CITY OF PITTSBURG
AGENDA
AUGUST 01, 2022
CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA
CLOSED SESSION
6:00 P.M.
REGULAR MEETINGS
7:00 P.M.
CITY COUNCIL
PITTSBURG ARTS AND COMMUNITY FOUNDATION
PITTSBURG POWER COMPANY
SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II
SUCCESSOR AGENCY
PRESIDING
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice- Mayor/Chair
Juan Antonio Banales, Council Member/Board Member
Jelani Killings, Council Member/Board Member
Marilyn “Merl” Craft, Council Member/Board Member
FOR HOUSING AUTHORITY:
S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts. All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov.
Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable. 6:00 P.M. - CONVENE IN CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1)
Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one
7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
3. National Night Out
PRESENTATIONS
4. Phase 1 Summary Report for My Brothers Keeper (MBK) Initiative
CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)
PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais. Please read the card carefully in order to fill out the card properly.
Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)
COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members particiapte). (No Action Required)
2 CITY COUNCIL MEETING
CONSIDERATION
5. Adoption of City Council Resolution to Approve a Contract Amendment No. 7 to the Delta Diablo Street Sweeping Contract
The Public Works Department provides street sweeping services for the City as a contractor to Delta Diablo (DD). The previous contract extension expired June 30, 2022. The City and Delta Diablo would like to extend the existing Service Contract with a three-year extension that will begin July 1, 2022 and run through June 30, 2025. The Service Contract exceeds the $75,000 threshold and requires approval of City Council.
6. Adoption of a City Council Resolution Authorizing the Ongoing Purchase of Accela Licenses for Staff
The City purchased Carahsoft (makers of the Accela software platform) to enable the City’s permitting process to be more efficient and provides the best customer service experience for residents and developers living and working in Pittsburg. The City is proposing to purchase additional licenses for staff.
CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST
PITTSBURG GHAD II CONSENT CALENDAR
7. Minutes of July 18, 2022
8. Adoption of a Pittsburg Power Company Resolution Approving the 2021 Annual Power Source Disclosure Report to the California Energy Commission State Law, Public Utilities Code Section 398.1(b), requires all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose resources or fuel types of power procured and sold to end use customers. The Pittsburg Power Company (PPC) provides electricity retail service on Mare Island, Vallejo in the name of Island Energy (IE) and is required by law to disclose the sources of its energy procurement and sales to its end users on Mare Island. The CEC requires the Governing Board of the Pittsburg Power Company to approve its 2021 Annual Power Source Disclosure Report (PSD Report).
9. Adoption of a City Council Resolution to Allocate Funds and Accept the Clean California Grant for Design and Construction of the Living Green Pittsburg - Trail and Community Outreach Project
The City applied for, and has been awarded, the Clean California Grant totaling 3 $1,354,000 for design and construction of the Living Green Pittsburg – Trail and Community Outreach Project (the “Project”). The Project will construct a pilot green space with bioswales, trees, artwork, and a Class I trail that will provide better access to the Pittsburg Center Bart Station. The Project will also launch a Citywide “Living Green” campaign that will launch an outreach program and website to educate residents on littering and pollution. Adopting the attached Resolution will accept the grant and allocate funds for the Project.
10. Adoption of City Council Resolution Allocating Additional Funds and Awarding a Purchase Contract for a New 2022 Titan Combination Jet/Vacuum Sewer Cleaner Truck
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure, including a combination jet/vacuum sewer cleaner truck that needs replacement. If approved, this resolution will allocate additional funds and authorize a purchase contract with Municipal Maintenance Equipment, Inc. (MME) for a new 2022 Titan Combination Jet/Vacuum Sewer Cleaner truck.
11. Adoption of a City Council Resolution to Authorize City Manager to Execute a Contract for Water Treatment Plant Chemical Supply – Liquid Chlorine The Public Works Department is responsible for the maintenance and operation of the City’s Water Treatment Plant and each year solicits bids for necessary chemical supplies. If approved, the resolution will authorize a purchase contract with vendor Thatcher Company of California, Inc. (Thatcher) as the only responsive bidder for Liquid Chlorine in the amount of $110,000.
12. Adoption of a City Council Resolution to Authorize City Manager to Execute a Contract for Water Treatment Plant Chemical Supply – Sodium Hydroxide The Public Works Department is responsible for the maintenance and operation of the City’s Water Treatment Plant and each year solicits bids for necessary chemical supplies. If approved, the resolution will authorize a purchase contract with vendor Univar USA, Inc. as the lowest responsible, responsive bidder for Sodium Hydroxide (Caustic Soda) in the amount of $200,000.
13. Adoption of a City Council Resolution Approving a Consultant Services Agreement with William K. Faisst, Consulting Engineer, Inc. (WKFCE) for Staff Augmentation - Water Treatment Plant Filter Gallery Replacement Pittsburg recently sold approximately $40M of municipal bonds to fund the filter gallery replacement project at the City’s water treatment facility. This filter gallery replacement project is paramount to the longevity of the treatment plant and the city’s ability to provide drinking water to Pittsburg residents. Successful management of this project will require exceptional knowledge of the treatment plant and ample experience in designing and making improvements to water treatment plants. William K. Faisst, PE, PhD meets, and exceeds these requirements.
4 14. Adoption of a City Council Resolution Approving the Termination of 401(a) Plan #107079 Between Mission Square and the City of Pittsburg Consideration of a Resolution Approving the Termination of 401(a) Plan #107079 Between Mission Square and the City of Pittsburg.
15. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for IBEW Union, Local 1245 for the Period July 1, 2022 through June 30, 2025
The City of Pittsburg and IBEW Union, Local 1245 (IBEW) are proposing terms and conditions of employment for IBEW for the period of July 1, 2022 through June 30, 2025 (Contract Period).
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.
COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required)
ADJOURNMENT to August 15, 2022
5 NOTICE TO PUBLIC
GENERAL INFORMATION
Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). The full packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.
SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.
PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.
NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled citizens. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at 925-252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)
DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.
LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Streaming Media page.
Past meetings are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov), or on Delta TV Comcast Channel 32, or Delta TV AT&T U-Verse Channel 99. For more information, please contact the City Clerk’s office at 252-4850. 6 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2022 Updated March 7, 2022
OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS STAFF ABAG Shanelle Scales-Preston / Holland White Alt. Standing Annual G. Evans Delta Diablo** Juan Banales / Shanelle Scales-Preston Alt. Standing 2nd Wednesday R. Abono East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alternate Standing Monthly J. Davis East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual R. Abono MCE Clean Energy Board Shanelle Scales-Preston / Holland White Alt. Standing 4 Per Year D. Buchanan TRANSPLAN / ECCRFFA Holland White / Juan Banales Alternate Standing 2nd Thursday R. Abono Tri-Delta Transit (2 reps)*** S. Scales-Preston & Merl Craft / Jelani Killings Alt. Standing Last Wednesday R. Abono
LIAISON TO COUNCIL MEMBER(S) TYPE MEETS STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Merl Craft Alt. Standing 3rd Thursday *Rotational Mayor’s Conference Holland White / Shanelle Scales-Preston Alt. Standing 1st Thursday G. Evans School Districts Committee (2x2) Shanelle Scales-Preston & Merl Craft / Jelani Killings Alt. Standing 2nd Thursday G. Evans even months
SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS STAFF
American Rescue Plan Act (ARPA) Holland White / S. Scales-Preston / Juan Banales Alt. Ad Hoc As needed G. Evans CAC CDBG Subcommittee S. Scales-Preston & Jelani Killings / Holland White Alt. Standing As needed M. Aliotti City Council Policy and Procedures Review Juan Banales & Merl Craft Ad Hoc As needed G. Evans City Infrastructure and Transportation (2) S. Scales-Preston & Juan Banales / Holland White Alt. Standing As needed R. Abono Community Services Subcommittee Merl Craft & Shanelle Scales-Preston / Juan Banales Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Juan Banales / Holland White Alt. Ad Hoc As needed G. Evans Economic Develop/Waterfront Subcommittee Jelani Killings & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Finance Subcommittee (1) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed P. Rodrigues Government Performance Subcommittee Holland White & Jelani Killings Ad Hoc As needed G. Evans Hills Committee Juan Banales & Jelani Killings / Merl Craft Alt. Ad Hoc As needed G. Evans Land Use Subcommittee (3) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Los Medanos Health Advisory Committee S. Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans Pittsburg Arts & Community Foundation Merl Craft & S. Scales-Preston / Jelani Killings Alt. Standing As needed G. Evans Pittsburg Police Activities League (PAL) Holland White & S. Scales-Preston / Jelani Killings Alt. Standing Monthly B. Addington Pittsburg Recognition Committee Holland White / Shanelle Scales-Preston Alt. Standing As needed K. Simonton Power Company Advisory Holland White & S. Scales-Preston / Juan Banales Alt. Standing As needed D. Buchanan Public Safety Subcommittee Holland White & Shanelle Scales-Preston Standing As needed B. Addington Sister City Committee Jelani Killings & Holland White / Merl Craft Alt. Standing As needed K. Simonton *Rotational Staff as assigned by City Manager
**Stipend of $170 per month
***Stipend of $100 per month
7 8
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution to Approve a Contract Amendment No. 7 to the Delta Diablo Street Sweeping Contract
MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The Public Works Department provides street sweeping services for the City as a contractor to Delta Diablo. The previous contract extension expired June 30, 2022. The City and Delta Diablo would like to extend the existing Service Contract with a three-year extension that will begin July 1, 2022 and run through June 30, 2025. The Service Contract exceeds the $75,000 threshold and requires approval of City Council.
FISCAL IMPACT
The City will recover the cost of the street sweeping program through charges to Delta Diablo. Projected revenue from this contract for FY 2022-23 is estimated to be $367,000.
Revenues from this contract are included in the adopted budget for FY 2022-23 for Public Works, as are the expenses within the Public Works Streets Division (Fund 110).
The contract amendment is for a three-year term and provides for inflationary increases in future years. Staff, equipment and supplies to perform this contract are allocated in the Public Works Department's budget and are offset by payments from Delta Diablo.
