 ft)
Standard Stick kg *3260 1559 1183 *1825 855 670 *1190 787 619 4.77 (lb) (*7,188) (3,438) (2,609) (*4,024) (1,885) (1,477) (*2,624) (1,735) (1,365) (15.6) Long Stick kg *3193 1534 1158 *1781 833 648 *953 711 555 5.02 (lb) (*7,041) (3,382) (2,553) (*3,927) (1,837) (1,429) (*2,101) (1,568) (1,224) (16.5) Minimum Weight includes cab, rubber tracks, no counterweight, operator, full fuel tank and straight blade.
Lift Capacities –
Maximum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft)
4.5 m
(14.8 ft)
Standard Stick kg
(lb)
Long Stick kg *949 *949 *949 3.63
(lb) (*2,093) (*2,093) (*2,093) (11.9)
3 m
(9.8 ft)
Standard Stick kg *1206 *1206 911 *953 *953 *953 4.55
(lb) (*2,659) (*2,659) (2,009) (*2,101) (*2,101) (*2,101) (14.9) Long Stick kg *1249 *1249 904 *778 *778 *778 4.81
(lb) (*2,754) (*2,754) (1,993) (*1,715) (*1,715) (*1,715) (15.8)
1.5 m
(4.9 ft)
Standard Stick kg *2587 1953 1579 *1615 1059 886 *975 *975 768 4.96 (lb) (*5,704) (4,306) (3,482) (*3,561) (2,335) (1,954) (*2,150) (*2,150) (1,693) (16.3) Long Stick kg *2236 1953 1577 *1508 1045 872 *794 *794 *794 5.19 (lb) (*4,930) (4,306) (3,477) (*3,325) (2,304) (1,923) (*1,751) (*1,751) (*1,751) (17.0) 0 m
(0 ft)
Standard Stick kg *3260 1871 1505 *1825 1032 860 *1190 951 795 4.77 (lb) (*7,188) (4,126) (3,319) (*4,024) (2,276) (1,896) (*2,624) (2,097) (1,783) (15.6) Long Stick kg *3193 1847 1480 *1781 1010 838 *953 *953 721 5.02 (lb) (*7,041) (4,073) (3,263) (*3,927) (2,227) (1,848) (*2,101) (*2,101) (1,590) (16.5) Maximum Weight includes cab, steel tracks with pads, counterweight, operator, full fuel tank and angle blade.
Canopy
Lift Capacities –
Minimum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft)
4.5 m
(14.8 ft)
Standard Stick kg
(lb)
Long Stick kg *949 *949 *949 3.63
(lb) (*2,093) (*2,093) (*2,093) (11.9)
3 m
(9.8 ft)
Standard Stick kg *1206 887 705 *953 *953 691 4.55
(lb) (*2,659) (1,956) (1,555) (*2,101) (*2,101) (1,524) (14.9) Long Stick kg *1249 881 698 *778 *778 619 4.81
(lb) (*2,754) (1,943) (1,539) (*1,715) (*1,715) (1,365) (15.8)
1.5 m
(4.9 ft)
Standard Stick kg *2587 1603 1230 *1615 861 680 *975 740 585 4.96 (lb) (*5,704) (3,535) (2,712) (*3,561) (1,899) (1,499) (*2,150) (1,632) (1,290) (16.3) Long Stick kg *2236 1603 1228 *1508 847 665 *794 672 528 5.19 (lb) (*4,930) (3,535) (2,708) (*3,325) (1,868) (1,466) (*1,751) (1,482) (1,164) (17.0) 0 m
(0 ft)
Standard Stick kg *3260 1521 1155 *1825 833 654 *1190 767 603 4.77 (lb) (*7,188) (3,354) (2,547) (*4,024) (1,837) (1,442) (*2,624) (1,691) (1,330) (15.6) Long Stick kg *3193 1497 1131 *1781 812 632 *953 692 541 5.02 (lb) (*7,041) (3,301) (2,494) (*3,927) (1,790) (1,394) (*2,101) (1,526) (1,193) (16.5) Minimum Weight includes canopy, rubber tracks, no counterweight, operator, full fuel tank and straight blade.
Lift Capacities –
Maximum Configuration
Lift Point Radius – 3 m (9.8 ft) Lift Point Radius – 4.5 m (14.8 ft) Lift Point Radius (Maximum) Over Front
Over Side
Over Front
Over Side
Over Front
Over Side
m
Lift Point Height Blade Down Blade Up Blade Down Blade Up Blade Down Blade Up (ft)
4.5 m
(14.8 ft)
Standard Stick kg
(lb)
Long Stick kg *949 *949 *949 3.63
(lb) (*2,093) (*2,093) (*2,093) (11.9)
3 m
(9.8 ft)
Standard Stick kg *1206 *1206 895 *953 *953 *953 4.55
(lb) (*2,659) (*2,659) (1,973) (*2,101) (*2,101) (*2,101) (14.9) Long Stick kg *1249 1059 888 *778 *778 *778 4.81
(lb) (*2,754) (2,335) (1,958) (*1,715) (*1,715) (*1,715) (15.8)
1.5 m
(4.9 ft)
Standard Stick kg *2587 1915 1552 *1615 1038 870 *975 *975 754 4.96 (lb) (*5,704) (4,223) (3,422) (*3,561) (2,289) (1,918) (*2,150) (*2,150) (1,663) (16.3) Long Stick kg *2236 1915 1550 *1508 1024 855 *794 *794 *794 5.19 (lb) (*4,930) (4,223) (3,418) (*3,325) (2,258) (1,885) (*1,751) (*1,751) (*1,751) (17.0) 0 m
(0 ft)
Standard Stick kg *3260 1833 1477 *1825 1010 844 *1190 931 780 4.77 (lb) (*7,188) (4,042) (3,257) (*4,024) (2,227) (1,861) (*2,624) (2,053) (1,720) (15.6) Long Stick kg *3193 1809 1453 *1781 989 822 *953 *953 707 5.02 (lb) (*7,041) (3,989) (3,204) (*3,927) (2,181) (1,813) (*2,101) (*2,101) (1,559) (16.5) Maximum Weight includes canopy, steel tracks with pads, counterweight, operator, full fuel tank and angle blade. *The above loads are in compliance with hydraulic excavator lift capacity rating standard ISO 10567:2007 and they do not exceed 87% of hydraulic lifting capacity or 75% of tipping capacity. The excavator bucket weight is not included on this chart.
305 CR Mini Excavator
Standard and Optional Equipment
Standard and optional equipment may vary. Consult your Cat dealer for details.
Standard Optional
ENGINE
Cat® C1.7 Turbo Engine (U.S. EPA Tier 4 Final)
Automatic Engine Idle
Automatic Engine Shutdown
Automatic Two Speed Travel
Fuel Water Separator
Power on Demand (not available in all regions)
Variable Displacement Piston Pump
Load Sensing/Flow Sharing Hydraulics
HYDRAULICS
Smart Tech Electronic Pump
Accumulator
Automatic Swing Brake
Auxiliary Hydraulic Lines
One and Two Way Auxiliary Flow
Continuous Auxiliary Flow
Auxiliary Line Quick Disconnects
OPERATOR ENVIRONMENT
Canopy or Cab
Cab with Air Conditioning
Cab with Heater
Top Guard ISO 10262:1998 Level I
ROPS – ISO 12117-2:2008
TOPS – ISO 12117:1997
Stick Steer Mode
Travel Cruise Control
Control Pattern Changer (optional in some regions)
Adjustable Wrist Rests
Washable Floor Mat
Travel Pedals and Hand Levers
No Travel Pedals and Hand Levers
(optional in some regions)
Machine Security
Standard Key with Pass Code
Push to Start with Key Fob/Pass Code
Fabric Suspension Seat (Cab only)
Vinyl Suspension Seat (Canopy only)
Hydraulic Lockout – All Controls
Retractable High Visibility Seat Belt (75 mm/3 in)
Coat Hook
Cup Holder
Storage Pocket
Skylight
Mounting Bosses for Front
Signaling/Warning Horn
Interior Light (Cab only)
Boom Light, Halogen (not available in all regions)
LED Front Lights
LED Front and Rear Lights
LED Boom Light
Utility Space for Mobile Phone
Mirrors, Left, Right and Rear
Camera
Radio – Bluetooth®, Auxiliary, Microphone,
USB (charging only) (Cab only)
Standard Optional
OPERATOR ENVIRONMENT (continued)
Next Generation Color LCD Monitor (IP66)
– Fuel Level and Coolant Temperature Gauges
– Maintenance and Machine Monitoring
– Performance and Machine Adjustments
– Numeric Security Code
– Multiple Languages
– Hour Meter with Wake Up Switch
– Jog Dial (cab only)
Next Generation Advanced Monitor
– Touch Screen
– Site Reference System
– High Definition Camera Capable (IP68 and IP69K)
– Numeric Security Code
UNDERCARRIAGE
Rubber Belt (400 mm/15.7 in)
Steel Track (400 mm/15.7 in)
Steel Track with Rubber Pads
Dozer Straight Blade
Dozer Blade Float
Angle Blade
Tie Downs on Track Frame
BOOM, STICK AND LINKAGES
One Piece Boom (2716 mm/106.9 in)
Standard Stick (1351 mm/53.2 in)
Long Stick (1601 mm/63.0 in)
Front Shovel Capable
Pin-On
Dual Lock Manual Coupler
Hydraulic Coupler
Thumb Ready
Certified Lifting Eye
Attachments including Couplers, Thumbs, Buckets,
Augers and Hammers
2nd Auxiliary Hydraulic Lines
Bucket Divert Lines
Boom Lowering Check Valve
Stick Lowering Check Valve
Hydraulic Quick Coupler Lines
ELECTRICAL
12 Volt Battery
Software (machine and monitor)
Maintenance Free Battery
Battery Disconnect
12 Volt Power Socket
Product Link™ PL243 (regulations apply)
Product Link PLE643 (regulations apply)
Travel Alarm (optional in some regions)
GUARDING
Polycarbonate Half Height Front Guard (Canopy only)
Polycarbonate Front Guard (ISO 10262:1998 Level I and
EN356 P5A)
Heavy Duty Front Guard ISO 10262:1998 Level II
Heavy Duty Top Guard 10262:1998 Level II (Cab only)
OTHER
Bio Oil Capable
Eco Drain
Water Jacket Heater
Counterweight (242 kg/534 lb)
AEHQ8376 (08-2021)
Build Number: 07A
(North America)
For more complete information on Cat products, dealer services, and industry solutions, visit us on the web at www.cat.com © 2021 Caterpillar
All rights reserved
Materials and specifications are subject to change without notice. Featured machines in photos may include additional equipment. See your Cat dealer for available options.
CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, “Caterpillar Corporate Yellow,” the “Power Edge” and Cat “Modern Hex” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.
1 Sourcewell℠ Formerly the National Joint Powers Alliance (NJPA)
REQUEST FOR PROPOSAL
for the procurement of
HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES,
ATTACHMENTS, AND SUPPLIES
RFP Opening
March 22, 2019
8:30 a.m. Central Time
At the offices of Sourcewell
202 12th Street Northeast, Staples, MN 56479
RFP #032119
Sourcewell, formerly the National Joint Powers Alliance® (NJPA), on behalf of Sourcewell and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #032119 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning January 31, 2019. Details may be obtained by letter of request to James Voelker, Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at [email protected]. Proposals will be received until March 21, 2019 at 4:30 p.m. Central Time at the above address and opened March 22, 2019 at 8:30 a.m. Central Time.
RFP Timeline
January 31, 2019 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: www.sourcewellmn.gov/compliance-legal/oregon-advertising and also RFP Appendix B), in the print and online version of The State within the State of South Carolina, the Sourcewell website, MERX, PublicPurchase.com, Biddingo, and Onvia.
March 5, 2019
10:00 a.m. CT
Pre-Proposal Conference (the webcast/conference call). The connection information will be sent to all inquirers two business days before the conference.
March 14, 2019 Deadline for RFP questions.
March 21, 2019
4:30 p.m. CT
Deadline for Submission of Proposals. Late responses will be returned unopened.
March 22, 2019
8:30 a.m. CT
Public Opening of Proposals.
Direct questions regarding this RFP to: James Voelker at [email protected] or 218-895-4191. 2 TABLE OF CONTENTS
1. DEFINITIONS
A. Contract
B. Proposer
C. Sourced Good of Open Market Item
D. Vendor
2. ADVERTISEMENT OF RFP
3. INTRODUCTION
A. About Sourcewell
B. Joint Exercise of Powers Laws
C. Why Respond to a National Cooperative
Procurement Contract
D. The Intent of This RFP
E. Scope of This RFP
F. Expectations for Equipment/Products
and Services Being Proposed
G. Solutions Based Solicitation
4. INSTRUCTIONS FOR PREPARING YOUR
PROPOSAL
A. Inquiry Period
B. Pre-Proposal Conference
C. Identification of Key Personnel
D. Proposer’s Exceptions to Terms and
Conditions
E. Proposal Format
F. Questions & Answers About This RFP
G. Modification or Withdrawal of a
Submitted Proposal
H. Proposal Opening Procedure
I. Sourcewell’s Rights Reserved
5. PRICING
A. Line-Item Pricing
B. Percentage Discount From Catalog or
Category
C. Cost Plus a Percentage of Cost
D. Hot List Pricing
E. Ceiling Price
F. Volume Price Discounts/
Additional Quantities
G. Total Cost of Acquisition
H. Sourced Equipment/Products/
Open Market Items
I. Price and Product Changes
J. Payment Terms
K. Sales Tax
L. Shipping
6. EVALUATION OF PROPOSALS
A. Proposal Evaluation Process
B. Proposer Responsiveness
C. Proposal Evaluation Criteria
D. Other Consideration
E. Cost Comparison
F. Marketing Plan
G. Certificate Of Insurance
H. Order Process and/or Funds Flow
I. Administrative Fees
J. Value Added
K. Waiver of Formalities
7. POST AWARD OPERATING ISSUES
A. Subsequent Agreements
B. Sourcewell Member Sign-up Procedure
C. Reporting of Sales Activity
D. Audits
E. Hub Partner
F. Trade-Ins
G. Out of Stock Notification
H. Termination of a Contract resulting from
this RFP
8. GENERAL TERMS AND CONDIITONS
A. Advertising a Contract Resulting From
This RFP
B. Applicable Law
C. Assignment of Contract
D. List of Proposers
E. Captions, Headings, and Illustrations
F. Data Practices
G. Entire Agreement
H. Force Majeure
I. Licenses
J. Material Suppliers and Sub-Contractors
K. Non-Wavier of Rights
L. Protests of Awards Made
M. Suspension or Disbarment Status
N. Affirmative Action and Immigration
Status Certification
O. Severability
P. Relationship of Parties
Q. Provisions for Non-Federal Entity
Procurements under Federal Awards or
Other Awards
9. FORMS
10. PRE-SUBMISSION CHECKLIST
11. PRICE & PRODUCT CHANGE REQUEST
FORM
12. APPENDIX A
13. APPENDIX B – HI, ID, OR, SC, UT, WA
Political Subdivisions (SEPARATE
ATTACHMENT)
14. APPENDIX C – VA Political Subdivisions
(SEPARATE ATTACHMENT)
15. APPENDIX D – FEMA Terms & Conditions
(SEPARATE ATTACHMENT)
3 1 DEFINITIONS
A. CONTRACT
Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer’s response pursuant to this RFP, and a fully executed Form E (“Acceptance and Award”) with final terms and conditions. Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award.