RECOMMENDATION
City Council adopt the attached resolution authorizing the City Manager to execute Amendment No. 7 to the Street Sweeping Services Contract with Delta Diablo with a $29.06 per curb mile rate.
BACKGROUND
The City provided street sweeping on its own streets for many years. In 1997, Delta Diablo began charging fees to customers in cities and unincorporated communities of eastern Contra Costa County that are members of the district. These fees cover a variety of services, including sewage collection and treatment and street sweeping services, generally 9 provided by contractors. Since that time, the City’s Public Works Department has provided street sweeping services in Pittsburg as a contractor for Delta Diablo.
On June 19, 2000, the City Council approved Resolution 00-9188 approving a contract between the City and Delta Diablo for street sweeping services for the years 2000 through 2003.
On May 5, 2003, the City Council approved Resolution 03-9809 approving Amendment No. 1 to the Street Sweeping Services Contract with Delta Diablo extending the service term to 2006.
On June 5, 2006, the City Council approved Resolution 06-10556 approving Amendment No. 2 to the Street Sweeping Services Contract with Delta Diablo extending the service term to 2009.
On May 18, 2009, the City Council approved Resolution 09-11222 approving Amendment No. 3 to the Street Sweeping Services Contract with Delta Diablo extending the service term to 2012.
On June 18, 2012, the City Council approved Resolution 12-11828 approving Amendment No. 4 to the Street Sweeping Services Contract with Delta Diablo extending the service term to 2015.
On August 3, 2015, the City Council approved Resolution 15-13095 approving Amendment No. 5 to the Street Sweeping Services Contract with Delta Diablo extending the service term to 2019.
On July 1, 2019, the City Council approved Resolution 19-13661 approving Amendment No. 6 to the Street Sweeping Services Contract with Delta Diablo extending the service term to 2022.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The Public Works Department’s current service level provides for major arterial and collector streets and business district to be swept weekly, with residential streets swept twice per month. Many jurisdictions in Contra Costa County sweep residential streets just once per month.
The Public Works Department has been providing this service by contract to Delta Diablo since July, 1997. A “per-mile” fee charged to Delta Diablo recovers the cost to the City for the work performed by Public Works staff. The attached contract Amendment No. 7 will extend the street sweeping services in the City by Public Works personnel for the next three years at a rate of $29.06 per curb mile which is a 20% increase from the previous rate. The rate includes consideration for increased vehicle replacement cost, major increases in fuel costs, labor costs, vehicle depreciation and replacement based on a seven-year operating life for machine sweepers.
10 The Delta Diablo Board of Directors approved the new Street Sweeping Services Amendment No. 7 with the City at its regular meeting on June 22, 2022. Staff recommends the City Council approve the attached resolution to extend the Street Sweeping Services Contract.
ATTACHMENTS: Resolution
Delta Diablo Amendment No. 7
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 11 Resolution No. 22- Page 1 of 2 August 1, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing Execution of ) RESOLUTION NO. 22-
Street Sweeping Contract )
Amendment No. 7 with Delta Diablo )
WHEREAS, Delta Diablo, formerly known as Delta Diablo Sanitation District, is responsible and collects fees for a variety of services, including street sweeping; and WHEREAS, the City of Pittsburg’s Public Works Department has continued to provide street sweeping for the City of Pittsburg functioning as a contractor to the Delta Diablo since its inception in 1997; and
WHEREAS, contract amendment No. 6 expired on June 30, 2022, and Delta Diablo is prepared to enter into an amendment beginning July 1, 2022 to extend the duration by three years and increase the compensation to the City; and WHEREAS, Delta Diablo Board of Directors approved extending the contract at a regular meeting on June 22, 2022; and
WHEREAS, the proposed amendment sets forth a charge of $29.06 per curb-mile swept.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Street Sweeping Contract Amendment No. 7 with Delta Diablo.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
12 Delta Diablo | 2500 Pittsburg-Antioch Hwy, Antioch, CA 94509 | Main 925.756.1900 | Fax 925.756.1961
TRANSFORMING WASTEWATER TO RESOURCES
ITEM H/8
June 22, 2022
AUTHORIZE GENERAL MANAGER TO EXECUTE AMENDMENT NO. 7 TO STREET
SWEEPING SERVICES AGREEMENT, EXTENDING THE TERM FOR THREE YEARS, JULY 1, 2022 TO JUNE 30, 2025, AND AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $385,000 PER YEAR, CITY OF PITTSBURG, STREET SWEEPING
SERVICES
Recommendation
Authorize the General Manager to execute Amendment No. 7 to the Agreement with the City of Pittsburg (City) for street sweeping services in the city of Pittsburg (Zone 2) for an amount not to exceed $385,000 per year for three years.
Background Information
Street sweeping is one of the pollution prevention activities provided by the District for residents and businesses in its service area. Street sweeping is an effective method of protecting water quality by removing pollutants from streets for proper treatment before they enter local waterways. The District and the City entered into a three-year agreement on June 20, 2000 to provide street sweeping services within the City. Since then, the City and the District have executed six amendments to the contract. Amendment No. 6 was approved by the Board in June 2019 and extended the contract term from July 1, 2019 through June 30, 2022.
Analysis
Amendment No. 7 would extend the term of this agreement from July 1, 2022 through June 30, 2025 and increase the annual cost by $70,000. The City identified increased labor, fuel, and consumable material expenses that have resulted in overall increased operating costs to continue providing this service. The City requested a maximum rate of $29.61 per curb-mile for the next three-year period, which represents a 25% increase over the current rate of $23.25 per curb-mile.
The rate includes equipment depreciation, inflation, labor, and fuel costs. The City would like to continue providing street sweeping services as a “City-provided service” and has performed these street sweeping services very well over numerous years. Following review, staff determined the proposed adjusted rate is competitive when compared to other local agencies.
Based on a history of reliable service and competitive costs, staff recommends extending the existing contract with the City for three years through June 30, 2025.
Financial Impact
Current annual revenue and street sweeping reserve fund will cover the additional costs without the need for increased street sweeping rates over the term of this agreement. Sufficient funding for this contract amendment has been included in the proposed Fiscal Year 2022/2023 Budget.
Attachment
Delta Diablo Agreement Amendment No. 7, City of Pittsburg Street Sweeping Services Reviewed by:
Dean Eckerson
Resource Recovery Services Director
cc: Garrett Evans, City Manager, City of Pittsburg
District File No. CORP.10-AGR
13 ITEM H/8
Attachment
DELTA DIABLO
AGREEMENT AMENDMENT
City of Pittsburg Street Sweeping Services
Amendment No. 7
1. EFFECTIVE DATE AND PARTIES: Delta Diablo (formerly Delta Diablo Sanitation District), a political subdivision of the State of California (hereinafter called the "District"), and the City of Pittsburg (hereinafter called the “Contractor”), entered into an Agreement, dated July 12, 2000, to provide Street Sweeping Services for the District through the period of June 30, 2003. In June 2003, an amendment (Amendment No. 1) was approved to extend the contract term from July 1, 2003, through June 30, 2006. Amendment No. 2 was approved in June 2006 extending the contract term from July 1, 2006, through June 30, 2009. Amendment No. 3 was approved in June 2009 extending the contract term from July 1, 2009, through June 30, 2012. Amendment 4 was approved in June 2012 extending the contract term from July 1, 2012, through June 30, 2015 .
Amendment No. 5 was approved in August 2015 extending the contract term from September 1, 2015, through June 30, 2018, and Amendment No. 6 was approved in June 2019 extending the contract term from July 1, 2019 through June 30, 2022. The parties now desire to amend tha t Agreement as follows:
2. PURPOSE: To continue to provide street sweeping services in the City of Pittsburg.
3. AMENDMENT:
Article 6: TERM OF AGREEMENT, shall be deleted and replaced with the following:
i. The term of this Agreement shall be from July 1, 2022, through June 30, 2025.
Article 7: COMPENSATION, first paragraph shall be deleted and replaced by the following:
i. It is agreed that the compensation to be paid to the Contractor for machine s weeping services described in Article 3 and 4 herein covered by this Agreement shall not exceed $29.61 per curb-mile and $385,000 per fiscal year for the period of July 1, 2022, through June 30, 2025. These rates include consideration for vehicle depreciation and replacement based on a seven (7) year operating life for machine sweepers.
4. EFFECT: This Amendment is effective on the last date entered below. Except for the amendments agreed to herein, the above-referenced Agreement remains in full force and effect.
Delta Diablo City of Pittsburg
By: By:
Vince De Lange, General Manager Garrett Evans, City Manager Date: Date:
District Contact: Dustin Bloomfield
Maintenance Manager
14 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Ongoing Purchase of Accela Licenses for Staff
MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The City purchased Carahsoft (makers of the Accela software platform) to enable the City’s permitting process to be more efficient and provides the best customer service experience for residents and developers living and working in Pittsburg. The City is proposing to purchase additional licenses for staff.
FISCAL IMPACT
For the current renewal term (“First Renewal Term”), each Accela license is expected to cost between $2,446.25 and $2,935.50; pursuant to the existing software purchase agreement, this cost will increase no more than 3% each year for the next three years. Staff anticipates the purchase of an additional 5-8 licenses, totaling up to $23,484 during the current renewal term, which will be paid for out of the existing Building, Planning, and Engineering budgets for software purchases. The authorization would authorize the purchase of the necessary number of licenses in an amount not to exceed $100,000 annually for the length of the term of the existing contract with Carahsoft.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authoring the purchase of additional Accela licenses.
BACKGROUND
On May 18, 2020, the City Council adopted the City’s Goals and Priorities for Fiscal Year 2020-21. Among the goals were directives to “increase efficiency of City operations through technology and streamlined processes,” and “create more transparency, predictability and efficiency for new development proposals.”
15 On June 15, 2020, the City Council approved Resolution 20-13792 authorizing an application to the Local Early Action Planning grant program to support several projects, including $100,000 for the purchase of software to facilitate production of housing in the City.
On September 21, 2020, the City Council adopted Resolution No. 20-13831, approving a software purchase agreement with Carahsoft in an amount not-to-exceed $520,475, as well as a loan agreement with the GHAD. Accela is an online permitting software which has proven to provide an effective solution for residents and contractors to apply for and obtain development permits completely online.
On February 16, 2022, the City’s Accela application portal went live. Permit applicants are now able to submit plans digitally, and receive email, telephone, text and real-time updates on project application status, receive fee estimates and make payments online. The new system has proven to streamline the review process across the Planning, Engineering and Building Inspection divisions.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City Council previously authorized a software purchase agreement with Caharasoft in an amount not-to-exceed $520,475. This authorization provided for the cost to implement the software, as well as five years of licensing costs; the cost proposal provided for 18 full licenses and nine mobile licenses, with an initial licensing subtotal of $58,425, which increase up to 3% each year.
Staff has determined that additional licenses are required in order to ensure that all necessary staff, including but not limited to Planning, Building, Engineering, and IT staff, has access to the Accela portal. The requested authorization would allow staff to purchase single-user licenses for each employee requiring one, and as such, additional or fewer licenses will be purchased as staffing fluctuates. Each license is transferable between outgoing and incoming staff members.
ATTACHMENTS:
1. Resolution
Report Prepared By: Jordan Davis, Director of Community and Economic Development 16 Resolution No. 22-_____ Page 1 of 2 May 21, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Ongoing Purchase of ) RESOLUTION NO. 22-_____ Accela Licenses for Staff )
WHEREAS, on May 18, 2020, the City Council adopted the City’s Goals and Priorities for Fiscal Year 2020-21. Among the goals were directives to “increase efficiency of City operations through technology and streamlined processes,” and “create more transparency, predictability and efficiency for new development proposals”; and
WHEREAS, Accela is an online permitting software for residents and contractors to apply for and obtain development permits completely online; and WHEREAS, on September 21, 2020, the City Council adopted Resolution No. 20-13831, approving a software purchase agreement with Carahsoft (makers of the Accela software platform) in an amount not-to-exceed $520,475, as well as a loan agreement with the GHAD; and
WHEREAS, the September 21, 2020 authorization provided for the cost to implement the software, as well as five years of licensing costs. The cost proposal provided for 18 full licenses and nine mobile licenses; and WHEREAS, on February 16, 2022, the City’s Accela application portal went live.
Permit applicants are now able to submit plans digitally, and receive email, telephone, text and real-time updates on project application status, receive fee estimates and make payments online; and
WHEREAS, the new system has proven to streamline the review process across the Planning, Engineering and Building Inspection divisions; and WHEREAS, staff has requested authorization to purchase additional licenses in order to ensure that all necessary staff, including but not limited to the Planning, Building, Engineering, and IT staff, has access to the Accela portal; and WHEREAS, the requested authorization would allow staff to purchase single- user licenses for each employee requiring one, and as such, additional or fewer licenses will be purchased as staffing fluctuates; and
WHEREAS, the City Council has determined that the additional licenses are necessary to continue to provide the best customer service experience for residents and developers living and working in Pittsburg.
17 Resolution No. 22-_____ Page 2 of 2 August 1, 2022 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager or their designee to determine the appropriate and necessary number of Accela licenses to provide one license per employee requiring such to carry out the duties of their position; and negotiate and execute the purchase of said licenses in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually for the duration of the contract with Carahsoft.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Mayor
ATTEST:
Alice E. Evenson, City Clerk
18 Combined Agency/City Council Minutes Page 1 of 7 July 18, 2022
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: July 18, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Vice-Mayor Scales-Preston called the meeting to order at 7:00 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA after convening at 5:00 P.M. for Commission Candidate Interviews and in Closed Session at 5:30 P.M. for the following items:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1)
Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462
And
City of Long Beach v. Monsanto Company et al., United States District Court, Central District, Case 2:16-cv-03493-FMO-AS (class action)
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Section 54956.9(d)(2) Number of cases: two
3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:
City designated representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel Employee organizations: American Federation of State, County, and Municipal Employees Local 512 Management/Professional/Confidential Unit and Miscellaneous A Unit; Pittsburg Police Officers’ Association; Pittsburg Police Managers Group; Teamsters Local 856; International Brotherhood of Electrical Workers Local 1295 19 Combined Agency/City Council Minutes Page 2 of 7 July 18, 2022 Unrepresented employees: Management Group; Senior Executive Team Prior to convening in Closed Session, Amber Wilson spoke regarding Item 2 on the Closed Session agenda.
There was no reportable action taken during Closed Session for Items 2 and 3 and for the existing litigation of Save Mount Diablo v. city of Pittsburg et al. For the City of Long Beach v. Monsanto et al, the City Council, by a vote of 4-0 to opt out of the class action suit and directed staff to send the opt out letter before the July 25 deadline.
ROLL CALL
Mayor White was absent and excused.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
PRESENTATIONS
4. Quarterly Overview of Use of Force by Law Enforcement Personnel and Overview of Internal Affairs Investigations
CITY MANAGER REPORTS/REMARKS
Deputy City Manager Aliotti reported on upcoming City events, COVID, and the recent fires.
PUBLIC COMMENTS
Charles Clark, Pittsburg spoke regarding speeding in his neighborhood.
Pam Cunningham, Pittsburg, spoke regarding vandalism, cars being broken into and glass on the sidewalk as a result.
Don Jackson, Pittsburg spoke regarding the smoke from the fires.
Gerry Jackson, Pittsburg, spoke regarding the smoke from the fires.
Siu Ling, Pittsburg, thanked the Fire Department for their efforts with the fires.
Raymond Baldazo, Pittsburg, spoke regarding speeding on Cumberland.
Mark Linde, Pittsburg, spoke regarding an update on the fires.
Ming Chu, Pittsburg, spoke regarding safety issues and a non-working camera in the area behind the California Theatre.
20 Combined Agency/City Council Minutes Page 3 of 7 July 18, 2022
COMMITTEE REPORTS
Member Killings attended the Economic Development subcommittee.
Vice-Mayor Scales-Preston attended the Los Medanos Health Advisory Committee.
JOINT CITY OF PITTSBURG AND PITTSBURG INFRASTRUCTURE FINANCING
AUTHORITY
PUBLIC HEARING
5. Adoption of City Council Resolutions Adopting a Reassessment Report, Confirming and Ordering the Reassessment by Summary Proceedings and Authorizing and Directing Related Actions; Declaring the Intention to Establish Reassessment District 2022-1 and Levy Reassessments and to Issue Refunding Bonds; Authorizing the Issuance of Revenue Refunding Bonds and Approving and Authorizing Related Documents and Actions and a Pittsburg Infrastructure Financing Authority Resolution Authorizing the Execution of an Escrow Agreement in Connection with the Refunding of the 2011 Bonds and Approving and Authorizing Related Documents and Actions
Vice-Mayor/Chair Scales-Preston opened the public hearing. There being no one to speak to the item, Vice-Mayor/Chair Scales-Preston closed the public hearing.
On Motion by Member Banales, seconded by Member Killings to adopt all resolutions and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
CITY COUNCIL MEETING
PUBLIC HEARING
6. Adoption of a City Council Resolution to Confirm the Engineer’s Report, District Diagram and Assessment, and Levy the Annual Assessment for Citywide Landscaping & Lighting Assessment District 1988-01 for Fiscal Year 2022-23 Vice-Mayor Scales-Preston opened the public hearing. There being no one to speak to the item, Vice-Mayor Scales-Preston closed the public hearing.
On Motion by Member Killings, seconded by Member Banales to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
7. Adoption of a City Council Resolution to Confirm the Engineer’s Report, District Diagram and Assessment, and Levy the Annual Assessment for Oak Hills Landscaping & Lighting Assessment District 1988-02 for Fiscal Year 2022-23 21 Combined Agency/City Council Minutes Page 4 of 7 July 18, 2022 Vice-Mayor Scales-Preston opened the public hearing. There being no one to speak to the item, Vice-Mayor Scales-Preston closed the public hearing.
On Motion by Member Killings, seconded by Member Craft to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
8. By Minute Order, Receive Triennial Report on Drinking Water Public Health Goals Vice-Mayor Scales-Preston opened the public hearing. There being no one to speak to the item, Vice-Mayor Scales-Preston closed the public hearing.
On Motion by Member Craft, seconded by Member Banales to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
9. Adoption of a City Council Resolution to Amend Water Rates Vice-Mayor Scales-Preston opened the public hearing.
Mark Linde, Pittsburg, asked for a one year extension before implementing the increase.
Two unidentified residents protested the water rate increase.
There being no one to speak further to the item, Vice-Mayor Scales-Preston closed the public hearing.
On Motion by Member Banales, seconded by Member Killings to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
CONSIDERATION
10. By Minute Order, Select Commission Appointments to Vacancies on the Youth Advisory Commission and Planning Commission
On Motion by Member Banales, seconded by Member Killings to appoint Loveleen Badhan to the Youth Commission and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
On Motion by Member Killings, seconded by Member Banales to appoint Morriah 22 Combined Agency/City Council Minutes Page 5 of 7 July 18, 2022 Crose to the Youth Commission and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
On Motion by Member Killings, seconded by Member Craft to appoint Marvin Orozco to the Youth Commission and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
On Motion by Vice-Mayor Scales-Preston, seconded by Member Banales to appoint Dionne Adams to the Planning Commission and carried by the following vote:
AYES: Banales, Killings, Scales-Preston
ABSTAIN: Craft
ABSENT: White
11. Adoption of a City Council Resolution Allocating Funding and Approving the Five- Year Capital Improvement Program for Fiscal Years 2022/23 Through 2026/27 On Motion by Member Banales, seconded by Member Craft to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
12. Adoption of a City Council Resolution Approving a Purchase and Sale Agreement between the City of Pittsburg and Pittsburg Land Holdings LLC Mark Linde, Pittsburg, inquired about the appraised value of the property.