B. PROPOSER
A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms “respondent” or “proposed Vendor,” which is interchangeable with Proposer as the context allows.
C. SOURCED GOOD or OPEN MARKET ITEM
A Sourced Good or Open Market Item is a product within the RFP’s scope 1) that is not currently available under the Vendor’s Sourcewell contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items.
D. VENDOR
A Proposer whose response has been awarded a contract pursuant to this RFP.
4 2 ADVERTISEMENT OF RFP
2.1 Sourcewell advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake Tribune; 3) on Sourcewell’s website; and 4) on other third-party websites deemed appropriate by Sourcewell. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo.
2.2 Sourcewell also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements.
3 INTRODUCTION
A. ABOUT SOURCEWELL
3.1 Sourcewell, formerly the National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations.
3.2 Under the authority of Minnesota state laws and enabling legislation, Sourcewell facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which Sourcewell Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws.
A complete listing of Sourcewell cooperative procurement contracts can be found at www.sourcewellmn.gov.
3.3 Sourcewell is a public agency governed by publicly elected officials that serve as the Sourcewell Board of Directors. Sourcewell’s Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use.
3.4 Sourcewell currently serves over 50,000 member agencies nationally. Both membership and utilization of Sourcewell contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally.
B. JOINT EXERCISE OF POWERS LAWS
3.5 Sourcewell cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” This Minnesota Statute allows Sourcewell to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at www.sourcewell-mn.gov/compliance-legal.
3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a “joint procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C may agree to be a Joint Purchaser under this RFP.
3.5.2 For Members within Canada, this RFP is intended to include municipalities and publiclyfunded academic institutions, schools boards, health authorities, and social services (MASH 5 sectors). In addition this RFP is intended to include current and potential Members of the Rural Municipalities of Alberta (RMA), and their represented Associations (SARM, SUMA and AMM).
C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT
3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways:
3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual Sourcewell member agencies.
3.6.2 Sourcewell contracts offer our Members nationally leveraged volume purchasing discounts.
Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts.
3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings.
3.8 The collective purchasing power of thousands of Sourcewell Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by a Sourcewell Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified.
3.9 Sourcewell and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process.
D. THE INTENT OF THIS RFP
3.10. National contract awarded by Sourcewell: Sourcewell seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of Sourcewell and its Member agencies. Through a competitive proposal and evaluation process, the Sourcewell Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the Sourcewell Chief Procurement Officer. Sourcewell’s primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for Sourcewell and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and Sourcewell. Contracts are expected to offer price levels reflective of the potential and collective volume of Sourcewell and the nationally established Sourcewell membership base.
3.11 Beyond our primary intent, Sourcewell further desires to:
3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at Sourcewell’s discretion and results from Sourcewell’s contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor’s request. If Sourcewell grants a fifth-year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended 6 contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, Sourcewell may petition Sourcewell’s Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited;
3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP;
3.11.3 Deliver “Value Added” aspects of the company, equipment/products and services as defined in the “Proposer’s Response”;
3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of Sourcewell and Sourcewell Member agencies; and
3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of Sourcewell and the Sourcewell Member agencies.
3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, Sourcewell may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of Sourcewell Members; in other situations, multiple vendors may be in the best interests of Sourcewell and the Sourcewell Members and preferred by Sourcewell to provide the widest array of solutions to meet the member agency’s needs. Sourcewell retains sole discretion to determine which approach is in the best interests of Sourcewell Member agencies.
3.13 Non-Manufacturer Awards: Sourcewell reserves the right to make an award under this RFP to a non-manufacturer or dealer/distributor if such action is in the best interests of Sourcewell and its Members.
3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer’s authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified.
3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. When requested by Sourcewell, Proposers must document their authority to offer those products and/or services.
E. SCOPE OF THIS RFP
3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of Sourcewell and its Member agencies nationally within the scope of HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES.
3.17 Additional Scope Definitions: In addition to HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES, this solicitation should be read to include, but not to be limited to:
7 3.17.1 Subject to section 3.17.2 below, the following types of heavy construction equipment:
wheeled, tracked, and backhoe loaders, motor graders, wheeled and tracked excavators, bulldozers, compactors, scrapers, articulated and rigid haulers, cranes, highway-class asphalt pavers, screeds, pavement milling machines, and rollers.
3.17.2 A Proposer must meet at least one of the following four requirements to be considered within scope of this solicitation. For purposes of Section 3.17.2 and it’s subsections, the term “published” means that the information is readily available through the proposer’s printed literature or website and that the proposer has verified the accuracy of the information:
3.17.2.1 At least one wheel loader with published net horsepower (HP) of at least 330 HP, and a crawler excavator with published net HP of at least 500 HP and maximum operating weight of at least 150,000 lbs.
3.17.2.2 At least one motor grader with a published maximum operating weight of at least 30,000 lbs.
3.17.2.3 At least one crane with a published maximum lifting capacity of at least 300 tons and a published maximum boom length of at least 150 feet.
3.17.2.4 At least one highway-class asphalt paver with a published maximum operating weight of at least 19,000 lbs.
3.17.3 Sourcewell reserves the right to limit the scope of this solicitation for Sourcewell and current and potential Sourcewell member agencies.
3.17.3.1 This solicitation should NOT be construed to include any of the following:
a. Construction services
b. Equipment accessory, attachment and supply only solutions, or c. Vendors whose primary business is covered under categories included in the following Sourcewell RFPs:
i. Medium Construction Equipment with Related Accessories, Attachments, and Supplies (See Sourcewell RFP #042815)
ii. Portable Construction and Maintenance Equipment and Trailers with Related Accessories, Attachments, and Supplies (See Sourcewell RFP #052015)
iii. Grounds Maintenance Equipment, Attachments, Accessories, and Related Services (See Sourcewell RFP #062117)
iv. Forklifts, Lift Trucks, and Related Material Handling Equipment, Attachments, Accessories, and Services (See Sourcewell RFP #101816)
v. Roadway Maintenance Equipment with Related Accessories, Attachments, Materials, and Supplies (See Sourcewell RFP #052417) vi. Public Utility Equipment with Related Accessories and Supplies (See Sourcewell #012418)
3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement.
3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 8 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure.
3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by Sourcewell, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by Sourcewell.
3.19 Best and Most Responsive – Responsible Proposer: It is the intent of Sourcewell to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of Sourcewell and Sourcewell Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of Sourcewell and Sourcewell member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service Sourcewell Members in all 50 states are preferred. Sourcewell requests proposers submit their entire line of products and services as it applies and relates to the scope of this RFP.
3.20 Sealed Proposals: Sourcewell will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law.
Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to Sourcewell and its current or qualifying future Sourcewell Member agencies.
3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of Sourcewell and its Members. Sourcewell and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process.
3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to Sourcewell, and current and potential Sourcewell Members, only those products/equipment and services specifically awarded on their Sourcewell Awarded Contract(s). Awarded Vendors may not offer as “contract compliant,” products/equipment and services which are not specifically identified and priced in their Sourcewell Awarded Contract.
3.23 Sole Source of Responsibility- Sourcewell desires a “Sole Source of Responsibility” Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. Sourcewell also desires sole responsibility with regard to:
3.23.1 Scope of Equipment/Products/Services: Sourcewell desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and potential Members.
3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services:
Sourcewell desires a single source of responsibility for equipment/products and services proposed.
Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options include:
3.23.3 Multiple solutions to the needs of Sourcewell and Sourcewell Members are possible.
Examples could include:
9 3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where Sourcewell or Sourcewell Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed.
3.23.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because Sourcewell and Sourcewell Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors.
3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice “of good, better, best” multiple-grade solutions to meet Sourcewell Members’ needs.
3.23.3.4 Proven – Accepted – Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet Sourcewell Members’ needs.
3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of Sourcewell and its Members within the scope of this RFP. Sourcewell prefers Proposers submit their complete product line of products and services described in the scope of this RFP. Sourcewell reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award.
3.24 Geographic Area to be Proposed: This RFP invites proposals to provide HEAVY
CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES to Sourcewell and Sourcewell Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to Sourcewell Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute.
3.25 Contract Term: At Sourcewell’s option, a Contract resulting from this RFP will become effective either on the date awarded by the Sourcewell Executive Director and Chief Procurement Officer or on the day following the expiration date of an existing Sourcewell procurement contract for the same or similar product/equipment and services.
3.25.1 Sourcewell is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by Sourcewell to Vendor beyond the original four year term if Sourcewell deems such action to be in the best interests of Sourcewell and its Members. Sourcewell reserves the right to conduct periodic business reviews throughout the term of the contract.
3.26 Minimum Contract Value: Sourcewell anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. Sourcewell does not guarantee usage. Usage will depend on the actual needs of the Sourcewell Members and the value of the awarded contract.
3.27 [This section is intentionally blank.]
3.28 Contract Availability: This Contract must be available to all current and potential Sourcewell Members who choose to utilize this Sourcewell Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 10 3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to be a “joint procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser.
3.28.2 For Members within Canada, this RFP is intended to include municipalities and publiclyfunded academic institutions, schools boards, health authorities, and social services (MASH sectors). In addition this RFP is intended to include current and potential Members of the Rural Municipalities of Alberta (RMA), and their represented Associations (SARM, SUMA and AMM).
3.29 Proposer’s Commitment Period: In order to allow Sourcewell the opportunity to evaluate each proposal thoroughly, Sourcewell requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened.
F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED
3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements of Sourcewell and its Members.
3.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal.
3.30.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause Sourcewell to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to:
3.30.2.1 demonstrate the Proposer’s knowledge of industry standards and Member agency needs and expectations;
3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs and expectations of Sourcewell Member agencies; and
3.30.2.3 differentiate equipment/products and services from other industry manufacturers and providers.
3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein.
3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes.
3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the Sourcewell Member’s site. Exceptions to “delivered and operational” must be clearly disclosed in the “Total Cost of Acquisition” section of the proposal.
3.34 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by 11 industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the warranty will be passed on to the Sourcewell member. Failure to submit a minimum warranty may result in non-award.
3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended.
G. SOLUTIONS-BASED SOLICITATION
3.36 The Sourcewell solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a “Solutions-Based Solicitation.” Sourcewell expects respondents to understand and anticipate the current and future needs of Sourcewell and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of Sourcewell and our member agencies within the defined scope of this RFP.
3.37 While Sourcewell does not typically provide product and service specifications, the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members’ needs.
Sourcewell may award all of the respondent’s proposal or may limit the award to a subset of the proposal. 3 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL
A. INQUIRY PERIOD
4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission.” RFP packages will be distributed to potential Vendors during the inquiry period.
B. PRE-PROPOSAL CONFERENCE
4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Only answers issued by written addendum by Sourcewell to questions asked before the deadline for questions are binding on the parties to an awarded contract.
C. IDENTIFICATION OF KEY PERSONNEL
4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to Sourcewell. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines.
4.4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and Sourcewell.
D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS
4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 12 4.6 Exceptions, deviations or contingencies requested in the Proposer’s response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal.
E. PROPOSAL FORMAT
4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal.
4.8 All proposals must be properly labeled and sent to “Sourcewell, 202 12th Street NE Staples, MN 56479.”
4.9 All proposals must be physically delivered to Sourcewell at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response.
The proposal must include these items.
4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP;
4.9.2 Signed hard copies of all addenda issued for the RFP;
4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and
4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format.
As a public agency, Sourcewell’s proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date.
4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.
4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the Sourcewell form and that the document is readable by Sourcewell.
4.12 The Proposer must ensure that the proposal is in the physical possession of Sourcewell before the submission deadline.
4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to Sourcewell and prominently identifying the proposal number, proposal category name, the message “Hold for Proposal Opening,” and the deadline for proposal submission. Sourcewell is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read.
4.13 Proposers are responsible for checking directly on the Sourcewell website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline.
F. QUESTIONS AND ANSWERS ABOUT THIS RFP
13 4.14 Upon examination of this RFP document, Proposers should promptly notify Sourcewell of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by Sourcewell through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them.
4.15 Submit all questions about this RFP, in writing, referencing HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES to James Voelker at Sourcewell, 202 12th Street NE, Staples, MN 56479 or to [email protected]. You may also call James Voelker at 218-895-4191. Sourcewell urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. Sourcewell may, however, field purely procedural questions, questions about Sourcewell-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline.
4.16 If Sourcewell deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, Sourcewell will create an addendum to this RFP.
4.17 If Sourcewell deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required.
4.18 Addenda are written instruments issued by Sourcewell that modify or interpret the RFP. All addenda issued by Sourcewell become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. Sourcewell accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the Sourcewell website at www.sourcewell-mn.gov (under “Solicitations”) and from the Sourcewell offices. All Proposers must acknowledge their receipt of all addenda in their proposal response.
4.19 Any amendment to a submitted proposal must be in writing and must be delivered to Sourcewell by the RFP submission deadline.
4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL
4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the Sourcewell Procurement Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to Sourcewell before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions.
H. PROPOSAL OPENING PROCEDURE
4.23 Sealed and properly identified responses for this RFP entitled HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES will be received by Chris Robinson, Procurement Manager, at Sourcewell Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. Sourcewell documents the receipt of proposals by immediately time- and date-stamping them. At the time of the public opening, 14 the Sourcewell Director of Procurement or a representative from the Sourcewell Proposal Evaluation Committee will read the Proposer’s names aloud and will determine whether each submission has met Level-1 responsiveness.
I. SOURCEWELL’S RIGHTS RESERVED
4.24 Sourcewell may exercise the following rights with regard to the RFP.
4.24.1 Reject any and all proposals received in response to this RFP;
4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP;
4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal;
4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by Sourcewell, and 3) the modifications make the terms of the proposal more favorable to Sourcewell or its members;
4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP;
4.24.6 Extend the Contract, in increments determined by Sourcewell, not to exceed a total Contract term of five years;
4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to Sourcewell;
4.24.8 Correct or amend the RFP at any time with no cost or penalty to Sourcewell. If Sourcewell corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. Sourcewell will not be liable for any errors in the RFP or other responses related to the RFP; and
4.24.9 Extend proposal due dates.
5 PRICING
5.1 Sourcewell requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative.
5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, Sourcewell makes no guarantees about the quantity of products or services that members will purchase.
The estimated annual value of this contract is $200 Million.
Vendors are expected to anticipate additional volume through potential government, educational, and notfor-profit agencies that would find value in a national contract awarded by Sourcewell.
5.3 Regardless of the payment method selected by Sourcewell or an Sourcewell member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase.
15 5.4 All proposers must submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as “Hot List,” “Sourced Products,” and “Volume Discounts,” as well as financing options such as leasing. All pricing documents should include a clear effective date.
A. LINE-ITEM PRICING
5.5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format.
5.6 All line-item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members.
5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal.
5.8 Line-item pricing must be submitted to Sourcewell in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services.
5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs.
5.10 Proposers should provide both a published “List Price” as well as a “Proposed Contract Price” in their pricing matrix. Published List Price will be the standard “quantity of one” price currently available to government and educational customers, excluding cooperative and volume discounts.
B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY
5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services being proposed.
5.12 Individualized percentage discounts can be applied to any number of defined product groupings.
5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services.
5.14 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
C. COST PLUS A PERCENTAGE OF COST
5.15 “Cost plus a percentage of cost” as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services.
D. HOT LIST PRICING
5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as “Hot List” pricing, at greater discounts than those listed in the standard Contract pricing. All product and 16 service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to Sourcewell. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an Sourcewell Price and Product Change Form.