On Motion by Member Killings, seconded by Member Craft to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
13. Adoption of a City Council Resolution to Approve a Fifth Amendment to the ranchise Agreement for Refuse and Recycling Collection and Disposal between Pittsburg Disposal and Debris Box Service, Inc. and the City of Pittsburg
On Motion by Member Craft, seconded by Member Killings to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
14. Adoption of a City Council Resolution to Amend Lease Agreements at 27 and 31 Marina Boulevard between the City of Pittsburg and Global Resources Trading, LLC. 23 Combined Agency/City Council Minutes Page 6 of 7 July 18, 2022 On Motion by Member Killings, seconded by Member Banales to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
On Motion by Member Killings, seconded by Member Craft to adopt and carried by the following vote:
AYES: Banales, Craft, Killings, Scales-Preston
ABSENT: White
15. Minutes of June 20, 2022
16. Adoption of a City Council Resolution Designating a Voting Delegate at the League of California Cities Annual Conference in September 2022
17. Adoption of a City Council Resolution to Authorize the City Manager to Award a Contract for Water Treatment Plant Chemical Supply – Sodium Chlorite
18. Adoption of a City Council Resolution Accepting Project of Project 5006, Water System Reliability Project Phase IA - Buchanan Road Emergency Waterline Repair as Complete and Direct the City Engineer to File a Notice of Completion
19. Adoption of a City Council Resolution Approving a Consultant Agreement for Design of Contract 2021-20, Delta View Sports Fields, Project 3080
20. Adoption of a City Council Resolution to Accept Project 2207, West Leland Road Safety Improvement Project as Complete and Authorize the City Engineer to File a Notice of Completion
21. Adoption of a City Council Resolution Authorizing the City Manager to Execute Purchase Agreement for Water and Sewer Supplies
22. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Contract for Automatic Meter Reading Supplies
23. Adoption of a City Council Resolution to Temporarily Amend the Police Department Staffing Allocation
24 Combined Agency/City Council Minutes Page 7 of 7 July 18, 2022
24. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for AFSCME Union, Local 512 for the Period July 1, 2022, through June 30, 2025
25. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for the Pittsburg Police Officers’ Association for the Period July 1, 2022 through June 30, 2025
26. Adoption of a City Council Resolution Amending the Management Group and Senior Executive Team Salary and Benefit Schedules
27. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Teamsters Union, Local 856 for the Period July 1, 2022 through June 30, 2025
28. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Pittsburg Police Managers Group for the Period July 1, 2022, through June 30, 2025
29. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
Member Craft attended the ceremony for outgoing Police Chief Addington, and welcoming Police Chief Albanese. She also attended the tribute to Guillermo Muniz of New Mecca.
Vice-Mayor Scales-Preston attended the ceremony and dinner for the Police Chiefs.
ADJOURNMENT
The City Council adjourned at 9:41 P.M. to August 1, 2022 in memory of Joan Evola.
Respectfully submitted,
Alice E. Evenson, City Clerk
25 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Pittsburg Power Company Resolution Approving the 2021 Annual Power Source Disclosure Report to the California Energy Commission MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
State Law, Public Utilities Code Section 398.1(b), requires all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose resources or fuel types of power procured and sold to end use customers. The Pittsburg Power Company (PPC) provides electricity retail service on Mare Island, Vallejo in the name of Island Energy (IE) and is required by law to disclose the sources of its energy procurement and sales to its end users on Mare Island. The CEC requires the Governing Board of the PPC to approve its 2021 Annual Power Source Disclosure Report (2021 Annual PSD Report).
FISCAL IMPACT
Approval of the 2021 Annual PSD Report has no fiscal impact to IE’s Enterprise Fund or the City’s General Fund.
RECOMMENDATION
The Governing Board of the PPC approve the 2021 Annual PSD Report, attests the information contained in the report is true and accurate and the energy that PPC procured was sold once and only once to end use customers on Mare Island, Vallejo.
BACKGROUND
Electricity retail suppliers are required to report the resources or fuel types of power procured and sold in the form of a PSD Report developed by the CEC. The CEC also requires the PSD Report to be independently audited. An electricity retail supplier that is a public agency, such as PPC, is not required to comply with the audit requirements if the board of directors of the public agency approves the PSD Report at a public meeting and attests the information contained in the PSD Report is accurate. 26 SUBCOMMITTEE FINDINGS
The 2021 Annual PSD Report was presented to the PPC Subcommittee on May 24, 2022.
STAFF ANALYSIS
The 2021 Annual PSD Report shows that during calendar year 2021, 29.0% of PPC’s annual electricity sales to end use customers was purchased from solar generation, 0.5% from eligible hydroelectric sources, 25.4% from large hydroelectric generation, 4.1% from onsite distributed solar generation and 40.9% from unspecified source. In total, 29.5% of IE’s 2021 annual electricity sales to end use customers comes from CEC certified renewable sources. The methodology used in preparation of the 2021 Annual PSD Report is consistent with the CEC’s filing guidelines.
The 40.9% purchase from unspecified sources was power purchased from the California energy market and its sources of generation cannot be specified.
The 2021 Annual PSD Report was filed with CEC on May 26, 2022, to meet the reporting deadline of June 1, 2022. In addition, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the annual report, in lieu of a requirement to provide a verification from an auditor.
ATTACHMENTS: Resolution
2021 Pittsburg Power Company Power Disclosure Report
Report Prepared By: Vanessa Xie, Administrative Officer 27 Resolution No. Page 1 of 2 August 1, 2022
BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:
Approving the 2021 Annual Power Source )
Disclosure Report to the California Energy )
Commission ) RESOLUTION NO.
WHEREAS, the Pittsburg Power Company (PPC), a Joint Powers Authority, provides electricity and natural gas retail service at Mare Island, Vallejo in the name of Island Energy (IE); and
WHEREAS, State law and regulations require all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose resources or fuel types of power procured and sold to end use customers, and attest that electricity was sold only once to retail customers; and WHEREAS, PPC, in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing the sources of its energy procurement and sales to its end users on Mare Island, Vallejo; and
WHEREAS, the 2021 Annual Power Source Disclosure Report (2021 Annual PSD Report) was submitted to the CEC on May 26, 2022, to meet the reporting deadline; and WHEREAS, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the annual report, in lieu of a requirement to provide a report from an auditor.
NOW, THEREFORE BE IT RESOLVED, the Governing Board of the Pittsburg Power Company hereby approves the 2021 Annual PSD Report and attests to the veracity of said report, and attests that the energy procured by IE was sold once and only once to end use customers on Mare Island, Vallejo.
28 Resolution No. Page 2 of 2 August 1, 2022
PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company at a regular meeting on the 1st day of August 2022 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Chair
ATTEST:
______________________________
Garrett Evans, Executive Secretary
29 30
31 32
33 34
35 36
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting the Clean California Grant for Design and Construction of the Living Green Pittsburg - Trail and Community Outreach Project and Allocating Matching Funds MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The City applied for and has been awarded a Clean California Grant totaling $1,354,000 for design and construction of the Living Green Pittsburg – Trail and Community Outreach Project (Project). The Project will construct a pilot green space with bioswales, trees, artwork, and a Class I trail that will provide better access to the Pittsburg Center Bart Station. The Project will also launch a Citywide “Living Green” campaign that will include an outreach program and website to educate residents on littering and pollution. Adopting the attached Resolution will accept the grant and allocate funds for the Project.
FISCAL IMPACT
The total Project budget estimate is $2,166,250. The estimated budget includes $1,354,000 from the Clean California Local Grant Program, and $812,250 from the American Rescue Plan Act (ARPA) funds to be applied as City matching funds.
A detailed Budget Summary for the project is attached to this report.
RECOMMENDATION
City Council adopt a resolution accepting the $1,354,000 Clean California grant and allocate $812,250 from the ARPA funds for design and construction of the Project, for a total budget of $2,166,250.
37 BACKGROUND
The Clean California Grant Program, administered by the California Department of Transportation, provides $296 million in assistance to communities for the reduction of waste, enhancement of public spaces, reduction of urban heat island effect, improvement of public health, improvement of cultural and community connection, and advancement of equity for underserved communities.
Staff applied for the Clean California Local Grant Program for the construction of a Class I pedestrian and bike trail on an unused parcel along Frontage Road parallel to State Route
4. The trail will serve as a model greenspace for future green spaces around the City and will feature educational signage to promote proper waste disposal, recycling, green infrastructure, and active transport. The pedestrian trail will have bioswale features and drought tolerant vegetation and trees to treat stormwater and reduce urban heat island effects. The site will also have benches for seating, trash receptacles, water fountains, pet waste stations, community art, and lighting.
In addition to the construction of a linear trail, the Project will also launch a “Living Green” campaign focused on educating the community about littering, pollution, active transportation, and environmental stewardship. This outreach will consist of two parts:
educational events at four identified sites, and a social media campaign. The social media campaign will focus on promoting the “Living Green” brand and educating residents on proper waste disposal, recycling, composting, Bay-Friendly gardening, volunteering, and using active forms of transportation.
The Project will also fund the development of a “Living Green Pittsburg” website, which will expand on the existing Living Green Gardens website currently focused on promoting Bay- Friendly landscaping. The new website will be an educational hub for residents as well as a tool for the community to send feedback to the City about their public spaces, allowing them to take ownership of their parks, trails, and community areas. As part of the Project, several public spaces identified will receive cleanups and improvements to address issues such as litter and lack of shade.
The City has been awarded a total of $1,354,000 in grant funding for construction of the Class I trail and the launch of an outreach program which includes a functional website.
SUBCOMMITTEE FINDINGS
The Project was presented to the Land Use Subcommittee on November 19, 2021.
STAFF ANALYSIS
The Class I trail included in the Project will provide a pedestrian and bicycle path along Frontage Road, which will improve connectivity to the Pittsburg Center BART Station. This trail will extend Pittsburg’s bicycle and pedestrian network and promote active transportation around the City. In addition, providing a public green space in the unused parcel will likely reduce instances of illegal dumping, and the surrounding community will be able to enjoy the benefits of a vegetated trail for walking and recreation. 38 An outreach campaign promoting the “Living Green” lifestyle will help engage Pittsburg residents and businesses in keeping the City clean. Informational and volunteer cleanup events will be held throughout the City to help residents connect to their public spaces. The outreach campaign will also feature a website which will allow the public to suggest improvements and report common issues regarding public spaces around the City. Three of these sites were already identified and will be receiving the first round of improvements for the Project. Implementation of this website will help organize volunteer events and allow an easy way for community members to take ownership of public spaces by integrating existing programs such as adopt-a-spot.