5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all Sourcewell Members.
E. CEILING PRICE
5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by Sourcewell. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an Sourcewell Member.
5.19 [This section is intentionally blank.]
F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES
5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION
5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by Sourcewell Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. For example, if you are proposing equipment/products FOB Proposer’s dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user’s location.
H. SOURCED GOOD or OPEN MARKET ITEM
5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor’s Sourcewell contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members’ needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items.
5.26 Sourcewell or Sourcewell Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor’s line-item price list or catalog. These items are known as Sourced Goods or Open Market Items.
5.27 An awarded Vendor may source such items to the extent that the items are identified as “Sourced Products/Equipment” or “Open Market Items” on any quotation issued in reference to an Sourcewell awarded contract, and that this information is provided to either Sourcewell or an Sourcewell Member.
Sourcewell is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under a Sourcewell contract.
5.28 “Cost plus a percentage” pricing is an acceptable option in pricing of Sourced Goods. 17 I. PRODUCT & PRICE CHANGES
5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the Sourcewell Price and Product Change Request Form (located at the end of this RFP and on the Sourcewell website), signed by an authorized Vendor representative. All changes are subject to review and approval by Sourcewell. Submit your requests through email to your assigned Contract Manager and to [email protected].
5.30 Sourcewell will determine whether the request is both within the scope of the original RFP and in the best interests of Sourcewell and Sourcewell Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email.
5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product and price change naming convention: (Vendor Name) (Sourcewell Contract #) (effective pricing date); for example, “COMPANY 012411-CPY effective 02-12-2016.”
5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing.
5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.
5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available.
5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially.
Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost-of-living index may be considered unreasonable. Although Sourcewell is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract.
5.35.1 Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies.
5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard.
5.36 through 5.37 [These sections are intentionally blank.]
5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP.
18 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX
5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each Sourcewell Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, Sourcewell Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP.
L. SHIPPING
5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor’s shipping program. Shipping charges should reasonably reflect the actual cost of shipping. Sourcewell understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor’s profit, Sourcewell may reduce the points awarded in the “Pricing” criteria.
5.46 through 5.47 [These sections are intentionally blank.]
5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to Sourcewell Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects.
5.49 through 5.50 [These sections are intentionally blank.]
5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to Sourcewell or Sourcewell Members. Sourcewell and Sourcewell Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery.
5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from Sourcewell or the Sourcewell Member.
5.53 Sourcewell reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the Sourcewell Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the Sourcewell member.
5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products.
6 EVALUATION OF PROPOSALS
19 A. PROPOSAL EVALUATION PROCESS
6.1 The Sourcewell proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the “Warranty” criterion does not apply to a particular RFP, the points normally awarded under “Warranty” may be used to increase the number of potential points in another evaluation category or categories.) The “Pricing” criterion will contain at least a plurality of points for every RFP.
6.2 Sourcewell uses a scoring system that gives primary importance to “Pricing.” But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer’s offering represents the best value. The evaluation committee may consider such factors as life-cycle costs, total cost of ownership, quality, and the suitability of an offering in meeting Sourcewell Members’ needs. Pricing points may be awarded based on pricing clarity and ease of use. Sourcewell may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities.
6.3 The Sourcewell Executive Director and Chief Procurement Officer will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness,” found just below.
B. PROPOSER RESPONSIVENESS
6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive.
6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive.
6.6 Level-One Responsiveness means that the response
6.6.1 is received before the deadline for submission or it will be returned unopened;
6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time;
6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if “not applicable” is the answer;
6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP;
6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and
6.7 Level-Two Responsiveness (including whether the response is within the RFP’s scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer’s responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry-Specific Questions may 20 help determine scoring relative to a Proposer’s marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response.
C. PROPOSAL EVALUATION CRITERIA
6.8 Forms A and P include a series of questions that address the following categories:
6.8.1 Company Information and Financial Strength
6.8.2 Industry Requirements and Marketplace Success
6.8.3 Ability to Sell and Deliver Service Nationwide
6.8.4 Marketing Plan
6.8.5 Other Cooperative Procurement Contracts
6.8.6 Value-Added Attributes
6.8.7 Payment Terms and Financing Options
6.8.8 Warranty
6.8.9 Equipment/Products/Services
6.8.10 Pricing and Delivery
6.8.11 Industry-Specific Questions
6.9 [This section is intentionally blank.]
D. OTHER CONSIDERATIONS
6.10 In evaluating RFP responses, Sourcewell has no obligation to consider information that is not provided in the Proposer’s response. Sourcewell may, however, consider additional information outside the Proposer’s response. This research may include such sources as the Proposer’s website, industry publications, listed references, and user interviews.
6.11 Sourcewell may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, Sourcewell might receive numerous submissions for “Widgets and Related Products and Services.” Sourcewell may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. Sourcewell reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows Sourcewell to award Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of Sourcewell Members.
6.12 [This section is intentionally blank.]
6.13 Sourcewell reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and Sourcewell will return such products after the evaluation process. Sourcewell may make provisional contract awards, subject to a Proposer’s proper response to a request for information or products.
21 6.14 A Proposer’s past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer’s current response. Past performance includes the Proposer’s record of conforming to published specifications and to standards of good workmanship, as well as the Proposer’s history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award.
6.15 Sourcewell reserves the right to reject any or all proposals.
E. COST COMPARISON
6.16 Sourcewell may use a variety of evaluation methods, including cost comparisons of specific products.
Sourcewell reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination.
6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. Sourcewell will select the “Market Basket” from all appropriate product categories as determined by Sourcewell.
F. MARKETING PLAN
6.18 A Proposer’s marketing plan is a critical component of the RFP response. An awarded Vendor’s sales force will likely be the primary source of communication with Sourcewell Members and will directly affect the contract’s success. Marketing success depends on communicating the contract’s value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor’s sales teams. Sourcewell reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan.
6.19 Sourcewell marketing expectations include the following components.
6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to Sourcewell members in all 50 states. Proposers’ responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but Sourcewell encourages related services to be a part of Proposers’ response.
Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, Sourcewell reserves the right to award contracts that meet specific Member needs locally or regionally.
6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an Sourcewell contract to current and potential Members nationwide.
Sourcewell desires a marketing plan that communicates the value of the contract to as many Members as possible.
6.19.3 Proposers are expected to be receptive to Sourcewell trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. Sourcewell commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of Sourcewell to offer the contract to its Members, the value and utility the contract delivers to Sourcewell Members, the scope of Sourcewell Membership, the authority of 22 Members to use Sourcewell procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies.
6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the Sourcewell contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the Sourcewell contract, as well as the internal procedures needed to deliver the appropriate messaging to Sourcewell Members.
Sourcewell will provide a general schedule and a variety of methods describing when and how those individuals should be trained.
6.19.5 Proposers should outline their proposed involvement in promoting a Sourcewell contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with Sourcewell at Sourcewell-endorsed national trade shows.
6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contractspecific marketing materials including the following items.
6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the Sourcewell contract to current and potential Sourcewell Members.
Sourcewell requires awarded Vendors to embrace and actively promote the contract in cooperation with Sourcewell.
6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the Sourcewell directory and other approved marketing publications.
6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded Sourcewell contract.
6.19.6.4 Proposer’s Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer’s website. An online shopping experience for Sourcewell Members is desired whenever possible.
6.19.7 A Sourcewell Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the Sourcewell office in Staples, MN unless the Vendor and Sourcewell agree to a different location.
6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate Sourcewell membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by Sourcewell.
G. CERTIFICATE OF INSURANCE
6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying Sourcewell as a “Certificate Holder.” The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 23 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, Sourcewell will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified.
6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract.
6.23.1 Minimum Scope and Limits of Insurance. A n a w a r d e d Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.
6.23.1.1 Commercial General Liability—Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage.
6.23.1.2 Each Occurrence $1,500,000
6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. Sourcewell does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and t h e Vendor is free to purchase additional insurance as may be determined necessary.
6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. Sourcewell does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency.
6.26 Subcontractors: Vendors’ certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to Sourcewell separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above.
H. ORDER PROCESS AND/OR FUNDS FLOW
6.27 Sourcewell Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to Sourcewell’s Members.
6.28 [This section is intentionally blank.]
I. ADMINISTRATIVE FEES
6.29 Vendors will pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating this Contract with its current and potential Members. Sourcewell may grant a conditional contract award to a 24 Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for Sourcewell to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue.
6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by Sourcewell Members under this Contract, including anything represented to Sourcewell Members as falling under this Contract.
6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer’s response to the RFP. Awarded Vendors must not charge Sourcewell Members more that permitted in the then current price list in order to offset the administrative fee.
6.29.3 The administrative fee is designed to cover the costs of Sourcewell’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law.
6.29.4 The typical administrative fee under this Contract is two percent (2%). While Sourcewell does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that “we agree to pay an administrative fee” is considered nonresponsive. Sourcewell acknowledges that the administrative fee percentage may differ between vendors, industries, and responses.
6.29.5 Sourcewell awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with Sourcewell in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract.
6.29.6 [This section is intentionally blank.]
6.30 through 6.32 [This section is intentionally blank.] J. VALUE–ADDED ATTRIBUTES
6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in Sourcewell’s evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP.
6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some Sourcewell Members give formal preference to certain types of vendors or contractors.
Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity “credits” to Sourcewell and Sourcewell Members under a Contract will be evaluated positively by Sourcewell and reflected in the “value added” area of the evaluation.
6.35 Environmentally Preferred Purchasing Opportunities: Many Sourcewell Members consider the environmental impact of the products and services they purchase. “Green” characteristics demonstrated by Proposers will be evaluated positively by Sourcewell and reflected in the “value added” area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency.
6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier 25 for Sourcewell Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer’s ordering process.
6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute.
6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes.
K. WAIVER OF FORMALITIES
6.39 Sourcewell reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members.
7 POST-AWARD OPERATING ISSUES
A. SUBSEQUENT AGREEMENTS
7.1 Purchase Order. Purchase orders for products and services may be executed between Sourcewell Members and the awarded Vendor (or Vendor’s sub-contractors) under this Contract. Sourcewell Members and Vendors must indicate on the face of such purchase orders that “This purchase order is issued under Sourcewell contract #XXXXXX” (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between Sourcewell and an awarded Vendor after an award is made.
7.2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included.
If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member.
7.3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by Sourcewell, Sourcewell Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry-specific requirements of law such as prevailing wage legislation.
Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a “net 30” payment requirement to the purchase order instead of applying a “net 10” requirement. But the added terms and conditions must not be less favorable to the Member unless Sourcewell, the Member, and the Vendor agree to a Contract amendment or similar modification.
7.4 Specialized Service Requirements. In the event that the Sourcewell Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the Sourcewell Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the Sourcewell Member and Vendor. Sourcewell, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. Sourcewell Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract.
26 7.5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, Sourcewell recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member, the Member’s state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member.
7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of Sourcewell’s contracts by (among other things) extending the use and re-use of products.
Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract.
B. SOURCEWELL MEMBER SIGN-UP PROCEDURE
7.7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of Sourcewell membership documentation and will encourage and assist potential Members in establishing membership with Sourcewell. Sourcewell membership is available at no cost, obligation, or liability to the Member or the Vendor.
C. REPORTING OF SALES ACTIVITY
7.8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by Sourcewell Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased.
7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales.
D. AUDITS
7.9 Sourcewell relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all Sourcewell contracts. Nonetheless, the Vendor must retain and make available to Sourcewell all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. Sourcewell must not request such information more than once per calendar year, and Sourcewell must make such requests in writing with at least fourteen (14) days’ notice. Sourcewell may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with Sourcewell or its agents in order to ensure compliance with this Contract.
E. HUB PARTNER
7.10 Hub Partner: Sourcewell Members may request special services through a “Hub Partner” for the purpose of complying with a law, regulation, or rule that an Sourcewell Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means.
7.11 Hub Partner Fees: Sourcewell Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the 27 Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is “Executed for the Benefit of [Sourcewell Member name].” F. TRADE-INS
7.12 The value in US Dollars for Trade-ins will be negotiated between Sourcewell or an Sourcewell Member, and an Awarded Vendor. That identified “Trade-In” value shall be viewed as a down payment and credited in full against the Sourcewell purchase price identified in a purchase order issued pursuant to any Awarded Sourcewell procurement contract. The full value of the trade-in will be consideration.
G. OUT OF STOCK NOTIFICATION
7.13 The Vendor must immediately notify Sourcewell Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list.
H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE
7.14 Sourcewell reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, Sourcewell will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches.
7.14.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty;
7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time;
7.14.3 Sourcewell reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, Sourcewell issues a request for assurance, and the Vendor fails to respond;
7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract;
7.14.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by Sourcewell and the Vendor;
7.14.6 The Vendor fails to properly report quarterly sales;
7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the Sourcewell contract launch.
7.15 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to Sourcewell. If the Vendor fails to reasonably address all issues in the written notice, Sourcewell may terminate the Contract immediately. If Sourcewell allows the Vendor more time to remedy the breach, such forbearance does not limit Sourcewell’s authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial, product, or service obligations incurred before the termination.
7.16 Sourcewell may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to Sourcewell any litigation, bankruptcy, or 28 suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes Sourcewell to immediately terminate the Contract.
7.17 Sourcewell may terminate the Contract without cause by giving the Vendor sixty (60) days’ written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination.
7.18 Sourcewell may immediately terminate any Contract without further obligation if any Sourcewell employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of Sourcewell has colluded with any Proposer for personal gain. Sourcewell may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of Sourcewell. Such terminations are effective upon written notice from Sourcewell or at a later date designated in the notice.
Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination.
8 GENERAL TERMS AND CONDITIONS
8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP
8.1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by Sourcewell. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential Sourcewell Members.
B. APPLICABLE LAW
8.2 [This section is intentionally blank.]
8.3 Sourcewell Compliance with Minnesota Procurement Law: Sourcewell has designed its procurement process to comply with best practices in the State of Minnesota. Sourcewell’s solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each Sourcewell Member must make its own determination whether Sourcewell’s solicitation process satisfies the procurement rules in the Member’s jurisdiction.
8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern Sourcewell contracts resulting from this solicitation.
8.5 Jurisdiction: Any claims that arise against Sourcewell pertaining to this RFP, and any resulting contract that develops between Sourcewell and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to.
8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to.
8.6 through 8.7 [This section is intentionally blank.]
8.8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. Sourcewell’s liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law.
29 8.9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the Sourcewell Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly.
8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless Sourcewell and Sourcewell Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, Sourcewell, or Sourcewell Members by any person on account of the use or sale of any articles by Sourcewell or Sourcewell Members if the Vendor supplied such articles in violation of applicable patent or copyright laws.
C. ASSIGNMENT OF CONTRACT
8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by Sourcewell. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of Sourcewell. Sourcewell will notify Members by posting approved assignments on the Sourcewell website (www.sourcewell-mn.gov).
8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. Sourcewell reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor.
D. LIST OF PROPOSERS
8.13 Sourcewell will not maintain a list of interested proposers, nor will it automatically send RFPs to them.
All interested proposers must request the RFP as a result of Sourcewell’s national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, Sourcewell has determined this to be the best method of fairly soliciting proposals.
E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request.
F. DATA PRACTICES
8.15 All materials submitted in response to this RFP become Sourcewell’s property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements.
8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The Sourcewell Legal Department will review the request to determine whether the information can be withheld or redacted. If Sourcewell determines that it must disclose the information upon a proper request for such information, Sourcewell will inform the Proposer of such determination.