The trail will provide a new public space for residents to walk and recreate while improving connectivity to the Pittsburg Center BART Station. The outreach efforts will also leave a lasting impact on the residents of Pittsburg, especially the youth.
Upon approval of this resolution, the City will accept grant funding under a Restricted Grant Agreement with Caltrans. When the receipt of Notice to Proceed from Caltrans is received, staff will begin soliciting for statements of qualifications from design firms for preparing the plans and specifications for the trail portion of the Project. The final layout for the trail will be determined during design. Staff will return to the City Council for authorization to award a design contract. A separate contract for the outreach portion will also need to be authorized and awarded around the same time.
Due to the many factors influencing the design and the need for approvals from Caltrans, other potential right-of-way requirements, and the grant funding obligation schedule, staff anticipates the design process will take one year. The Project schedule estimates trail construction will begin during spring 2023. The launch of the website is expected to coincide with the completion of the trail while the outreach campaign will be ongoing throughout construction process.
ATTACHMENTS: Resolution
Project Budget
Restricted Grant Agreement
Report Prepared By: Joseph Camaddo, Assistant Engineer
39 Resolution No. 22- Page 1 of 2 August 1, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting the Clean California Grant for )
Design and Construction of the Living Green )
Pittsburg – Trail and Community Outreach ) RESOLUTION NO. 22- Project and Allocating Matching Funds )
WHEREAS, the City applied for and has been awarded a Clean California Grant totaling $1,354,000 for design and construction of the Living Green Pittsburg – Trail and Community Outreach Project (Project); and
WHEREAS, the Project will construct a trail along Frontage Road for walking and recreation and launch an anti-littering campaign to promote proper waste disposal and sustainable practices; and
WHEREAS, staff requests that the Clean California Grant funds received in the amount of $1,354,000 be accepted and allocated to the Project budget; and WHEREAS, the City’s required grant matching contribution to the Project is $812,250; and
WHEREAS, staff requests the allocation of $812,250 from the American Rescue Plan Act (ARPA) funds be applied to the Project budget as grant matching funds; and WHEREAS, staff requests that the total Project budget be established at $2,166,250.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts Clean California Grant funds in the amount of $1,354,000, allocates $812,250 from ARPA funds for the City’s grant matching contribution, and directs staff to establish a budget for design and construction of the Project in the amount of $2,166,250.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
40 Resolution No. 22- Page 2 of 2 August 1, 2022 _______________________________
Alice E. Evenson, City Clerk
41 Attachment: Budget Summary
Living Green Pittsburg – Trail and Community Outreach Project This proposed project will build a new Class I trail along Frontage Road from Dover Way to Chelsea Way. The new trail will serve as a model for future greenspaces in the City, complete with anti-littering amenities and signage. This project will also include an outreach portion with events and improvements to other identified public spaces around the City as part of a citywide "Living Green Pittsburg" initiative.
Project Funding
Grant Amount Awarded $1,354,000
Total Project Cost $2,166,250
Local Match % 37.5
Total Local Match $812,250
Project Expenditures
Infrastructure Costs – Construction of approximately 1400LF of multipurpose trail along Frontage Road.
Construction Items $1,227,531
Construction Item Contingencies (10%) $122,753
Pre-construction Costs (PE+RW) $310,500
Construction Engineering $200,000
Total Infrastructure $1,860,784
Non-infrastructure Costs – Outreach and website development.
Consultant Costs $182,000
Staff Time Costs $123,218
Total Non-infrastructure $305,468
~Total Project Cost $2,166,250
42 City of Pittsburg
Agreement Number CCL-5127-042
AMS ADV ID: 0422000399
Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Pittsburg, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.
AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.
43 City of Pittsburg
Agreement Number CCL-5127-042
AMS ADV ID: 0422000399
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment
III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY
shall perform all the duties and obligations described in the Living Green Pittsburg - Trail and Community
Outreach Project, hereinafter “Project ”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution
authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e).
6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance
with California Streets and Highways Code §91.41 including, but not limited to, Government
Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations,
and ordinances, all applicable CALTRANS policies and procedures, and all applicable
CALTRANS
published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and
Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant adm
inistered by the department.”
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7. Project funding is as follows:
Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code
20.30.010.900
FY 2021/22
FY2022/231
$338,500.00
$1,015,500.00
Cash Local Match Agency Provided $812,250.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Project Costs $2,166,250.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General : 58 Ops. Cal. Atty. Gen. 586 (1975 ), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
9. Notification of Parties
a. AGENCY’s Project Manager for Project is Joseph Camaddo, (925) 331-7960. b. CALTRANS’ Contract Manager is Linda Phoen, (408) 595-4007. “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
City of Pittsburg
Attention: Joseph Camaddo, Assistant Engineer
Phone Number: (925) 331-7960
Email: [email protected]
Address: 65 Civic Ave, Pittsburg, CA 94565
Jie Chen
05/03/2022
$1,354000.00
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California Department of Transportation
District 4, Maintenance
Attention: Linda Phoen, Acting Senior Transportation Engineer Phone Number: (408) 595-4007
Email: [email protected]
Address: 111 Grand Ave, Oakland, CA 94612
10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.
Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $1,354,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.
13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.
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c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.
c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.
15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.
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c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
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j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.
16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.
17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. 49 City of Pittsburg
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c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
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b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
23. Retention of Records/Audits
a. AGENCY, its contractors,
subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
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b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
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24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
25. INTENTIONALLY DELETED
26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.
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f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.
27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
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1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 55 City of Pittsburg
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31. Limited Grant of Rights to CALTRANS for Use of Educational Programming ( “educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this 56 City of Pittsburg
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RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non- exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to 57 City of Pittsburg
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promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.
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c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.
35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager
37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024. 59 City of Pittsburg
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38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
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Section IV
Attachments:
The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.
I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF PITTSBURG
By:
By:
Printed Name:
Gretchen Chavez
Printed Name:
Garrett Evans
Title:
Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:
City Manager
Date:
Date:
By:
Printed Name:
Title:
Date:
61 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution Allocating Additional Funds and Awarding a Purchase Contract for a New 2022 Titan Combination Jet/Vacuum Sewer Cleaner Truck
MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure, including a combination jet/vacuum sewer cleaner truck that needs replacement. If approved, this resolution will allocate additional funds and authorize a purchase contract with Municipal Maintenance Equipment, Inc. (MME) for a new 2022 Titan Combination Jet/Vacuum Sewer Cleaner truck.
FISCAL IMPACT
The Combination Sewer Truck replacement is currently funded at $550,000 in the Sewer Operations Maintenance Budget for FY 2022/23. Due to inflation and supply chain issues the cost of the Sewer Truck has increased to $590,187.97. Additional funds are needed to cover the increased cost. If approved, the resolution would authorize allocation of $50,000 to cover the remaining cost of the truck from the City’s Sewer Operations Fund (Fund 521).
This is an appropriate use of these funds.
RECOMMENDATION
City Council adopt the attached Resolution allocating $50,000 from the City’s Sewer Operations Fund (Fund 521) and authorizing the City Manager to execute a contract with MME in the amount of $590,187.97, for purchase of a new Titan Combination Jet/Vacuum Sewer Cleaner truck.
BACKGROUND
The Public Works Department Fleet Maintenance Division is responsible for the maintenance of a vehicle fleet of cars, trucks, heavy equipment, and other equipment. The entire fleet has a replacement value of approximately $6 million. These vehicles are necessary to maintain efficient operations of the City. 62 Commonly used for both routine maintenance and emergency repairs, the sewer truck is an important piece of equipment that the City cannot do without. The combined sewer truck being replaced had equipment purchased in 2007 and a new truck chassis purchased in 2015. Both the equipment and the chassis have exceeded the useful life typical of this type of heavy equipment. The cost to repair the truck and equipment combined with the inefficiency of the equipment and additional maintenance that is required to keep the equipment in service is not financially responsible for the City. A replacement sewer truck is necessary.
The Sewer Operations Maintenance Budget for FY 2022/23 contains $550,000 for the Combination Sewer Truck replacement. This amount covered the estimated cost of the same truck and equipment in 2021 at the time this budget was created. The cost of the same truck and equipment has risen to over $590,000 over the past several months due to inflation and supply chain issues. Additional funds are needed to cover the increased cost.
Staff is requesting an additional allocation of $50,000 from the City’s Sewer Operations Fund (Fund 521) to fully fund the purchase.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Staff solicited cost proposals from Municipal Maintenance Equipment (MME), for the replacement sewer truck. MME is an authorized representative for Vac-Con, a vendor enrolled in a purchasing program where the State of California solicits proposals and negotiates purchase agreements for equipment commonly used by public agencies, including sewer trucks.
If approved, the agreement would authorize the City to make a “piggyback” purchase from MME for the price previously negotiated with the State of California for this equipment.
Staff recommends the City Council approve the attached resolution authorizing the City Manager to allocate additional funds and execute a contract with MME in the amount of $590,187.97, for the purchase of a new 2022 Titan Combination Jet/Vacuum Sewer Cleaner truck.