8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless Sourcewell, its agents, and employees, from any judgments or damages awarded against Sourcewell in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, 30 the Proposer agrees that this indemnification survives as long as Sourcewell possesses the confidential information.
8.16 [This section is intentionally blank.]
G. ENTIRE AGREEMENT
8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract.
A Contract resulting from this RFP is formed when the vendor, Sourcewell Executive Director and Chief Procurement Officer approves and signs the applicable Contract Award & Acceptance document (Form E).
H. FORCE MAJEURE
8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours.
8.19 through 8.20 [These sections are intentionally blank.] I. LICENSES
8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Sourcewell Members.
8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to Sourcewell and Sourcewell Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer’s response to this RFP.
J. MATERIAL SUPPLIERS AND SUB-CONTRACTORS
8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by Sourcewell or a Sourcewell Member.
K. NON-WAIVER OF RIGHTS
8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by Sourcewell to take action or to assert any right hereunder does not constitute a waiver of such right. 31 L. PROTESTS OF AWARDS MADE
8.25 Any protests must be filed with Sourcewell’s Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with Sourcewell within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items.
8.25.1 The name, address, and telephone number of the protester;
8.25.2 The original signature of the protester or its representative (you must document the authority of the representative);
8.25.3 Identification of the solicitation by RFP number;
8.25.4 Identification of the statute or procedure that is alleged to have been violated;
8.25.5 A precise statement of the relevant facts;
8.25.6 Identification of the issues to be resolved;
8.25.7 The aggrieved party’s argument and supporting documentation;
8.25.8 The aggrieved party’s statement of potential financial damages; and
8.25.9 A protest bond in the name of Sourcewell and in the amount of 10% of the aggrieved party’s statement of potential financial damages.
M. SUSPENSION OR DISBARMENT STATUS
8.26 If within the past five (5) years, any firm, business, person or Proposer responding to a Sourcewell solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists.
N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION
8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by Sourcewell or Sourcewell Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests.
8.28 Immigration Status Certification may be required by Sourcewell or Sourcewell Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests.
O. SEVERABILITY
8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP.
P. RELATIONSHIP OF PARTIES
32 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between Sourcewell and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, masterservant, principal-agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein.
Q. PROVISIONS FOR NON-FEDERAL ENTITY PROCUREMENTS UNDER FEDERAL AWARDS OR OTHER AWARDS; AIRPORT IMPROVEMENT PROGRAM PROVISIONS
8.31 Procurements by Sourcewell or Sourcewell Members utilizing funds under a federal grant or contract may be subject to specific federal laws, regulations, and requirements in addition to those under state and local laws. Applicable law may include, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR Part 200 (also referred to as the “Uniform Guidance” or “EDGAR”). The terms included in this section express Proposers willingness and ability to comply with certain requirements which may be applicable to specific Sourcewell Member purchases using federal grant or contract dollars. Sourcewell Members may also require Proposers to enter into ancillary agreements, in addition to the Sourcewell contract’s general terms and conditions, to address the Member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. Sourcewell reserves the right at any time within a contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these requirements. The numbering and identification contained within this section is only for reference purposes and does not identify any actual Federal designation or location of the rule. Rules are located in 2 CFR Part 200.
8.32 Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Sourcewell reserves all rights and privileges under the applicable laws and regulations with respect to this procurement process in the event of breach of contract by either party.
8.33 Contracts in excess of $10,000 must address termination for cause and for convenience by the nonFederal entity including the manner by which it will be effected and the basis for settlement.
Sourcewell reserves the right to terminate any agreement resulting from this procurement process pursuant to Sourcewell RFP sections 7.13 and 7.17. Prior to any termination for cause, Sourcewell will provide written notice to the Proposer, opportunity to respond and opportunity to cure. Sourcewell reserves the right to terminate any agreement resulting from this procurement process without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination.
8.34 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” This provision is hereby incorporated by reference into all applicable contracts.
33 The equal opportunity clause is incorporated by reference herein.
8.35 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
Proposer shall be in compliance with all applicable Davis-Bacon Act provisions.
8.36 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into all applicable contracts.
Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Proposer shall comply with applicable requirements as referenced above.
8.37 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Proposer shall comply with applicable requirements as referenced above.
8.38 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387). Contracts and subgrants of amounts in excess of $150,000 require the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). 34 Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Proposer shall comply with applicable requirements as referenced above.
8.39 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Proposer nor its principals shall be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
8.40 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. 1352). Proposers shall file any required certifications. Proposers shall not have used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Proposers shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Proposers shall file all certifications and disclosures required by, and otherwise comply with, the Byrd AntiLobbying Amendment (31 USC 1352).
8.41 Record Retention Requirements. To the extent applicable, Proposer shall comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
8.42 Energy Policy and Conservation Act Compliance. To the extent applicable, Proposer shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
8.43 Buy American Provisions Compliance. To the extent applicable, Proposer agrees to comply with 49 U.S.C. § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. Purchases made in accordance with the Buy American Act shall follow the applicable procurement rules calling for free and open competition.
8.44 Title VI Solicitation Notice. Sourcewell, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises or airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
8.45 Trade Restriction Certification. To the extent applicable, Proposer will comply with the provision in 49 U.S.C. § 50104 regarding certification and notice requirements for firm ownership or control by one or 35 more citizens of a foreign county listed by the Office of the United States Trade Representative as discriminating against U.S. firms.
8.46 Procurement of Recovered Materials. To the extent applicable, Proposer agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.
8.47 Access to Records (2 CFR § 200.336). Proposer agrees that duly authorized representatives of an Agency shall have access to any books, documents, papers and records of Proposer that are directly pertinent to Proposer’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Proposer’s personnel for the purpose of interview and discussion relating to such documents. 9 FORMS
[THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.]
36 Form A
PROPOSER QUESTIONNAIRE- General Business Information
(Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: ____________________________Questionnaire completed by: ________________________________ Please identify the person Sourcewell should correspond with from now through the Award process:
Name: _____________________________________ E-Mail address: _______________________________________ Please answer and submit the electronic version of the questions below in Microsoft Word® This allows Sourcewell evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question.
Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark “NA” if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions.
Company Information & Financial Strength
1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business.
2) Provide a brief history of your company, including your company’s core values, business philosophy, and longevity in the HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES industry.
3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company’s expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP.
Are these individuals your employees, or the employees of a third party? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP.
10) Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services.
37 Industry Recognition & Marketplace Success
12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for Sourcewell membership. At a minimum, please include the entity’s name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years?
17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years?
Proposer’s Ability to Sell and Deliver Service Nationwide 18) Describe your company’s capability to meet Sourcewell Member’s needs across the country. Your response should address at least the following areas.
a) Sales force.
b) Dealer network or other distribution methods.
c) Service force.
Please include details, such as the locations of your network of sales and service providers, the number of workers (fulltime equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises.
20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any Sourcewell Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories.
Marketing Plan
22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your Sourcewell pricing and other contract detail to your sales force nationally.
23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format.
24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness.
38 25) In your view, what is Sourcewell’s role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process?
26) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it.
Value-Added Attributes
27) Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell Members.
Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each.
30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) certifications that your company or hub partners have obtained.
31) What unique attributes does your company, your products, or your services offer to Sourcewell Members? What makes your proposed solutions unique in your industry as it applies to Sourcewell members? 32) Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada. 33) Sourcewell Members may intend to use funds from a federal grant or contract under the Federal Emergency Management Agency (FEMA). In that event, state your ability and willingness to complete, execute, and provide the “Required FEMA Terms and Conditions Certification” form attached as Appendix D to the RFP.
NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P.
Signature: __________________________________________________________ Date: ________________________ 39 Form B
PROPOSER INFORMATION
Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________ City/State/Zip: ___________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________ Toll-Free Number: ___________________________ E-mail: __________________________________ Website Address: _______________________________________________________________________________
COMPANY PERSONNEL CONTACTS
Authorized signer for your organization
Name: _________________________________________________________________________________ Email: _________________________________________________Phone: ___________________________________ The person identified here must have proper signing authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer.
Who prepared your RFP response?
Name:__________________________________________________Title:______________________________________ Email: _________________________________________________Phone:_____________________________________ Who is your company’s primary contact person for this proposal? Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Other important contact information
Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ 40 Form C
EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS,
AND SOLUTIONS REQUEST
Company Name: _____________________________________________________________________________ Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer’s response. The Proposer acknowledges that the exceptions listed may or may not be accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below.
Section/page
Term, Condition, or
Specification Exception
Sourcewell
ACCEPTS
Proposer’s Signature: ______________________________________________________ Date: ________________ Sourcewell’s clarification on exceptions listed above:
41 Contract Award
RFP #032119
FORM D
Formal Offering of Proposal
(To be completed only by the Proposer)
HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES In compliance with the Request for Proposal (RFP) for HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal.
Company Name: _______________________________ Date: ___________________________________________ Company Address: _______________________________________________________________________________ City:_________________________________________ State: ____________ Zip: __________________________ CAGE Code/DUNS:____________________________
Contact Person: ________________________________ Title: ___________________________________________ Authorized Signature: ____________________________________________________________________________ (Name printed or typed)
42 FORM E
CONTRACT ACCEPTANCE AND AWARD
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) Sourcewell Contract #: 032119-XXX
Proposer’s full legal name: TBD
Based on Sourcewell’s evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell.
The effective date of the Contract will be MM DD, YYYY and will expire on MM DD, YYYY (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell’s discretion.
Sourcewell Authorized Signatures:
_____________________________________________ Jeremy Schwartz
SOURCEWELL DIRECTOR OF COOPERATIVE CONTRACTS (NAME PRINTED OR TYPED)
AND PROCUREMENT/CPO SIGNATURE
_____________________________________________ Chad Coauette
SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED) Awarded on MM DD, YYYY Sourcewell Contract # 032119-XXX --------------------------------------------------------------------------------------------------------------------------------------------------------------------- Vendor Authorized Signatures:
The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.
Vendor Name _____________________________________________________________________ Authorized Signatory’s Title _________________________________________________________ _____________________________________________ _____________________________________________
VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED)
Executed on _____________, 20___ Sourcewell Contract # 032119-XXX 43 Form F
PROPOSER ASSURANCE OF COMPLIANCE
Proposal Affidavit Signature Page
PROPOSER’S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.
2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer’s RFP response.
4. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation.
5. The Proposer agrees to deliver 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 firstquality products and related services to Sourcewell Members under an awarded Contract.
6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
7. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act.
8. The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.
[The rest of this page has been left intentionally blank. Signature page below]
44 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above.
Company Name:
Address: ____________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________ Telephone Number: ______________________________________________________________ E-mail Address:______________________________________________________________________________ Authorized Signature: _________________________________________________________________________ Authorized Name (printed): ______________________________________________________________________ Title: _______________________________________________________________________________________ Date: _______________________________________________________________________________________ Notarized
Subscribed and sworn to before me this ______________ day of ___________________, 20______________ Notary Public in and for the County of __________________________________________ State of __________ My commission expires: _______________________________________________________________________ Signature: __________________________________________________________________________________
45 Form G
OVERALL EVALUATION AND CRITERIA
For the Proposed Subject HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES,
ATTACHMENTS, AND SUPPLIES
Conformance to RFP Terms and Conditions 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service Nationwide 100
Marketing Plan 50
Value-Added Attributes 75
Warranty 50
Depth and Breadth of Offered Products and Related
Services
200
Pricing 400
TOTAL POINTS 1000
Reviewed by: _________________________________________ Its_________________________________ _________________________________________Its_________________________________
46 Form P
PROPOSER QUESTIONNAIRE
Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry-Specific Questions Proposer Name: _________________________________________________________________________ Questionnaire completed by: ______________________________________________________________ Payment Terms and Financing Options
1) What are your payment terms (e.g., net 10, net 30)?
2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members’ purchase orders. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell Members for using this process?
Warranty
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions.
Do your warranties cover all products, parts, and labor? Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair?
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? What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal.
Pricing, Delivery, Audits, and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal.
8) 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. (Keep in mind 47 that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is
________a. the same as the Proposer typically offers to an individual municipality, university, or school district.
________b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
_________c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
________d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) 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.
13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial/pre-delivery inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If travel expense, delivery or shipping is an additional cost to the Sourcewell Member, describe in detail the complete travel expense, shipping and delivery program.
15) Specifically describe those travel expense, shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery.
16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please 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 Members 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.
18) 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 RFP Section 6.29 and following for details.)
Industry-Specific Questions
19) Describe any industry-specific quality management system certifications obtained by your organization. 20) Describe any environmental management system certifications obtained by your organization. 21) Describe any preventive maintenance programs that your organization offers for the solutions you are proposing in your response.
Signature: ___________________________________________________________Date: _______________________ 48 10 PRE-SUBMISSION CHECKLIST
Check
when
Completed Contents of Your Bid Proposal
Hard Copy Required
Signed and Dated
Electronic Copy
Required – Flash
Drive or CD
Form A: Proposer Questionnaire with all
questions answered completely X – signature page only X Form B: Proposer Information
X
Form C: Exceptions to Proposal, Terms,
Conditions, and Solutions Request X
X
Form D: Formal Offering of Proposal X
X
Form E: Contract Acceptance and Award X
Form F: Proposers Assurance of Compliance X X
Form P: Proposer Questionnaire with all
questions answered completely X – signature page only X Certificate of Insurance with $1.5 million
coverage X X
Copy of all RFP Addendums issued by
Sourcewell X X
Pricing for all Products/Equipment/Services
within the RFP being proposed X
Entire Proposal submittal including signed
documents and forms X
All forms in the Hard Copy Required Signed
and Dated should be inserted in the front of
the submitted response, unbound
Package containing your proposal labeled
and sealed with the following language:
“Competitive Proposal Enclosed, Hold for
Public Opening XX-XX-XXXX”
Response Package mailed and delivered
prior to deadline to:
Sourcewell, 202 12th St NE, PO Box 219
Staples, MN 56479
49 11 SOURCEWELL VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor
Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this Sourcewell Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the Sourcewell Procurement Manager and to approval by Sourcewell’s Chief Procurement Officer. Submit request through email to your assigned Sourcewell Contract Administrator.
Sourcewell will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of Sourcewell and Sourcewell Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact.
The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product/price change naming convention: (Vendor Name) (Sourcewell Contract #) (effective pricing date); for example, “Acme Widget Company #012416-AWC eff. 01-01-2017.” NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing.
ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP.
DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP.
PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example, a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20% increase in petroleum costs.
Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies.
Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost-of-living index. Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases.
Refer to the RFP for complete “Pricing” details.
Section 2. Vendor Name and Type of Change Request
CHECK ALL CHANGES THAT APPLY:
AWARDED VENDOR NAME: ☐ Adding
Products/Services
vices
☐ Deleting
Products/Services
☐ Price Increase
SOURCEWELL CONTRACT
NUMBER:
☐ Price Decrease
50 Section 3. Detailed Explanation of Need for Changes
List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.)
Provide a general statement and documentation explaining the reasons for these price and/or product changes.
EXAMPLES: 1) “All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase).” 2) “The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher’s efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from the previous pricing until the remaining inventory is liquidated.” If adding products, state how these are within the scope of the original RFP.
If changing prices or adding products or services, state how the pricing is consistent with existing Sourcewell contract pricing.