ATTACHMENTS: Resolution
MME Letter with Vac-Con Quote
Sourcewell Contract
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 63 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing Allocation of Funds and )
Execution of a Contract to ) RESOLUTION NO. 22 - _____ Purchase a New Sewer Cleaner Truck )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s Fleet; and,
WHEREAS, the current combination sewer truck is no longer reliable or cost- effective to repair; and,
WHEREAS, a replacement sewer truck is necessary for routine maintenance and emergency repairs to water and sewer infrastructure; and, WHEREAS, Sourcewell, formerly NJPA, has undertaken competitive bidding equivalent to or better than the requirements in City’s Purchasing Policy and has entered into contracts with various vendors including Municipal Maintenance Equipment, a California Corporation; and
WHEREAS, Municipal Maintenance Equipment, is an authorized dealer for Vac- Con and represents and warrants that it is bound by all terms and conditions of the Contract from RFP #101221; and
WHEREAS, the Combination Sewer Truck replacement is currently funded at $550,000 in the City’s Sewer Operations Maintenance Budget for FY 22/23; and WHEREAS, inflation and supply chain shortages have increased the cost of the truck since the budget was established; and
WHEREAS, staff requests allocation of $50,000 from the City’s Sewer Operations Fund (Fund 521) to fully fund the purchase of a new sewer cleaner truck.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes allocation of $50,000 from the City’s Sewer Operations Fund (Fund 521) for the remaining cost and authorizes the City Manager to execute a Contract in the amount of $590,187.97, with Municipal Maintenance Equipment for the purchase of a new 2022 Combination Sewer Cleaner Truck. 64 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
65 66
67 68
69 70
101221-VAC
Rev. 3/2021 1
Solicitation Number: RFP #101221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vac-Con, Inc., 969 Hall Park Road, Green Cove Springs, FL 32043 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 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 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. 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 C.F.R. § 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 C.F.R. § 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. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. 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 C.F.R. § 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 this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 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 C.F.R. § 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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 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 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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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. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must 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. Suppliers must 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. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must 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.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Vac-Con, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz M.J. DuBois, President, DuCo, LLC
Title: Chief Procurement Officer Title: Authorized Contract Administrator
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize City Manager to Execute a Contract for Water Treatment Plant Chemical Supply – Liquid Chlorine
MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The Public Works Department is responsible for the maintenance and operation of the City’s Water Treatment Plant and each year solicits bids for necessary chemical supplies. If approved, the resolution will authorize a purchase contract with vendor Thatcher Company of California, Inc. (Thatcher) as the only responsive bidder for Liquid Chlorine in the amount of $110,000.
FISCAL IMPACT
None from this action. Funding for water treatment chemical supplies was approved by the City Council with adoption of the City’s Operating Budget for Fiscal Year 2022-23 (Resolution No. 22-14107). No new funds are requested.
RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a contract with Thatcher in the amount of $110,000 for Water Treatment Plant (WTP) Chemical Supply – Liquid Chlorine.
BACKGROUND
The Public Works Department manages, operates and maintains the City’s 32 million gallon per day water treatment plant, eight distribution reservoirs, nine pumping stations and two wells, to reliably provide quality drinking water that meets or exceeds all federal and state requirements. Chemicals such as Liquid Chlorine are needed in the water treatment process.
107
The Bay Area Chemical Consortium (BACC) is a group of water and wastewater agencies in the Bay Area working together to purchase chemicals by combining bid solicitations.
Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products. As a result, the 50 participating agencies, including the City, can usually obtain lower prices as a group than by bidding alone. The City has received significant savings for chemical purchases through its participation with BACC.
Bids for the supply and delivery of Liquid Chlorine in the North Bay region were received by the BACC in April for the period of July 1, 2022, through June 30, 2023. The cost is $1,648.00/ one-ton cylinder. From past use of Liquid Chlorine at the WTP, staff estimates the cost of this chemical will total about $110,000 for the year.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City’s Public Works Department is part of the Bay Area Chemical Consortium (BACC) that bids out chemical supplies for approximately 50 agencies in the Bay Area. Thatcher is the only responsive bidder.
Staff recommends the City Council authorize the City Manager to execute a contract for purchase of Liquid Chlorine in the amount of $110,000 with Thatcher.
ATTACHMENTS: Resolution
Bid Results
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 108
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a Resolution Authorizing the )
City Manager to Execute a Contract ) RESOLUTION NO. 22- for the Water Treatment Chemical )
Supply- Liquid Chlorine )
WHEREAS, the Public Works Department is responsible to operate and maintain the City’s Water Treatment Plant; and,
WHEREAS, Liquid Chlorine is an essential chemical to treat and provide drinking water to the residents of Pittsburg; and
WHEREAS, the Public Works Department solicits bids through the Bay Area Chemical Consortium for Water Treatment Plant Chemical Liquid Chlorine each Fiscal Year; and
WHEREAS, Thatcher Company of California, Inc., was the only responsive bidder for all local regions; and
WHEREAS, funding is available in the Fiscal Year 2022/23 Water Operations budget.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a purchase contract and a Purchase Order with Thatcher Company of California, Inc. in the amount of $110,000 for Liquid Chlorine Chemical Supply for FY 2022-2023.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
109
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 15, 2022
Thatcher Company of California, Inc.
Attn: Craig N. Thatcher
PO Box 27407
Salt Lake City, UT 84127-0407
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 10-2022 for
Supply and Delivery of LIQUID CHLORINE.
Dear Mr. Thatcher,
We are please
d to advise you that the bid submitted by Thatcher Company of California, Inc. for Bid No. 10-2022 was determined to be the lowest responsive bid for the supply and delivery of LIQUID CHLORINE during the period July 1, 2022 through June 30, 2023.
The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with
Thatcher Company of California, Inc. for their respective facilities.
Bay Area Chemical Consortium sincerely appreciates your efforts and participati on in the
competitive bid process.
If you have any questions, please free to contact me at [email protected]
Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium 110
Bay Area Clean Water Agencies
Bid Results for Project 10-2022 LIQUID CHLORINE
Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022
SINGLE BID AWARD
Section LIQUID CHLORINE 150-lb Cylinders (Optional bid item) Description Marin Sonoma Napa North Bay Sacramento Sacramento Unit of Measure ton ton ton lb
Univar Solutions USA Inc. no bid no bid no bid no bid
Thatcher Company of California, Inc. $1,783.00 $1,648.00 $1,783.00 $1.93 LIQUID CHLORINE One-Ton Cylinders (2,000 lbs)
Per Section 2.16 Method of Award
Bids may be awarded by the participating BACC agencies to the lowest, responsive, and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region, and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements. BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities of said bids. 111
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize City Manager to Execute a Contract for Water Treatment Plant Chemical Supply – Sodium Hydroxide
MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The Public Works Department is responsible for the maintenance and operation of the City’s Water Treatment Plant and each year solicits bids for necessary chemical supplies. If approved, the resolution will authorize a purchase contract with vendor Univar USA, Inc. as the lowest responsible, responsive bidder for Sodium Hydroxide (Caustic Soda) in the amount of $200,000.
FISCAL IMPACT
None from this action. Funding for water treatment chemical supplies was approved by the City Council with adoption of the City’s Operating Budget for Fiscal Year 2022-23 (Resolution No. 22-14107). No new funds are requested.
RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a contract with Univar USA Inc. in the amount of $200,000 for Water Treatment Plant (WTP) Chemical Supply – Sodium Hydroxide.
BACKGROUND
The Public Works Department manages, operates and maintains the City’s 32 million gallon per day water treatment plant, eight distribution reservoirs, nine pumping stations and two wells, to reliably provide quality drinking water that meets or exceeds all federal and state requirements. Chemicals such as Sodium Hydroxide (Caustic Soda) are needed in the water treatment process.
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The Bay Area Chemical Consortium (BACC) is a group of water and wastewater agencies in the Bay Area working together to purchase chemicals by combining bid solicitations.
Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products. As a result, the 50 participating agencies, including the City, can usually obtain lower prices as a group than by bidding alone. The City has received significant savings for chemical purchases through its participation with BACC.
Bids for the supply and delivery of Sodium Hydroxide in the East Bay region were received by the BACC in April for the period of July 1, 2022 through June 30, 2023. The cost is $777.03 per dry ton. From past use of Sodium Hydroxide at the WTP, staff estimates the cost of this chemical will total about $200,000 for the year.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City’s Public Works Department is part of the Bay Area Chemical Consortium (BACC) that bids out chemical supplies for approximately 50 agencies in the Bay Area. Univar USA Inc. is the lowest responsible, responsive bidder.
Staff recommends the City Council authorize the City Manager to execute a contract for purchase of Sodium Hydroxide in the amount of $200,000 with Univar USA Inc.
ATTACHMENTS: Resolution
Bid Results
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 113
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a Resolution Authorizing the )
City Manager to Execute a Contract ) RESOLUTION NO. 22- for the Water Treatment Chemical )
Supply- Sodium Hydroxide )
WHEREAS, the Public Works Department is responsible to operate and maintain the City’s Water Treatment Plant; and,
WHEREAS, Sodium Hydroxide is an essential chemical to treat and provide drinking water to the residents of Pittsburg; and
WHEREAS, the Public Works Department solicits bids through the Bay Area Chemical Consortium for Water Treatment Plant Chemical Sodium Hydroxide (Caustic Soda) each Fiscal Year; and
WHEREAS, Univar USA Inc., was determined to be the lowest responsive, responsible bidder for all local regions; and
WHEREAS, funding is available in the Fiscal Year 2022/23 Water Operations budget.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a purchase contract and a Purchase Order with Univar USA, Inc. in the amount of $200,000 for Sodium Hydroxide Chemical Supply for FY 2022-2023.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco
March 15, 2022
Univar Solutions USA Inc.
Attn: Jennifer Perras
8201 S 212th St.
Kent, WA 98032
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 12-2022 for Supply and Delivery of SODIUM HYDROXIDE to East Bay, Marin Sonoma Napa, Sacramento, South Bay, North Bay and Tri Valley regions.
Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA Inc. for Bid No. 12- 2022 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYDROXIDE during the period July 1, 2022 through June 30, 2023 for regions: East Bay, Marin Sonoma Napa, Sacramento, South Bay, North Bay and Tri Valley.
The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Univar Solutions USA Inc. for their respective facilities.
Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.