51 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor’s Contract Administrator. ☐ Yes ☐ No
Section 5. Signatures
__________________________________________________________ ________________________ Vendor Authorized Signature Date
____________________________________________
Print Name and Title of Authorized Signer
__________________________________________________________ _________________________ Jeremy Schwartz Date
Sourcewell Director of Cooperative Contracts and Procurement/CPO 52 Appendix A
Sourcewell on behalf of itself and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution.
For your reference, the links below include some, but not all, of the entities included in this proposal. http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/
https://www.census.gov/2010census/partners/pdf/FIPS_StateCounty_Code.pdf http://nccs.urban.org/sites/all/nccs-archive/html//PubApps/search.php https://www.usa.gov/tribes#item-37647
http://www.usa.gov/Agencies/State-and-Territories.shtml Oregon
Hawaii
Washington
(A) Pursuant to 44 CFR 13.36(i)(1), Sourcewell is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Vendor’s compliance with the terms of the request for proposal and contract award, including but not limited to those remedies set forth at 44 CFR 13.43. _____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (B) Pursuant to 44 CFR 13.36(i)(2), Sourcewell may terminate the contract award for cause or convenience in accordance with the procedures set forth in the request for proposal and contract award and those provided by 44 CFR 13.44.
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (C) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Vendor shall comply with the following federal laws during the term of an award for this contract by Sourcewell:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Appendix D
SOURCEWELL℠ (Formerly NJPA) AWARDED VENDOR
REQUIRED FEMA TERMS AND CONDITIONS CERTIFICATION
Procurements by Sourcewell℠ (Formerly NJPA) or Sourcewell Members utilizing funds under a federal grant or contract funded all or in part by the Federal Emergency Management Agency (FEMA) may be subject to specific federal laws, regulations, and requirements in addition to those under other federal, state and local laws. This may include, but is not limited to, the procurement standards of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Title 44 of the Code of Federal Regulations, Part 13 (44 CFR Part 13).
The terms included in this section express Vendors willingness and ability to comply with certain requirements which may be applicable to specific Sourcewell Member purchases using FEMA grant or contract dollars.
Sourcewell Members may also require Proposers to enter into ancillary agreements, in addition to the Sourcewell contract’s general terms and conditions, to address a Member’s specific contractual needs, including contract requirements for a procurement using FEMA grants or contracts. Sourcewell reserves the right at any time within a contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these requirements.
Note: The numbering and identification contained within this section is only for reference purposes and does not identify any actual Federal designation or location of the rule. Rules are located in 44 CFR Part 13. 1 f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (D) Pursuant to 44 CFR 13.36(i)(7), Vendor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. _____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (E) Pursuant to 44 CFR 13.36(i)(8), Vendor agrees to the following provisions regarding patents:
a. During the term of an award for this contract by Sourcewell, all rights to inventions and/or discoveries that arise or are developed, in the course of or under this request for proposal and contract award, shall belong to the Sourcewell Member and be disposed of in accordance with their policy. Sourcewell and Sourcewell members, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (F) Pursuant to 44 CFR 13.36(i)(9), Vendor agrees to the following provisions, regarding copyrights:
a. During the term of an award for this contract by Sourcewell, any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
(1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. _____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (G) Pursuant to 44 CFR 13.36(i)(10), Vendor shall maintain any books, documents, papers, and records of the Vendor which are directly pertinent to this request for proposal and contract award. At any time during normal business hours and as often as Sourcewell or Sourcewell Members deems necessary, Vendor shall permit Sourcewell or Sourcewell Member, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (H) Pursuant to 44 CFR 13.36(i)(11), Vendor shall retain all required records for three years after FEMA or Sourcewell or Sourcewell Members makes final payments and all other pending matters are closed. In addition, Vendor shall comply with record retention requirements set forth in 44 CFR 13.42 Appendix D 2
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative Vendor agrees to comply with federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that Vendor certifies compliance with provisions, laws, acts, regulations, etc. as noted above.
This certification shall be effective through the term of the Vendor’s Sourcewell awarded contract.
Vendor: ___________________________________________________________________ Contract number: ___________________________________________________________________ Category: ___________________________________________________________________ Maturity date: ___________________________________________________________________ Address: ___________________________________________________________________ City, state, zip code: ___________________________________________________________________ Phone number: ___________________________________________________________________ Printed name and title of
authorized representative: ___________________________________________________________________ Signature of authorized
representative: ___________________________________________________________________ Date: ___________________________________________________________________ Appendix D 3
ADDENDUM ONE (1)
to that certain
Sourcewell RFP #032119
Issued by
Sourcewell ℠ (Formerly NJPA)
for the procurement of
HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES,
ATTACHMENTS, AND SUPPLIES
Consider the following to be part of the above‐titled RFP: Appendices B, C and D.
Appendices B, C and D, referenced as items 13, 14 and 15 respectively in the RFP Table of Contents, were erroneously omitted from the version of the RFP document originally published on the Sourcewell website and provided to inquirers. Appendices B, C and D are attached to this Addendum, and have now been added to the posted version of the RFP document.
Acknowledgment of Addendum One (1) to RFP #032119 emailed on February 21, 2019.
COMPANY NAME: _________________________________________________ SIGNATURE: _________________________________________________ DATE: ________________________________
Please include this signed Addendum with your RFP response. (A) Pursuant to 44 CFR 13.36(i)(1), Sourcewell is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Vendor’s compliance with the terms of the request for proposal and contract award, including but not limited to those remedies set forth at 44 CFR 13.43. _____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (B) Pursuant to 44 CFR 13.36(i)(2), Sourcewell may terminate the contract award for cause or convenience in accordance with the procedures set forth in the request for proposal and contract award and those provided by 44 CFR 13.44.
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (C) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Vendor shall comply with the following federal laws during the term of an award for this contract by Sourcewell:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and Appendix D
SOURCEWELL℠ (Formerly NJPA) AWARDED VENDOR
REQUIRED FEMA TERMS AND CONDITIONS CERTIFICATION
Procurements by Sourcewell℠ (Formerly NJPA) or Sourcewell Members utilizing funds under a federal grant or contract funded all or in part by the Federal Emergency Management Agency (FEMA) may be subject to specific federal laws, regulations, and requirements in addition to those under other federal, state and local laws. This may include, but is not limited to, the procurement standards of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Title 44 of the Code of Federal Regulations, Part 13 (44 CFR Part 13).
The terms included in this section express Vendors willingness and ability to comply with certain requirements which may be applicable to specific Sourcewell Member purchases using FEMA grant or contract dollars.
Sourcewell Members may also require Proposers to enter into ancillary agreements, in addition to the Sourcewell contract’s general terms and conditions, to address a Member’s specific contractual needs, including contract requirements for a procurement using FEMA grants or contracts. Sourcewell reserves the right at any time within a contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these requirements.
Note: The numbering and identification contained within this section is only for reference purposes and does not identify any actual Federal designation or location of the rule. Rules are located in 44 CFR Part 13. 1 f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (D) Pursuant to 44 CFR 13.36(i)(7), Vendor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. _____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (E) Pursuant to 44 CFR 13.36(i)(8), Vendor agrees to the following provisions regarding patents:
a. During the term of an award for this contract by Sourcewell, all rights to inventions and/or discoveries that arise or are developed, in the course of or under this request for proposal and contract award, shall belong to the Sourcewell Member and be disposed of in accordance with their policy. Sourcewell and Sourcewell members, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (F) Pursuant to 44 CFR 13.36(i)(9), Vendor agrees to the following provisions, regarding copyrights:
a. During the term of an award for this contract by Sourcewell, any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
(1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. _____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (G) Pursuant to 44 CFR 13.36(i)(10), Vendor shall maintain any books, documents, papers, and records of the Vendor which are directly pertinent to this request for proposal and contract award. At any time during normal business hours and as often as Sourcewell or Sourcewell Members deems necessary, Vendor shall permit Sourcewell or Sourcewell Member, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative (H) Pursuant to 44 CFR 13.36(i)(11), Vendor shall retain all required records for three years after FEMA or Sourcewell or Sourcewell Members makes final payments and all other pending matters are closed. In addition, Vendor shall comply with record retention requirements set forth in 44 CFR 13.42 Appendix D 2
_____________________________________________________________________________________________ Vendor Agrees (YES or NO) Initials of Authorized Representative Vendor agrees to comply with federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that Vendor certifies compliance with provisions, laws, acts, regulations, etc. as noted above.
This certification shall be effective through the term of the Vendor’s Sourcewell awarded contract.
Vendor: ___________________________________________________________________ Contract number: ___________________________________________________________________ Category: ___________________________________________________________________ Maturity date: ___________________________________________________________________ Address: ___________________________________________________________________ City, state, zip code: ___________________________________________________________________ Phone number: ___________________________________________________________________ Printed name and title of
authorized representative: ___________________________________________________________________ Signature of authorized
representative: ___________________________________________________________________ Date: ___________________________________________________________________ Appendix D 3
Proposal Opening Record
Date of opening: March 22, 2019
The public opening of all responses received to the Request For Proposal #032119 for the procurement of HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES was witnessed by the following individuals:
Carol Jackson, Sourcewell
Sheila Christoffersen, Sourcewell
Kim Austin, Sourcewell
Steff Haataja, Sourcewell
Greg Grunig, Sourcewell
Craig West, Sourcewell
James Voelker, Sourcewell
Michael Munoz, Sourcewell
Scott Carr, Sourcewell
Chris Robinson, Sourcewell
Josh Meech, Sourcewell
Responses were received from the following:
BOMAG Americas, Inc. ‐ received 3/21/19 at 11:25:14 AM
Proposer deemed responsive
Caterpillar Inc. – received 3/15/19 at 11:08:37 AM
Proposer deemed responsive
CNH Industrial America LLC – received 3/15/19 at 11:08:27 AM Proposer deemed responsive
Doggett Heavy Machinery ‐ received 3/20/19 at 11:48:28 AM Proposer deemed Level‐One Non‐Responsive
Form A not completed
Form C not signed
Form P not completed
Doosan Infracore North America, LLC – received 3/19/19 at 11:33:03 AM Proposer deemed responsive
Dynapac North America LLC – received 3/20/19 at 11:05:58 AM Proposer deemed responsive
Certificate of Insurance omitted
Grove U.S. L.L.C. (dba Manitowac) ‐ received 3/19/19 at 11:17:18 AM Proposer deemed responsive
Hyundai Construction Equipment Americas, Inc. – received 3/20/19 at 11:05:26 AM Proposer deemed responsive
John Deere Construction Retail Sales ‐ received 3/19/19 at 11:17:12 AM Proposer deemed responsive
DocuSign Envelope ID: F01575AC-4F0C-4D2F-A021-11A3A57DBC2C Kobelco Construction Machinery USA, Inc. – received 3/12/19 at 11:55:55 AM Proposer deemed responsive
Komatsu America Corp. – received 3/19/19 at 11:32:55 AM Proposer deemed responsive
Link Belt Cranes ‐ received 3/21/19 at 11:25:06 AM
Proposer deemed responsive
Roadtec, Inc – received 3/19/19 at 11:32:46 AM
Proposer deemed responsive
Volvo Construction Equipment North America, LLC – received 3/18/19 at 11:45:54 AM Proposer deemed responsive
Addendum One omitted
Volvo Construction Equipment North America, LLC – received 3/20/19 at 11:48:32 AM Proposer deemed responsive
Addendum One added to original proposal
Wirtgen America, Inc. – received 3/20/19 at 11:05:34 AM Proposer deemed responsive
Proposals are evaluated first on level‐one responsiveness and that determination is noted above. Level‐one responsiveness requires, among other things, that the response be received before the deadline for the submission and that the response include completed copies (with signatures) of the requested forms.
Proposers that are deemed level‐one responsive must provide any missing documentation or remedy a noted deficiency within a reasonable time in order to remain responsive. Respondents must not provide additional substantive information when sending missing documentation. _____________________________________________ _____________________________________ James Voelker, CPCM, CFCM, Procurement Lead Analyst Carol Jackson, Procurement Analyst III
DocuSign Envelope ID: F01575AC-4F0C-4D2F-A021-11A3A57DBC2C RFP # 032119
BOMAG Americas, Inc. Caterpillar Inc. CNH Industrial America LLC Doosan Infracore North
America, LLC Dynapac North America LLC
Grove U.S. L.L.C. (dba
Manitowoc)
Hyundai Construction
Equipment Americas, Inc.
Possible Points
Conformance to Terms/ Conditions to Include Documentation 50 40 46 44 37 34 41 40Pricing 400 352 359 321 313 346 347 353Financial, Industry and Marketplace Successes 75 64 70 68 61 60 66 59Bidder's Ability to Sell/ Service Contract Nationally 100 82 92 89 78 83 84 79Bidder's Marketing Plan 50 37 44 44 38 39 42 39Value Added Attributes 75 56 70 66 56 62 60 65Warranty Coverages and Information 50 42 45 44 39 39 41 46Selection and Variety of Products and Services Offered 200 159 186 176 156 154 159 168Total Points 1000 832 912 852 778 817 840 849Rank Order 8 1 5 12 10 7 6 John Deere Construction
Retail Sales
Kobelco Construction
Machinery USA, Inc. Komatsu America Corp. Link Belt Cranes Roadtec, Inc Volvo Construction Equipment
North America, LLC Wirtgen America, Inc.
Possible Points
Conformance to Terms/ Conditions to Include Documentation 50 42 37 43 34 41 43 41Pricing 400 344 264 345 342 313 337 320Financial, Industry and Marketplace Successes 75 66 52 63 66 60 68 64Bidder's Ability to Sell/ Service Contract Nationally 100 91 74 90 82 72 91 84Bidder's Marketing Plan 50 41 46 44 40 36 45 38Value Added Attributes 75 67 62 67 65 59 70 63Warranty Coverages and Information 50 43 42 44 42 36 44 40Selection and Variety of Products and Services Offered 200 181 151 177 160 156 180 157Total Points 1000 875 728 873 831 773 878 807Rank Order 3 14 4 9 13 2 11 ________________________________________ _________________________ __________________________ James Voelker, CPCM, CFCM, Sourcewell Greg Grunig, Sourcewell Carol Jackson, Sourcewell ______________________________________ ________________________ Michael Munoz, Sourcewell Craig West, Sourcewell
Form G
HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES DocuSign Envelope ID: BF761C4D-7D5B-4B3C-947E-209599537EE6 Letter of Agreement
To Extend the Contract
Between
Caterpillar Inc.
100 NE Adams St.
Peoria, IL 61629
And
Sourcewell
202 12th Street NE
Staples, MN 56479
Phone: (218) 894-1930
The Vendor and Sourcewell have entered into an Agreement (Contract #032119-CAT) for the procurement of Heavy Construction Equipment with Related Accessories, Attachments and Supplies. This Agreement has an expiration date of May 13, 2023, but the parties may extend the Agreement for one additional year by mutual consent.
The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell’s members. The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on May 14, 2024. All other terms and conditions of the Agreement remain in force.
Sourcewell
By: ___________________________________________, Its: Director of Operations & Procurement/CPO
Name printed or typed: Jeremy Schwartz___________________________________________
Date
Caterpillar Inc.
By: ___________________________________________, Its: _________________________
Name printed or typed: _________________________________________________________ Date
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2023 Sourcewell Caterpillar Cooperative Contract Discounts by Model Machine Model* New
Equipment
2023 Discount to Customer
(Off List Price)
Pavers
AP300 18.00% NOTE: Due to global supply chain cost increases:
AP355 18.00% 1. All new machines are subject to a commodity surcharge of up to 20%. (In some cases, increased tire costs may cause this number to be greater) AP400 18.00% 2. All new attachments are subject to a commodity surcharge of up to 25%.