If you have any questions, please free to contact me at [email protected]
Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium 115
Bay Area Clean Water Agencies
Bid Results for Project 12-2022 SODIUM HYDROXIDE
Issued on 01/27/2022
Bid Due on February 24, 2022 4:00 PM (PDT)
Exported on 02/24/2022
REGIONAL BID AWARD
CENTRAL VALLEY TOTAL
EST ANNUAL dry ton OVERALL
BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR
PER Dry ton COST PER dry ton COST REGION
Olin Corporation $994.00000 $475,132.00 $866.00000 $134,230.00 $609,362.00 Brenntag Pacific, Inc. $975.00000 $466,050.00 $833.00000 $129,115.00 $595,165.00 Univar Solutions USA Inc. $1,142.33000 $546,033.74 $816.74000 $126,594.70 $672,628.44
EAST BAY TOTAL
EST ANNUAL QTY Dry Ton OVERALL
BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST REGION Olin Corporation $877.00000 $781,407.00 $781,407.00
Brenntag Pacific, Inc. $825.00000 $735,075.00 $735,075.00 Univar Solutions USA Inc. $777.03000 $692,333.73 $692,333.73
MARIN SONOMA NAPA TOTAL
EST ANNUAL QTY Dry Ton OVERALL
BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR
PER Dry Ton COST PER Dry Ton COST REGION
Olin Corporation $928.00000 $74,240.00 $879.00000 $546,738.00 $620,978.00 Brenntag Pacific, Inc. $955.00000 $76,400.00 $825.00000 $513,150.00 $589,550.00 Univar Solutions USA Inc. $873.50000 $69,880.00 $805.77000 $501,188.94 $571,068.94
NORTH BAY TOTAL
EST ANNUAL QTY Dry Ton OVERALL
BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR
PER Dry Ton COST PER Dry Ton COST REGION
Olin Corporation $955.00000 $2,322,560.00 $865.00000 $830,400.00 $3,152,960.00 Brenntag Pacific, Inc. $935.00000 $2,273,920.00 $820.00000 $787,200.00 $3,061,120.00 Univar Solutions USA Inc. $860.20000 $2,092,006.40 $740.45000 $710,832.00 $2,802,838.40
SACRAMENTO TOTAL
EST ANNUAL QTY Dry Ton OVERALL
BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST REGION Olin Corporation $1,074.00000 $4,296.00 $1,043.00000 $762,433.00 $993.00000 $165,831.00 $891.00000 $1,229,580.00 $2,162,140.00 Brenntag Pacific, Inc. $1,040.00000 $4,160.00 $1,020.00000 $745,620.00 $1,005.00000 $167,835.00 $875.00000 $1,207,500.00 $2,125,115.00 Univar Solutions USA Inc. $1,019.35000 $4,077.40 $967.58000 $707,300.98 $957.34000 $159,875.78 $806.36000 $1,112,776.80 $1,984,030.96
SOUTH BAY TOTAL
EST ANNUAL QTY Dry Ton AGGREGATE
BID PRICE TOTAL EST BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR PER Dry Ton COST PER Dry Ton COST PER Dry Ton COST REGION Olin Corporation $1,016.00000 $10,160.00 $0.0000 0 $879.0000 $1,758,000.00 $1,768,160.00 Brenntag Pacific, Inc. $1,030.00000 $10,300.00 $1,550.0000 $4,650.0000 $828.0000 $1,656,000.00 $1,670,950.00 Univar Solutions USA Inc. $975.43000 $9,754.30 $2,129.7400 $6,389.2200 $779.6000 $1,559,200.00 $1,575,343.52
TRI VALLEY TOTAL
EST ANNUAL QTY Dry Ton OVERALL
BID PRICE TOTAL EST BID PRICE TOTAL EST COST FOR
PER Dry Ton COST PER Dry Ton COST REGION
Olin Corporation $987.00000 $320,775.00 $863.00000 $560,950.00 $881,725.00 Brenntag Pacific, Inc. $965.00000 $313,625.00 $827.00000 $537,550.00 $851,175.00 Univar Solutions USA Inc. $907.90000 $295,067.50 $761.37000 $494,890.50 $789,958.00 TOTAL EST QTY Dry Ton
CHECK: BID DOC TOTALS 4 1,624 2,602 6,658
325 650
4 1,624 2,602 6,658
10 3 2,000
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
4 731 167 1,380
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 0 2,432 960
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 80 0 622
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
0 0 0 891
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
478 0 155
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
20% CAUSTIC 25% CAUSTIC 30% CAUSTIC 50% CAUSTIC
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Approve Project Management Budget, Allocate Funds, and Authorize City Manager to Execute Contract with William K. Faisst, Consulting Engineer, Inc. for Water Treatment Plant Filter Replacement Project MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The Water Treatment Plant Filter Replacement Project is paramount to the City’s ability to continue providing high-quality drinking water to Pittsburg residents. Successful project management will require exceptional knowledge of the treatment plant and ample experience in designing and making improvements to water treatment plants. William K.
Faisst, Consulting Engineer, Inc. (WKFCE) meets and exceeds these requirements.
FISCAL IMPACT
Pittsburg recently sold approximately $40 Million of municipal bonds to fund the entire budget for the Water Treatment Plant Filter Replacement Project.
The City requested WKFCE submit a proposal for project management for the estimated four-year length of the project. The consultant submitted a proposed project management budget of $1,340,040, which would encumber funds from water bond proceeds. The initial contract would be for an amount not to exceed $312,000.
RECOMMENDATION
City Council approve project management budget, allocate funds from water bond proceeds, and authorize the City Manager to execute an initial Consultant Services Agreement with William K. Faisst, Consulting Engineer, Inc. for the Water Treatment Plant Filter Replacement Project in an amount not to exceed $312,000. 117
BACKGROUND
In the third fiscal quarter of FY 2021/2022, Pittsburg sold $40 Million in municipal bonds to fund the Filter Replacement Project at the Pittsburg Water Treatment Plant.
This project is the top priority project for Pittsburg’s Water Treatment Plant and is paramount to continuing to provide Pittsburg residents with safe and high-quality drinking water.
A project of this magnitude and complexity requires a project manager with ample skill and experience to assemble and direct the project team and keep the overall project on schedule and within budget.
William K. Faisst, PhD is an experienced, highly qualified water professional in the San Francisco East-Bay Region. Dr. Faisst has vast knowledge of Pittsburg’s Water Treatment Plant having been an author of the technical memo describing the current state of the filter galleries and the proposed solution to secure the future of the Water Treatment Plant.
SUBCOMMITTEE FINDINGS
This item was not brought before a subcommittee.
STAFF ANALYSIS
The Engineering Department, Capital Improvement Section does not have staff with the experience and expertise to manage the complexity of the Filter Replacement Project. For over 30 years, Bill Faisst has provided expertise to his municipal clientele regarding all aspects of municipal water systems. He most recently led the Brown & Caldwell Municipal Water Resources Group.
At the City’s request, Dr. Faisst prepared a project management budget estimate based on 24 hours per week for four (4) years of continuous service.
The initial contract period would be from July 1, 2022 – June 30, 2023, with a project management budget of $312,000.
In each subsequent year, the project management budget will adjust according to the California Department of Industrial Relations (DIR) “All Users” Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward area. The project will utilize the April-to-April index adjustment, and the adjustment will be applied as of July to coincide with the new fiscal year and potential contract renewals.
The projected 4-year budget is as follows and assumes a +5% annual adjustment. The actual annual adjustments will not be known until April of each subsequent fiscal year but is estimated to be less than +5% annually.
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Fiscal Year Weeks Weekly Hours Adjusted Rate Total Budget July 1, 2022- June 30, 2023 52 24 $250.00 $312,000
July 1, 2023- June 30, 2024 52 24 $260.00 $324,480
July 1, 2024- June 30, 2025 52 24 $275.00 $343,200
July 1, 2025- June 30, 2026 52 24 $290.00 $360,360
$1,340,040
ATTACHMENTS: Resolution
Proposal Letter
Consultant Services Agreement
Report Prepared By: Scott Alman, Interim Assistant City Engineer 119
Resolution No. 22- Page 1 of 2 August 1, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving Project Management Budget, )
Allocating Funds, and Authorizing the City ) RESOLUTION NO. 22- Manager to Execute a Contract with William )
K. Faisst, Consulting Engineer, Inc. for Water)
Treatment Plant Filter Replacement Project )
WHEREAS, in the third quarter of FY 2021/2022, Pittsburg sold $40 Million in municipal bonds to fund the Water Treatment Plant Filter Replacement Project; and WHEREAS, the Filter Replacement Project is the top priority for the Pittsburg Water Treatment Plant and is paramount to continue providing Pittsburg residents with safe and high-quality drinking water; and
WHEREAS, projects of this magnitude and complexity require managers with ample skill and experience to assemble and direct the team and keep the overall project on schedule and within budget; and
WHEREAS, William K. Faisst, PE, PhD is a highly-qualified California Professional Engineer specializing in municipal water systems in the San Francisco East-Bay Region, with extensive knowledge of Pittsburg’s Water Treatment Plant having been one of the authors of the technical memo describing the current state of the filter galleries; and
WHEREAS, William K. Faisst Consulting Engineer, Inc. has submitted a proposal for project management services over the projected four (4) years of the rehabilitation project; and
WHEREAS, if approved, the initial contract will be for project management services for the period of July 1, 2022 through June 30, 2023 in an amount not to exceed $312,000 funded by bond sale proceeds.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the project management budget, allocates funds from bond sale proceeds, and authorizes the City Manager to execute a contract with William K. Faisst, Consulting Engineer, Inc. for project management services with the Water Treatment Plant Filter Replacement Project in an amount not to exceed $312,000.
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Resolution No. 22- Page 2 of 2 August 1, 2022 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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1667 SUNNYVALE AVENUE, WALNUT CREEK, CA 94597-1861
T 925-935-8628 C 925-997-6992 E [email protected] William K. Faisst, Consulting Engineer Inc.
June 1, 2022
Mr. Scott Alman. P.E.
Interim Assistant City Engineer
Engineering Division
City of Pittsburg
65 Civic Avenue
Pittsburg CA, 94565
Subject: Proposal for Program Manager Support for the City of Pittsburg Water Treatment Plant Filter Rehabilitation Project
Dear Mr. Alman:
In response to your recent request, William K. Faisst Consulting Engineer Inc. (WKFCE) is pleased to submit this proposal to the City of Pittsburg (COP) to deliver program management support for the Filter Rehabilitation Project (Project) at the COP water treatment plant (WTP). This proposal describes a project understanding, scope of work, qualifications, schedule, compensation, and Terms and Conditions.
Project Understanding
Built in the 1950s and the 1970s and updated extensively in the 1980s and 2010s, the WTP filters and associated equipment such as underdrains, piping, controllers and control systems have reached the end of their useful life. The Project will develop the Filter Rehabilitation Plan (Plan—Brown and Caldwell Technical Memorandum, January 14, 2022) into a bid-ready design package, then follow bidding and construction through commissioning, startup and operations. WKFCE will work closely with COP staff (especially at the WTP) to assist COP staff in soliciting proposals and selecting the most qualified consulting team for project design and other related services. Early work in the Project will resolve outstanding issues in the Plan. Subsequent work will 138
2 will support the COP through design, bidding, construction, commissioning and project close-out.