AP455 18.00%
AP500 18.00%
AP555 18.00%
AP600 18.00%
AP655 18.00%
AP1000 18.00%
AP1055 18.00%
Rollers
CB1.7 19.00%
CB1.8 19.00%
CB7 19.00%
CB8 19.00%
CB10 19.00%
CB13 19.00%
CB15 19.00%
CB16 19.00%
CB2.5 19.00%
CB2.5GC 19.00%
CB2.7 19.00%
CB2.7GC 19.00%
CB2.9 19.00%
CB4.0 19.00%
CB4.4 19.00%
CC2.7 19.00%
CC2.7GC 19.00%
CC4.0 19.00%
CCS9 19.00%
CP11GC 19.00%
CP12GC 19.00%
CP34 19.00%
CP44 19.00%
CP54 19.00%
CP56 19.00%
CP68 19.00%
CP74 19.00%
CS10GC 19.00%
CS11GC 19.00%
CS12GC 19.00%
CS34 19.00%
CS44 19.00%
CS54 19.00%
CS56 19.00%
CS64 19.00%
CS68 19.00%
CS74 19.00%
CS78 19.00%
CW16 19.00%
CW34 19.00%
Track Type Tractors
D1 23.00%
D1 Fire Dozer 23.00%
D2 23.00%
D2 Fire Dozer 23.00%
D3 23.00%
D3 Fire Dozer 23.00%
D4 23.00%
D5 23.00%
D5 Fire Dozer 23.00%
D6 23.00%
D7 19.00%
D8 19.00%
D9 OTO
D10 OTO
Wheeled Excavators
M314 26.00%
M315 26.00%
M316 26.00%
M318 26.00%
M319 26.00%
M320 26.00%
M322 26.00%
Material Handlers
MH3022 26.00%
MH3024 26.00%
MH3026 26.00%
MH3040 26.00%
Cold Planers
PM310 20.00%
PM312 20.00%
PM313 20.00%
PM620 20.00%
PM622 20.00%
PM820 20.00%
PM822 20.00%
PM825 20.00%
Reclaimers
RM400 20.00%
RM500 20.00%
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar Machine price list.
1 of 8 #Caterpillar: Confidential Green
Machine Model* New
Equipment
2023 Discount to Customer
(Off List Price)
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar Machine price list.
Telehandlers
TH255 23.00%
TH3510 24.00%
TH357 24.00%
TH408 24.00%
TL642 24.00%
TL943 24.00%
TL1055 24.00%
TL1255 24.00%
Motor Graders
120 34.00%
140 30.00%
140GC 30.00%
150 30.00%
160 30.00%
14 19.00%
Skid Steer Loaders
226 21.00%
232 21.00%
236 21.00%
242 21.00%
246 21.00%
262 21.00%
272 21.00%
Compact Track Loaders
239 21.00%
249 21.00%
259 21.00%
279 21.00%
289 21.00%
299 21.00%
299XE Land Management 21.00%
2 of 8 #Caterpillar: Confidential Green
Machine Model* New
Equipment
2023 Discount to Customer
(Off List Price)
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar Machine price list.
Excavators
300.9 20.00%
301.5 20.00%
301.7 20.00%
301.8 20.00%
302 20.00%
302.7 20.00%
303 20.00%
303.5 20.00%
304 20.00%
305 20.00%
306 20.00%
307.5 20.00%
308 20.00%
309 20.00%
310 20.00%
313 15.00%
313GC 16.00%
315 19.00%
315GC 20.00%
317 19.00%
317GC 20.00%
320 15.00%
320GC 16.00%
323 15.00%
325 15.00%
326 15.00%
330 15.00%
330GC 16.00%
335 15.00%
336 15.00%
340 15.00%
350 10.00%
352 10.00%
374 10.00%
Forest Machines
538 15.00%
548 15.00%
558 15.00%
568 15.00%
Backhoe Loaders
415 22.00%
416 22.00%
420 22.00%
428 Side Shift 22.00%
430 22.00%
432 Side Shift 22.00%
434 Side Shift 22.00%
440 22.00%
450 22.00%
Wheel Tractor Scrapers
621 18.00%
623 18.00%
627 18.00%
631 18.00%
637 18.00%
651 18.00%
657 18.00%
Articulated Trucks
725 17.00%
730 17.00%
735 17.00%
740 17.00%
740GC 17.00%
745 17.00%
Rigid Frame Trucks
770 3.00%
772 3.00%
773 3.00%
Landfill Compactors
816 12.00%
826 12.00%
836 12.00%
Wheel Dozers and Soil Compactors
814 15.00%
815 13.00%
816 15.00%
824 15.00%
825 13.00%
834 15.00%
Wheel Loaders
903 23.00%
906 23.00%
907 23.00%
908 23.00%
910 23.00%
914 23.00%
920 24.00%
926 24.00%
930 24.00%
938 24.00%
950GC 20.00%
950M 18.00%
962 18.00%
966 15.00%
3 of 8 #Caterpillar: Confidential Green
Machine Model* New
Equipment
2023 Discount to Customer
(Off List Price)
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar Machine price list.
966GC 20.00%
972 11.00%
980 11.00%
982 11.00%
988 11.00%
Track Loaders
953 19.00%
963 22.00%
973 23.00%
Aftermarket Worktools 15.00%
Caterpillar Safety Services 15.00%
Technology Enabled Safety
Solutions N/A
Used Equipment is discounted 20% from Original Customer List Rental Equipment is offered under Sourcewell contract #062320-CAT Parts & Service is discounted by the servicing dealer according to work order volume 4 of 8 #Caterpillar: Confidential Green
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 08
Subject: Consideration of a Final Authorization to Implement Community Choice Aggregation in Nevada City through the City’s Participation in the Pioneer Community Energy JPA; Authorize the City Manager to Execute the Authorization; and Approve Resolution 2023-11: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2022-63 and Approving the Appointment of City Council
Members to Internal and External Committees and Regional Bodies Through June 30, 2023 to Appoint Councilmember
Petersen to the Pioneer Community Energy JPA Board.
From: Sean Grayson, City Manager
Date: March 13, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve final authorization of the City’s participation in the Pioneer Community Energy JPA, authorize the City Manager to execute the authorization, and approve the resolution appointing the a councilmember to the Board.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022, Regular City Council meeting, the City Council adopted Ordinance 2022-12 Authorizing the Implementation of a Community Choice Aggregation Program and adopted Resolution 2022-64 Requesting Membership in Pioneer Community Energy. The California Public Utility Commission approved the Implementation Plan and the city is now eligible to join the Pioneer Energy JPA and the JPA will begin providing power in Nevada City beginning January 1, 2024. In order to begin delivering power under this timeline the JPA needs to begin to purchase power on behalf of Nevada City customers by the end of March 2023. In order to do this, the JPA required final authorization from the City. This action is the “final offramp” as described in the JPA initiation process. This action would authorize the City Manager to execute the authorization in order to provide the final authorization to the JPA.
In joining the JPA the City has an obligation to appoint a City Councilmember to serve on the JPA Board.
Councilmember Petersen has previously offered to serve on the JPA Board. The Mayor has recommended Councilmember Petersen for this assignment. Adoption of the resolution would add this assignment to the list of internal and external committees and regional bodies appointment list.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
The adoption of the Resolution does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5).
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2023-11
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY REPEALING AND REPLACING RESOLUTION NO. 2022-63 AND APPROVING THE
APPOINTMENT OF CITY COUNCIL MEMBERS TO INTERNAL AND EXTERNAL COMMITTEES AND REGIONAL BODIES THROUGH JUNE 30, 2023
WHEREAS, after each annual City Council reorganization and seating of a new Mayor and Vice Mayor, the newly seated Mayor reviews and makes certain appointments of Council Members to serve on various internal and external committees and regional bodies; and WHEREAS, on October 26, 2022, the City Council adopted Resolution 2023-63 confirming the Mayor’s appointments by resolution and rescinding all previous appointments; and
WHEREAS, the City of Nevada City has joined the Pioneer Community Energy Joint Powers Authority (JPA) and desires to appoint a City Councilmember to represent the City on the JPA; and
WHEREAS, the City Council desires to continue participate in both internal and external committees and regional bodies by assignment;
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves:
1. That City Council Members are appointed to the internal and external committees and regional bodies as listed in Exhibit A.
2. That all previous assignments to internal and external committees and regional bodies are rescinded.
3. That this resolution is effective immediately upon its enactment by the City Council.
4. That the City Manager and Deputy City Clerk are directed to transmit this resolution to all external committees and regional bodies.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 22nd day of March, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
EXHIBIT A
City Council Member Internal and External Committee and Regional Body Appointments July 1, 2022 – June 30, 2023
External Committees and Regional Bodies Primary 2nd Primary Alternate 2nd Alternate
Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Petersen Nevada County Connects Transit Services Committee Fernández Petersen Nevada County Economic Resource Council (NCERC) Fleming Kline Nevada City / Grass Valley Cultural District Fernández Kline League of California Cities (voting member) Fleming Fernández Petersen Regional Housing Fleming Fernández
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Petersen Fleming Nevada City Rancheria Nisenan Tribal Liaison Fernández
Pioneer Community Energy JPA Petersen
Internal Committees Primary 2nd Primary
Fire Safety Advisory Ceci Kline
Policing Petersen Fernández
Housing Fleming Fernández
Water Petersen Ceci
Business and Industry Ceci Kline
Vibrancy Fernández Kline
Infrastructure Petersen Ceci
Parks and Recreation Fleming Petersen
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 09
Subject: Consideration of Public Announcement of Future Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy
From: Sean Grayson, City Manager
Date: March 13, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
At the September 14, 2022, City Council meeting two community members were reappointed and three community members were newly appointed to a two-year term on the Fire Safety Advisory Committee by the City Council. One of the reappointed members has announced their intention to resign from the committee upon appointment of a replacement. The City Council adopted Standards and Procedures section
5.2(e) specifies, among other requirements, that a public announcement of the vacancy be announced at a City Council meeting. This item meets that requirement. Upon adoption of this item staff will post the vacancy and announce the recruitment by application to fill the vacancy at City Hall, online, and through various media sources. Any applications received will be presented to the Fire Safety Advisory Committee at a future meeting, the committee will recommend someone for appointment, and the recommendation will return to the City Council for appointment consideration. Anyone appointed to the committee must meet the requirement of appointment 5.3(a) that the be and remain residents of the City of Nevada City.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
None.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 10
Subject: Second Reading and Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management,
Defensible Space, Burning and Fireworks Regulations
From: Sean Grayson, City Manager
Date: March 13, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt the ordinance.
ISSUE STATEMENT AND DISCUSSION:
At the March 8, 2023 regular City Council meeting, the City Council introduced Ordinance 2023-03 in regard to changes sections of the municipal code related to vegetation management, defensible space, burning, and fireworks regulations.
The City has long had a vegetation management ordinance as part of the Municipal Code that regulates vegetation management, burning and fireworks. The City’s Fire Safety Advisory Committee had previously made recommendations in relation to the update of the ordinance in 2022. The committee is tasked with advising the City Council in relation to the FIRE strategic initiative from the City’s 2022-2027 Strategic Plan. Among the goals under the initiative are goal #2, “Assess community needs for achieving compliance with fire related ordinances to include plans for private property fuels mitigation, green waste hauling, and related activities”. The City Council approved 2023 workplan for the Fire Safety Advisory Committee includes activity #1, “Review current Nevada City current ordinances to identify possible opportunities to integrate wildfire mitigation objectives,” which addresses, in part, goal #2 of the fire strategic initiative.
Staff prepared updates to the vegetation management ordinance which were reviewed by the committee on January 19, 2023. Based upon input of the committee a significant rewrite of the ordinance format was developed by staff and presented to the committee on February 16, 2023. Consensus input was provided and the committee also approved two motions, the motion specific to the ordinance adoptions was, The Fire Safety Advisory Committee recommends that the City Council: 1. Requests City staff to revise Section 8.10.230 of the Vegetation Management ordinance to incorporate the defensible space zone system employed by CalFire, Nevada County Office of Emergency Services, and Firewise communities. Several examples are in the appendices of our report (“Recommendations on Proposed Vegetation Ordinance and Related Issues,” Nevada City Fire Safety Advisory Committee, April 11, 2022.).
A complete rewrite/re-envisionment of the ordinance created to address the input of the committee and the community. The rewritten ordinance was presented to the committee on March 3, 2023. The committee recommended several changes within the ordinance. The committee approved a motion to, “advise the City Council to retain and enhance the ordinance by keeping the public safety exemption for burning that had been eliminated in drafts of the ordinance presented by staff”. This change was made within the ordinance by adding 8.10.080(5) which is the language of the existing ordinance that allows for the issuance of a special permit for health and public safety to authorize burning. Staff had removed this language in draft revisions to address the long standing prohibition of burning within the City and the actions of previous City Councils to deny consideration of the issuance of such permits. The committee also approved a motion to recommend the ordinance, with the noted revisions, for the City Council’s adoption.
The proposed ordinance amendment is a complete replacement of the existing city ordinance. The ordinance would be separate and apart from the analogous ordinance that the City of Grass Valley utilizes although Grass Valley may pursue a similar comprehensive change. The proposed ordinance is now aligned instead with the enforceable standards applicable to the unincorporated areas surrounding Nevada City within the unincorporated county areas. The proposed ordinance uses the language of the referenced state and county regulations and/or laws. Specifically, the parcel defensible space obligations found in the California Public Resources Code Section (PRC) 4291 as reproduced by reference in Section 4906 of the California Fire Code and the expanded defensible space obligations found in Title 2, Chapter IV, Chapter 7 of the Nevada County, California County Code which supplements PRC 4291. Using this approach, the existing inspection forms, educational materials, and outreach information available from CalFire and Nevada County could be used by Nevada City as Nevada City would have the same enforceable standards as the unincorporated county areas.
The city specific enforcement standards from other sections of the municipal code and the prohibition on fireworks are unchanged from the previous ordinance but are formatted to match the proposed ordinance content. The prohibition on outdoor burning other than exempted remains intact however the allowance for staff permitted open burning has been removed based upon previous direction and action of the City Council.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no direct financial impact related to action.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Fire: Wildfire and structural fire prevention, mitigation, and education. The action specifically addresses, in part, goal #2, “Assess community needs for achieving compliance with fire related ordinances to include plans for private property fuels mitigation, green waste hauling, and related activities”.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Ordinance 2023-03
ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING CHAPTERS 8.10 (“VEGETATION MANAGEMENT, DEBRIS REMOVAL AND ABATEMENT”) OF TITLE 8 (“HEALTH AND SAFETY”) OF THE CITY OF NEVADA CITY MUNICIPAL CODE, RELATING
TO FIRE CONTROL, DEFENSIBLE SPACE, BURNING, AND FIREWORKS
REGULATIONS
WHEREAS, the City of Nevada City has established regulations related to vegetation management, debris removal and abatement within the City of Nevada City Municipal Code; and WHEREAS, the State of California and County of Nevada have established regulations with regard to fire control and defensible space that apply to the unincorporated areas surrounding Nevada City; and
WHEREAS, the City of Nevada City desires to provide a consistent, understandable and actionable set of regulations with regard to fire control and defensible space that align with those of the State of California and County of Nevada; and
WHEREAS, in order to align the regulations of the City of Nevada City with those of the State of California and County of Nevada it is prudent to amend the pertinent Nevada City Municipal Code provisions so that they mirror those of the State of California and County of Nevada; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Section 15378 (b)(5) of the California Code of Regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2. Chapter 10 of Title 8 of the Nevada City Municipal Code is hereby redesignated “Chapter 8.10 - FIRE CONTROL, DEFENSIBLE SPACE, BURNING, AND FIREWORKS REGULATIONS” and amended to read as follows:
8.10.010 – Purpose and Findings
1. The City supports the improved parcel defensible space obligations found in California Public Resources Code Section (PRC) 4291. Similarly, the city supports the expanded parcel defensible space obligations found in Title 2, Chapter IV, Article 7 of the Nevada County, California County Code (NCCCC) which supplements PRC 4291, to ensure defensible space is maintained on parcels adjacent to improved parcels and along emergency access and evacuation routes and fire access easements so that landowners benefit from defensible space on adjacent parcels where appropriate.
2. To enhance public safety and to encourage efficient enforcement and administration of defensible space obligations, this Chapter adopts within the City enforceable standards that mirror the components of PRC 4291 and NCCCC Title 2, Chapter IV, Chapter 7. These standards are enacted as local amendments to the California Building Standards Code and California Fire Code as adopted by the City in Chapters 15.04 (“Building Standards”) and
15.08 (“Fire Safety Standards and California Fire Code Amendments”) of this code. This chapter extends and supplements state law, utilizing the same requirements as provided by PRC 4291, to ensure defensible space is maintained on improved parcels, on parcels adjacent to improved parcels, and along emergency access and evacuation routes and fire access easements so that landowners benefit from defensible space on adjacent parcels.
3. During the wildland fire season as defined by the California Department of Forestry and Fire Protection (CalFire), the city generally has a dry, arid climate conducive to wildfires. The City also has a very diverse and complex landscape, which includes dry, brush-covered and grass-covered wildlands, mountainous areas, dense heavily forested properties and other terrains which are home to vital watersheds and many sensitive plant and animal species.
Many of the City’s native and non-native plant species can be highly combustible during normal dry periods and have contributed to significant wildfires within the city. Difficult topography and terrain exacerbate the fire danger and the difficulty of fighting wildfires and have resulted in catastrophic fire losses to life, property and the environment.
4. Of paramount importance to the City is the protection of lives and structures from the threat of wildfire and the safety of firefighters and law enforcement during wildfires. The proper establishment of defensible space benefits property owners, public safety personnel and all citizens of the City. Defensible space dramatically increases the likelihood that structures will survive a wildfire, promotes firefighter safety during a firestorm, and generally aids in the protection of lives.
5. The purpose of this Chapter is to provide for the removal of hazardous vegetation and combustible material from around the exterior of improvements situated in the City in order to reduce the potential for fire and to promote the public health, safety and welfare. It is the further purpose of this Chapter to establish a hazardous vegetation reduction program that provides a process to identify and abate hazardous vegetation on parcels to preserve life and property, while at the same time protecting sensitive plant and animal species and protecting against significant erosion and sedimentation. The removal of hazardous vegetation in the areas subject to this Chapter is recognized as an essential action homeowners and property owners can take to increase the chances that homes, structures, and other property will survive a wildfire while also protecting the natural environment. Regular fuels management and modifications consistent with the requirements of this Chapter are necessary to achieve adequate defensible space. The defensible space required by this Chapter is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structures, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to structures on adjacent improved parcels.
6. The City has determined that open burning and fireworks present a significant hazard to the environment and to the safety of its citizens. It is in the City’s best interest to prohibit open burning and the sale, use and discharge or fireworks within the City. The purpose of this Chapter is to provide for the prohibition of fireworks and open burning within the city, other than as specified in this chapter, in order to reduce the risk of ignition of adjacent vegetation or structures.
7. The Fire Department, specifically the Fire Division Chief shall be principally responsible for the enforcement of this ordinance as the lead Public Official as defined herein.
8.10.020 – Application
This Chapter shall apply to:
1. All areas of the city.
2. All Parcels adjacent to Improved Parcels where: the owner/occupant of the Improved Parcel is unable to obtain the required Defensible Space, as delineated in adopted City Codes; and the current condition of fuels on the subject Parcel is assessed by the Public Official as a hazardous fire condition. The owner of the subject Parcel shall provide the fuel modifications to meet the Defensible Space requirements of the adjacent Improved Parcel subject to applicable law including the finding that the clearing, meaning fuel modification or abatement, is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the Structure.
3. All Parcels where:
A. The Parcel is adjacent to a roadway which is determined by the Public Official to be necessary for the safe ingress and egress to the area served by the roadway or fire access easement; and
B. The current condition of fuels on the adjacent Parcel is assessed by the Public Official as a hazardous fire condition.
C. The owner, occupant or other person in control of the Improved Parcel shall be responsible for fifty (50) percent of the abatement cost on the adjacent parcel if the owner of said adjacent Parcel consents in writing to the abatement.
If any part of this Chapter is in conflict with any other part of this Code, the more restrictive provision(s) shall control.
8.10.030 – Definitions
As used in this Chapter, the following definitions shall apply:
1. “Abate” or “Abatement” shall mean an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.
2. “Abatement Costs” shall mean any and all costs incurred by the City to enforce this Chapter and to abate the hazardous vegetation or combustible material on any property pursuant to this Chapter, including physical abatement costs, administration fees and any additional actual costs incurred for the abatement proceeding(s), including attorney’s fees, if applicable.
3. “Approved Warming Device” shall mean a portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens.
4. “Biomass” shall mean all green waste material generated during the fuels treatment project.
Biomass includes, without limitation, all grass, weeds, vegetation and tree trimmings.
5. “Citation” or “Administrative Citation” shall mean a civil citation issued pursuant to the Chapter stating there has been a violation of one or more provisions and setting the amount of the civil penalty to be paid by the responsible party as outline in Chapter 1.22 of this code.
6. “City” shall mean the City of Nevada City, a political subdivision of the State of California.
7. “Combustible Material” shall mean all rubbish, litter or material of any kind other than Hazardous Vegetation that is combustible and endangers the public safety by creating a fire hazard.
8. “Days” shall mean calendar days.
9. “Defensible Space” means that area described in Public Resources Code Section 4291 and as otherwise described in this Code, which is adjacent to each side of a building or Structure and must be cleared of brush, Hazardous Vegetation, or Combustible Material as set forth in this Code.
10. “Fire Hazard” shall mean any condition, arrangement, act or omission which:
A. Increases, or may cause an increase of hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or B. May obstruct, delay, hinder or interfere with the operations of a fire department or the egress of occupants in the event of fire.
11. "Fireworks" and "safe and sane fireworks" shall have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.
12. “Fuel Modification Area” shall mean a strip of land in which the following fuel reduction activities are required to occur:
A. Cut and remove all weeds and grasses down to four (4) inches or lower; B. Prune and remove “Ladder Fuels” up to ten (10) feet or higher; C. Remove all dead or decaying trees and tree limbs; and D. Perform any other fire protection or maintenance activities within the Fuel Modification Area(s) consistent with the standards and requirements adopted by CalFire as authorized by PRC 4290 or as required by a Public Official.
13. “Hazardous vegetation” shall mean any vegetation that is combustible and endangers the public safety by creating a fire hazard. Hazardous vegetation includes material that in its natural state will readily ignite, burn and transmit fire from native or landscape plants to any Structure or other vegetation. Hazardous vegetation includes, but is not limited to, dry grass and leaves, brush, weeds, green waste, dead or dying trees, low-hanging branches, litter or other flammable vegetation that create a fire hazard. Hazardous vegetation shall not include a commercial agricultural crop that is being actively grown and managed by the property owner or his or her legal tenant.
14. “Improved Parcel” shall mean a portion of real property on which a Structure is located, the area of which is determined by the Assessor’s maps and records and which may be identified by an Assessor’s Parcel Number.
15. “Ladder Fuels” shall mean fuels that can carry a fire vertically between or within Combustible Material or Hazardous Vegetation.
16. “Parcel” shall mean a portion of real property of any size, the area of which is determined by the Assessor’s maps and records, and which may be identified by an Assessor’s Parcel Number (APN).
17. “PRC 4291” shall mean California Public Resources Code Section 4291, and any amendments thereto.
18. “Public Official” shall include the City of Nevada City Division Chief, the Fire Chief of any agency contracted for fire protection within the city, city police officers, city code enforcement officers, fire protection company officers, and trained prevention staff as may be designated by the Fire Chief or the City Manager to enforce the provisions of this Chapter.
19. “Responsible Party” shall mean an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other person or entity whatsoever whose act or omission caused or contributed to a violation of this Chapter.
20. “Structure” shall mean any dwelling, house, building, or other type of combustible construction, whether or not occupied, including but not limited to a wood fence located within the Defensible Space of any other Structure.
21. “Unimproved Parcel” shall mean a portion of land of any size, the area of which is determined by the Assessor’s maps and records and which may be identified by an Assessor’s Parcel Number (APN) upon which no Structure is located.
22. “Very High Fire Hazard Severity Zones (VHFHSZ)” shall mean means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area.
8.10.040 – Vegetation Management Standards: General
This section is aligned with the PRC 4291 and applies the CalFire standards to the city. The language reflects the contents of Section 4906 of the California Fire Code.
1. Maintenance. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:
A. Maintain an effective fuel modification zone by removing, clearing, or modifying away combustible vegetation and other flammable materials from areas within 100 feet from such buildings or structures. (See exception 3 for fire-resistive construction and other features for approval and/or a reduction of the fuel modification zone.) The fuel modification zone may be replanted with either approved irrigated, fire-resistant planting material or approved non-irrigated, drought-tolerant, fire-resistant plant material.
Replanting of the fuel modification zone may be required for erosion control.
B. Remove portions of trees, which extend within ten (10) feet of the outlet of a chimney, stove pipe, or heater outlet.
C. Maintain trees adjacent to or overhanging a Structure free of deadwood.
D. Maintain the roof of a Structure free of leaves, needles or other dead vegetative growth.
E. Exceptions:
i. Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
ii. Grass and other vegetation located more than thirty (30) feet from buildings or structures and less than eighteen (18) inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. iii. With the approval of the Public Official, the width of the fuel modification zone may be reduced where fire-resistive structures or other features are constructed.
However, in no case shall the fuel modification zone be reduced to less than 30 feet. See California building code Chapter 7A and international wildland-urban interface code for the minimum requirements of a fire-resistive structure.
If the owner fails to correct such conditions, the failure shall constitute a public nuisance and the Public Official is authorized to cause the same to be abated and make the expense of such abatement a lien upon the property where such condition exists.
8.10.050 – Defensible Space Management
This section is aligned with PRC 4291 and applies the CalFire standards to the city.
Defensible space zones. All existing habitable buildings and structures within the Very High Fire Hazard Severity Zone (VHFHSZ) shall maintain Defensible Space in accordance with this section. The Public Official may require additional fuel modification measures to be taken by the property owner when extreme hazardous vegetation conditions are present.
1. Zone Zero (0 - 5 feet from a Structure) - Ember Resistant. Within Zone Zero, Parcels shall be maintained in accordance with this section.
A. Vegetation. Vegetation shall be in accordance with the following:
i. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plant continuity and inhibit fire progression.
ii. Remove all dead, dying, or diseased vegetation, including on portions of live vegetation, and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.
iii. Maintain living / green grasses or lawns to a maximum height of four (4) inches. iv. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one-third of its height, whichever is less.
v. Vines are to be limited on the Structure.
vi. Vegetation under windows shall be kept to below eighteen (18) inches. vii. Consideration shall be given to properties with more fire-resistive construction, lower flammability plant species, and frequent irrigation.
B. Tree Maintenance. Tree maintenance shall be in accordance with the following:
i. Trees shall be maintained (i.e., cleaned, thinned, limbed up) to reduce the spread of fire.
ii. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, Structures, and the ground. If shrubs are located under tree branches, additional clearance equal to three (3) times the height of the shrub is needed. iii. Dead, dying, or diseased trees shall be removed. The Public Official may require an evaluation by a licensed arborist with recommendations on removal of dying or diseased trees.
C. Balconies, Overhangs, and Porches. The underside of balconies, overhangs, and porches shall be kept clear of Combustible Material.
D. Organic Wood Chips and Mulch. Organic mulch and wood chip application is prohibited.
Non-combustible materials such as concrete, gravel, decomposed granite, or other approved materials shall be used within this zone.
E. Firewood. Firewood shall not be stored within this zone.
F. Chimneys. All chimneys shall have a spark arrestor. All branches shall be a minimum of ten (10) feet from chimneys, stovepipe outlets, and heater outlets.
G. Propane Tanks or any Fixed Fuel Tank. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane or fixed fuel tanks.
H. Roofs and Gutters. Maintain the roof and gutters to be free of leaves, needles, or other vegetation.
I. Firefighter Access. Remove hazardous items that would hinder firefighter access to all sides of the structure.
2. Zone One (5 - 30 feet from a Structure) - Lean, Clean, and Green Zone. Within Zone One, Parcels shall be maintained in accordance with this section.
A. Vegetation. Vegetation shall be in accordance with the following:
i. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plant continuity and inhibit fire progression.
ii. Remove all dead, dying, or diseased vegetation, including on portions of live vegetation, and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.
iii. Maintain living / green grasses or lawns to a maximum height of four (4) inches. iv. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one-third of its height, whichever is less.
v. Consideration shall be given to properties with more fire-resistive construction, lower flammability plant species, and frequent irrigation.
B. Tree Maintenance. Tree maintenance shall be in accordance with the following:
i. Trees shall be maintained (i.e., cleaned, thinned, limbed up) to reduce the spread of fire.
ii. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, Structures, and the ground. If shrubs are located under tree branches, additional clearance equal to three (3) times the height of the shrub is needed. iii. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the Public Official.
C. Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept to a depth no greater than three (3) inches.
D. Propane Tanks or any Fixed Fuel Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks and fixed fuel tanks.
E. Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.
3. Zone Two (30 - 100 feet from Structure) - Fuel Reduction Zone. Within Zone Two, Parcels shall be maintained in accordance with this section.
A. Vegetation. Vegetation shall be in accordance with the following:
i. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than sixty (60) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.
ii. Remove all dead, dying, or diseased vegetation, including where applicable on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.
iii. Maintain living / green grasses or lawns to a maximum height of eighteen (18) inches.
iv. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one-third of its height, whichever is less.
v. Consideration shall be given to properties with more fire-resistive construction, lower flammability plant species, and frequent irrigation.
B. Tree Maintenance. Tree maintenance shall be in accordance with the following:
i. Trees shall be maintained (i.e., cleaned, thinned, limbed up) to reduce the spread of fire.
ii. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, Structures, and the ground. If shrubs are located under tree branches, additional clearance equal to three (3) times the height of the shrub is needed. iii. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the Public Official.
iv. All exposed wood piles shall have a minimum of ten (10) feet of clearance down to bare mineral soil in all directions.
C. Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
D. Propane Tanks or any Fixed Fuel Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane and fixed fuel tanks.
E. Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.
8.10.060 – Defensible Space Maintenance on Parcels Adjacent to Improved Parcels and Along Emergency Access, Evacuation Routes, and Fire Access Ways This section is aligned with the Nevada County Defensible Space Ordinance and applies similar standards to the city.
These standards apply when the Defensible Space surrounding a Structure on an Improved Parcel extends into an adjacent Parcel, and when Defensible Space needs to be maintained along emergency and fire access ways and evacuation routes.
1. Hazardous Vegetation and Combustible Materials within one hundred (100) feet of a Structure (or greater as determined by the Public Official) or along roadways that serve as primary ingress and egress routes, are hereby declared to be a public nuisance that may be abated in accordance with this Chapter, and by any other means available by law.
2. It shall be the duty of every owner, occupant, and person in control of any Parcel which is located in the city, or having any interest therein, to abate therefrom, and from all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the city or County maintained system), all Combustible Material and Hazardous Vegetation which constitute a fire hazard and public nuisance which may endanger or damage neighboring property or forestland.
3. The requirements of this Section shall be satisfied if the Parcel and all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the city or County maintained system) are cleared in accordance with a Notice to Abate by cutting brush, trimming trees, thinning trees, disking, mowing, plowing or any other method described in a Notice to Abate, or, if no Notice to Abate is issued, by removing all Hazardous Vegetation and Combustible Materials as follows:
A. Maintain a Defensible Space of one hundred (100) feet from each side and from the front and rear of a Structure, but not beyond the property line except as provided by law.
The amount of fuel modification necessary may be based upon the flammability of the Structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the Structure. The intensity of fuels management may vary within the one hundred (100) foot perimeter of a Structure, the most intense being with the first thirty (30) feet around a Structure. Consistent with fuels management objectives, steps should be taken to minimize erosion; B. Maintain a one hundred (100) foot wide area of land around Structure(s) located on an adjacent Improved Parcel (some or all of this Defensible Space requirement may be required on an adjacent Parcel depending upon the location of the Structure on the Improved Parcel);
C. Maintain free of Ladder Fuels a minimum of a ten (10) foot wide strip of land beyond the shoulder of a roadway serving as primary ingress and egress to the parcel, to a height of fifteen (15) feet along the boundary of a Parcel; D. Climbing vines must be removed from trees and Structures within the one hundred (100) foot defensible space zone around Structure(s);
E. Maintain the Parcel free of ladder fuels within the one hundred (100) foot Defensible Space area around Structure(s).
4. The Public Official may mandate additional fuels management of an area more or less than the above-referenced widths or height on a Parcel and all sidewalks and roadways on or immediately adjacent thereto (except for those roads accepted into the City or County maintained system), for the protection of public health, safety or welfare or the environment if the Public Official finds that the additional fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a Structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to a Structure on an Improved Parcel. The Public Official shall determine appropriate defensible space distances based upon a visual inspection of the Parcel and shall consider all factors that place the Structure(s) on the adjacent Improved Parcel at risk from an approaching fire. These factors shall include, but are not limited to, local weather conditions, fuel type(s), topography, and the environment where the adjacent parcel or the Structure(s) is located.
5. When an occupied building is less than one hundred feet from a property line and Combustible Material or Hazardous Vegetation on an adjacent parcel presents a fire hazard for the occupied building, the owner of the parcel where the fire hazard exists shall be responsible for clearing the area on that owner’s land which is within one hundred feet of the occupied Structure and is needed to provide the necessary fire protection in the manner and to the extent required by the Public Official.
6. Where the terrain, condition or environment on the adjacent Parcel is such that it cannot or should not be disked or mowed, the Public Official may require, or authorize, other means of hazardous vegetation or combustible material removal.
7. No Parcel owner may allow any portion of vegetation on his or her property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. When the Public Official determines the vegetation would otherwise interfere with street or emergency vehicle access, the Public Official may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance.
A. If the Parcel Owner fails to maintain these clearance requirements, the Public Official may abate this nuisance without further notice and at the Parcel Owner’s expense.
B. This subsection shall not apply to cultivated groundcover such as green grass, ivy, succulents, or similar plants used as groundcovers, provided they do not constitute a fire hazard.
C. A Public Official may summarily abate weeds or hazardous growth on private property that in any way hinders emergency access and may charge the Parcel Owner for the costs of the abatement pursuant to an ordinance adopted under Government Code 39561 et seq.
8.10.070 – Open Burning
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Nevada City.
This prohibition is not intended to prohibit fires in Approved Warming Devices, as defined in this Chapter.
8.10.080 – Authorized Burning
1. Cooking Fires. Cooking fires are defined as the burning of materials where fuel being burned is contained in manufactured outdoor fireplaces or grills used for food preparation and in accordance with this section. A permit is not required for outdoor cooking fires.
Outdoor cooking fires shall be conducted within safe distances from buildings, Structures, Combustible Materials, and located on property that the individual using such device has legal authority to occupy. Fuel shall be limited to propane, natural gas, kerosene, or campstove fuel. Burning of solid fuels may be permitted in improved designated areas, including, but not limited to, city-provided fire pits or barbeques in parks and other public areas.
2. Religious and Ceremonial Fires. Religious and ceremonial fires are defined as the burning of materials for religious, ceremonial, or similar purposes and in accordance with this section. Prior to the commencement of a religious or ceremonial fire, the Fire Department shall be notified, and a permit obtained. The size and location of these fires may be modified within the approval of the Public Official. The time period of the religious or ceremonial fire shall be approved by the Public Official and shall be included on the permit. This is not intended to include “Cultural Burns”, Broadcast Burns, or similar burning for vegetation abatement or management.
3. Training Fires. Training fires are defined as fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of firefighting. Prior to commencement of open burning, the Fire Department shall be notified, and a permit obtained. EPA notification shall be accomplished as per their requirements. The time period of the training fire shall be approved by the Public Official and shall be included on the permit.
4. Special Permit - Performance. The Public Official may issue special permits to authorize burning for performance purposes. The Fire Department shall be notified, and a permit obtained. The size, type, and location of these fires may be modified within the approval of the Public Official. The time period of the event shall be approved by the Public Official and shall be included on the permit.
5. Special Permit – Health and Public Safety. The Fire Division Chief of the fire department of the City of Nevada City may issue special permits to authorize burning for the health and safety of the public. The requirements related to such a special permit shall be determined at the time of the issuance of the permit.
8.10.090 – Fire Protection Requirements
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:
1. During use/operation an area within ten feet of the device shall be free and clear of flammable vegetation, combustible materials and/or refuse piles, as defined in this Chapter.
2. A responsible person, eighteen years of age or older, shall be in attendance with a shovel until fire is dead out.
3. A water hose connected to an operational water supply shall present at use/operation site.
4. The operation site shall be within two hundred fifty feet of an operational fire hydrant.
5. The operation site shall be within one hundred fifty feet of a California Fire Code compliant fire access road.
8.10.100 – Exception—Special Permit Ceremonial Operations If an operational water supply is not present, the Public Official may determine an appropriate alternative method of fire protection for special permit ceremonial operations only.
8.10.110 – Fireworks Prohibitions
The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City of Nevada City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this chapter.
8.10.120 – Fireworks Exceptions
1. Nothing in this Chapter shall be construed as prohibiting the sale, use, or discharge of any of the following; torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes of illumination; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.
2. Public displays of fireworks may be conducted by permit granted pursuant to 19 CCR 982.
8.10.130 – Enforcement Primary Authority
The Public Official is empowered to use any of the provisions of this Code to correct violations of this chapter.
8.10.140 – Authority to Inspect
Whenever the Public Official has cause to believe that there exists, or potentially exists, in or upon any premises any condition that constitutes a violation of this chapter, the Public Official may, with the permission of the property owner or occupant, enter such premises at all reasonable times to inspect the premises related to defensible space/hazardous fuel management compliance. In the event the property owner or occupant refuses to allow entry of the Public Official after a request has been made, Nevada City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry pursuant to California Code of Civil Procedure section 1822.50-1822.60.
8.10.150 – Authority to Inspect Property and Request Records Whenever the Public Official has reasonable cause to believe that there exists on any premises any condition which constitutes a violation of this chapter, the Public Official is empowered to request owner or occupant provide records, such as but not limited to, site plans, connection agreements, operations and maintenance records, documentation of waste disposal, etc., as necessary to determine defensible space/hazardous fuel management compliance.
8.10.160 – Enforcement and Administration
Any person violating a provision of this chapter shall be subject to administrative, civil, or criminal liability as provided in this Code. When relying on Chapter 8.04 of this Code, Nevada City shall adhere to all procedures set forth therein, including, but not limited to the procedures for notice, service requirements, hearings, appeals, and issuance of citations and fines.
8.10.170 – Public Nuisance Abatement
Violation of any provision of this chapter is declared to be a public nuisance. Nevada City may, in addition to other authorized procedures set forth in this chapter, take action to abate such public nuisance in accordance with the procedures in Chapter 8.04 of the Nevada City Municipal Code when any person violates this chapter:
8.10.180 – Civil Actions
In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by Nevada City. In any such action, the City may seek, as appropriate and allowed by law, one or more of the following remedies:
1. A temporary restraining order, preliminary and permanent injunction;
2. Reimbursement of costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;
3. Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation;
4. Compensatory damages for loss or destruction of public property. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with monitoring and establishing defensible space/hazardous fuel management or enforcing the provisions of this chapter.
8.10.190 – Criminal Actions
Any person violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to Government Code section 36900. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.
8.10.200 – Non-Exclusive Remedies
Every remedy available for the enforcement of this chapter shall be non-exclusive, and it shall be within the discretion of the City to seek cumulative remedies. Moreover, the remedies available to the City pursuant to this chapter shall not limit the right of the City to seek any other remedy that may be available at law or in equity.
8.10.210 – Authority to Promulgate Reasonable Rules and Regulations The City Manager is authorized to adopt reasonable rules, regulations, and procedures consistent with this Chapter to enforce, interpret, and carry out the provisions of this Chapter. Such rules, regulations and procedures may vary between different areas within the City.
8.10.220 – No Duty to Enforce
Nothing in this Chapter shall be construed as imposing on a Public Official or the City any duty to issue a Notice to Abate, nor to abate any Hazardous Vegetation or Combustible Material within a Parcel’s Defensible Space, nor to take any other action with regard to any unlawful Hazardous Vegetation or Combustible Material, burning, or fireworks. Neither the Public Official nor the City shall be held liable for failure to issue a Notice to Abate any unlawful Hazardous Vegetation or Combustible Material, nor for failure to abate any unlawful Hazardous Vegetation or Combustible Material, nor for failure to take any other action with regard to any unlawful Hazardous Vegetation or Combustible Material, burning, or fireworks.
SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.
SECTION 4. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendicies thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
APPROVED FOR INTRODUCTION AT A REGULAR MEETING on the 8th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED this 22nd day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Niel Locke, City Clerk Dean Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss.
CITY OF NEVADA CITY )
I, ___________, City Clerk of Nevada City, do hereby certify that the foregoing ordinance was introduced on the ______th day of ____________, 2023, was regularly adopted at a meeting thereof on the ____th day of __________, 2023 and was published/posted pursuant to law. _____________________________
_______________, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 11
Subject: Consideration of a Public Notification of High Turbidity for the City’s Public Water System.
From: Bryan McAlister, City Engineer
Date: March 13, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Conduct a public hearing accepting questions and comments from the community and then receive and file the notification.
ISSUE STATEMENT AND DISCUSSION:
Our Nevada City public water system recently exceeded drinking water standards for Turbidity (cloudiness). This occurred during extended storm events in January 2023. Although this was not an emergency, customers have a right to know what happened and what was done to correct this situation.
Notification is required in compliance with the Public Notification Requirements of the State of California Domestic Water Quality and Monitoring Regulations of Title 22, California Code of Regulations. The attached Notification was mailed on March 15, 2023, to each water service address. The notification was also posted on the bulletin board outside City Hall and posted on the City’s website under Departments/ Water and Wastewater.
According to the notice:
Turbidity has no health effects. However, high levels of turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. (Note, these symptoms are not caused only by organisms in drinking water)
The high turbidity occurred during storm flows as a result of natural turbidity of the City’s water source.
City staff has taken steps to avoid future occurrences by implementing a process of shutting down portions of the intake system during extended storm events when there is potential for a similar exceedance.
This action is a means of expanding the required public notice to include an opportunity for the item to be heard before the City Council.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
STRATEGIC PLAN ALIGNMENT:
This action, engineering analysis, is consistent with the embedded strategic initiative of Infrastructure:
Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Public Notification for High Turbidity
NOTIFICATION
IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
Nevada City Public Water System
Did Not Meet the Treatment Requirements
(Filter Effluent Turbidity Performance Standard)
Our Nevada City public water system recently exceeded drinking water standards for Turbidity (cloudiness). This occurred during extended storm events in January 2023. Although this was not an emergency, you as customers have a right to know what happened and what was done to correct this situation.
The high turbidity occurred during storm flows as a result of natural turbidity of the City’s water source. City staff has taken steps to avoid future occurrences by implementing a process of shutting down portions of the intake system during extended storm events when there is potential for a similar exceedance.
What should you do?
You do not need to boil your water or take other corrective actions. This is not an emergency. If it had been, you would have been notified immediately. It is good to stay informed and be aware of your water quality.
The City will provide you with notifications when a performance standard is not met. The City also provides annual water quality reports which are available at https://nevadacityca.gov/ under Department ‘Water and Wastewater’.
Additional Information:
The Nevada City Public Water System surface water treatment plant filtration process is categorized by the California State Water Resources Control Board, Division of Drinking Water (Division) as Conventional treatment.
Section 64653, Chapter 17, Title 22, of the California Code of Regulations, specifies that a water system’s Combined Filter Effluent (CFE) for a conventional or direct filtration plant shall be less than or equal to 0.3 NTU (turbidity unit) in at least 95% of the total monthly turbidity measurements. According to the treatment records for January 2023, approximately 85% of the total monthly turbidity measurements were less than or equal 0.3 NTU.
Turbidity has no health effects. However, high levels of turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. (Note, these symptoms are not caused only by organisms in drinking water) Notification to Other User Groups:
Please share this information with other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
Upon receipt of this notice from a public water system the following establishments must provide secondary notification by distributing this notice within ten days as follows: Schools must notify school employees, students, and parents (if the students are minors). Residential rental property owners or managers (including nursing home and care facilities) must notify tenants. Business property owners, managers, or operators must notify employees of businesses located on the property. [Health and Safety Code Section 116450(g)] This notice is being sent to you by the Nevada City Public Water System in compliance with the Public Notification Requirements of the State of California Domestic Water Quality and Monitoring Regulations of Title 22, California Code of Regulations.
Please contact the City Engineer, Bryan McAlister at [email protected] (530) 265-2496x126 with any questions or requests for additional information.
State Water System ID#: 2910002 Date distributed: March 13, 2023 Method of Notification: On City’s website, Public posting at City Hall, and Mailings to all water accounts.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 22, 2023 Agenda Item No. 12
Subject: Consideration of Adoption of the City Fraud Policy.
From: Stephen Erlandson, Interim Assistant City Manager Date: March 16, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Adopt the policy.
ISSUE STATEMENT AND DISCUSSION:
The City recently underwent its annual independent audit for the fiscal year-ended June 30, 2022. The results of that audit will be presented to the City Council by the independent auditor and staff at the next City Council meeting. One item noted by the independent auditor was that the City did not have a formal fraud policy in place. As such, staff has developed the City Fraud Policy (Attachment) for the Council’s consideration and adoption. This policy is one of many that staff will be developing within the upcoming months to strengthen internal controls and enhance best management practices citywide.
The City Fraud Policy provides definitions for the various types of fraud that can occur, who the policy is applicable to, the responsibilities of various parties, and the procedures in conducting a fraud investigation. In addition, the policy includes a section on training new employees on the City’s Code of Conduct and the City Fraud Policy. Current staff will receive the same training upon adoption of this policy by the City Council.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no fiscal impact as a result of this action.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
City Fraud Policy