Scope of Work
WKFCE will carry out the following tasks.
Task 1. Project/Program Management
Project/program management activities include the following subtasks.
1.1 Determine which consultant resources and team will be required to successfully complete this project including environmental (CEQA), safety, documentation, peer reviews, specialty reviews, permitting, Cal DDW interaction and approvals, construction management and inspection, specialty inspection(s),
commissioning, and project close-out. WKFCE will facilitate garnering the required resources through direct contracting with the COP or by use of an existing COP on-call contractor. WKFCE will then manage the team and the contractual relationships of the team
1.2 Assist the COP in the RFP process including
a. Preparation of the draft RPF with input on the scoring process
b. Be the City’s main point of contact for the project
c. Provide responses to any proposer questions
d. Review and scoring of proposals
e. Facilitate and participation in an interview process as needed.
f. Identify the most qualified firm for negotiations
g. Participate in negotiations with the highest ranked firm h. Prepare draft Council agenda report, resolution(s) and supporting documentation (with city staff assistance) for Council contract award with the selected consultant.
1.3 Assist with contract negotiations and recommendation to award, reviewing proposed scope against budget.
1.4 Throughout project execution, provide oversight of consulting team including monthly checking of progress against the consultant’s claimed earned value and the scope of work, 139
3 assessing progress on the schedule, reviewing invoices and progress reports, and recommending invoices for payments.
1.5 Draft any deficiency notices.
1.6 Organize and moderate monthly virtual progress meetings.
Circulate agendas ahead of the meetings and follow up with summary minutes.
1.7 Prepare and submit concise monthly reporting on project status.
1.8 Support Community Development Department for CEQA
compliance (likely a negative declaration or mitigated negative declaration) such as project description (prepared by design consultant) and impacts requiring mitigation.
1.9 If requested, assist the COP with grant/loan applications such a State Revolving Fund or ARPA, or help the COP find a grant writing specialist.
1.10 Prepare and submit monthly invoices for work completed by WKFCE, together with a summary report on completed
activities.
Task 2. Design
Design activities include the following subtasks.
2.1 In overview, lead COP staff and the consultant team through development of a Basis of Design Report (BODR). The design consultant will prepare the BODR to resolve all outstanding issues from the planning TM, create at an initial minimum site civil development plan, flow schematic and hydraulic profile, process and instrumentation diagrams, electrical single line, key equipment definition, and specification outline with updated cost estimate and schedule.
a. Organize and moderate a kick-off meeting to confirm goals and COP preferences and limitations. Review and approve a
consultant-proposed BODR outline. Circulate a consultant- prepared agenda ahead of the meeting and follow up with consultant-prepared summary minutes.
b. At about 50 percent completion organize and moderate a progress meeting to confirm goals and COP preferences and limitations. Circulate a consultant-prepared agenda ahead of the 140
4 meeting and follow up with consultant-prepared summary minutes.
c. Organize a meeting where the consultant will present the key items decided upon through the BODR. Circulate an agenda ahead of the meeting and follow up with consultant-prepared summary minutes.
d. Review the draft BODR. Coordinate with COP staff on review comments and forward consolidated comments to consultant. e. Check the final BODR.
2.2 For each subsequent design phase (a total of four as described below):
a. Organize and moderate a start of phase meeting, identifying any remaining decisions from the previous phase and path to resolution. Circulate a consultant-prepared agenda ahead of the meeting and follow up with consultant-prepared summary
minutes.
b. Check in regularly with COP staff to confirm that progress is in their preferred direction.
c. Hold one or two design progress meetings (likely virtual).
Circulate a consultant-prepared agenda ahead of the meeting and follow up with consultant-prepared summary minutes. d. Organize a meeting where the consultant will present the phase design draft. Circulate a consultant-prepared agenda ahead of the meeting and follow up with consultant-prepared summary minutes.
e. Review the updated consultant-prepared construction cost estimate.
f. Review the design phase submittal and coordinate creating an integrated set of review comments from COP staff, any specialty reviewers, and WKFCE.
g. Identify any issues that the next phase should resolve.
Task 3. Bidding and Award
Activities during bidding and award include the following subtasks.
3.1 Assist the City in establishing an online bidding platform such as Planet Bid©. The City will contract directly with the
software/bidding site firm.
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5 3.2 Advertise for bids such as newspaper announcement and notification to plan houses.
3.3 Coordinate with COP staff to make contract documents available for sale.
3.4 Organize and hold prebid conference. Develop agenda and circulate meeting minutes.
3.5 Accept and organize bidder requests for information. Assemble design consultant responses a “publish” electronically.
3.6 Receive and review bids and report to COP on bidding results, with award recommendation.
Task 4. Construction
Activities during construction will include the following subtasks.
4.1 Assist the COP in selecting and managing the CM and Inspection consultant for construction.
4.2 Coordinate with COP staff to check for any problems/challenges; document and help resolve outstanding issues.
4.3 Carry out periodic site visits with the CM and the contractor.
4.4 Review completion status and review submittal, RFI and change order logs with the CM.
4.5 Review and approve change orders and payment requests with the CM.
4.6 Review and approve CM and consultant invoicing.
4.7 Monthly, summarize project progress for key COP staff— Director of Public Works and COP Engineer.
4.8 Assist COP staff with any project close-out activities.
Assumptions
For this assignment, WKFCE makes the following assumptions about project activities and responsibilities of WKFCE.
1. Design will include the following phases:
a. Basis of Design Report (BODR)
b. 30 percent Submittal
c. 60 percent submittal
d. 90 percent submittal (draft final design)
e. Final design.
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6 2. WKFCE will not carry out detailed review of architectural, structural, HVAC, electrical and controls design components. COP will engage specialty consultants for those reviews. WKFCE will facilitate selection of the required consultants, contracting them with the COP, and managing the overall team throughout the project.
3. WKFCE will not develop the construction schedule but will review consultant- and/or contractor-developed schedules, presented in Microsoft Project.
4. During bidding, COP staff also will review the bids.
5. WKFCE will facilitate the selection of and COP will engage an independent firm to provide construction management (CM), with resident engineer and inspection. The contractor will provide testing services during construction.
Qualifications
Dr. Faisst has over 46-years’ experience in the planning and design of water and wastewater treatment facilities including extensive work evaluating and upgrading existing facilities. He has gained significant facilities knowledge through work on the COP WTP for over a decade on multiple assignments.
Schedule, Expected Level of Effort and Consultant Availability WKFCE will commence work immediately upon notice to proceed, with an expected overall project duration of up to 42 months. Through City fiscal year year 2023, WKFCE has programmed a level of effort of up to 1248 hours. For subsequent years the COP and WKFCE will jointly agree to a level of effort. Dr.
Faisst will be reasonably available to the COP and will endeavor to schedule any time off well in advance.
Compensation
The hourly billing rate for William K. Faisst, PE, PhD will be $250 per hour through June 30, 2023 (FY 2022-2023) beginning on July 1, 2023. Each July 1st thereafter, Dr. Faisst's billing rate will be adjusted to the nearest $5 increment based on the April-April Consumer Price Index - California (CPI) as produced by the California Department of Industrial Relations for All Urban Consumers in the San Francisco/Oakland/Hayward/San Jose area.
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7 WKFCE will bill any subconsultant costs at cost plus 5 percent. Other expenses will bill at cost, with mileage charged at the Internal Revenue Service rate at the time of invoicing. The initial COP authorization is up to $312,000 for labor and other expenses from the date of this contract through June 30, 2023.
WKFCE will not exceed this cost without prior written authorization from the COP. Table 1 summarizes the estimated hourly rates and authorization for the next four City fiscal years.
Table 1. Projected City of Pittsburg Authorization to WKFCE For Assistance on Water Treatment Plant Filter Rehabilitation and Hypochlorite Conversion
Fiscal Year
Projected
Maximum
Hours
Hourly Rate
Estimated Fiscal
Year Billing
2022/2023 1248 $250 $312,000
2023/2024 1248 $260 $324,480
2024/2025 1248 $275 $343,200
2025/2026 1248 $290 $360,360
Total $1,340,040
Note: a. Hourly rates after Fiscal Year 2022/2023 subject to adjustment on July 1st of the following fiscal year. Hourly rates shown assume 5 percent yearly increase. Actual adjustment will occur as described in this proposal.
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8 Terms and Conditions
WKFCE will carry out this assignment in accordance with the COP standard terms and conditions, with minor changes as approved by the City.
I greatly appreciate the opportunity to assist the COP. Please call or email me (925-997-6992; [email protected])
Respectfully submitted,
William K. Faisst, Ph.D., P.E.
President
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Termination of 401(a) Plan #107079 Between Mission Square and the City of Pittsburg MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
Consideration of a Resolution Approving the Termination of 401(a) Plan #107079 Between Mission Square and the City of Pittsburg.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution Approving the Termination of 401(a) Plan #107079 Between Mission Square and the City of Pittsburg.
BACKGROUND
The City sponsors and maintains Deferred Compensation 457(b) and 401(a) retirement plans through Empower Retirement (“Empower”). The City’s previous provider was ICMA- RC, now known as Mission Square Retirement.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City no longer contributes to Mission Square Retirement. However, the City’s 401(a) account remains active, with no continuing contributions. A few City employees have remaining accounts that require either plan reinstatement per the Internal Revenue Service (IRS) or termination of the plan, requiring a roll-over to a plan with active contributions. 146
City contributions are currently provided through Empower. These contributions allow employees to invest dollars on a pre-tax basis for financial needs during retirement and are vested in each employee’s account individually.
City staff is recommending the Mission Square 401(a) plan #107079 be terminated as funds are no longer being contribute to this provider.
Participants and beneficiaries can withdraw their assets through Mission Square any time after the effective termination date. Participants must make an election to withdraw or roll over assets by the automatic distribution date.
For tax reporting purposes, participants will receive an IRS Form 1099-R the January following the year in which they receive a distribution.
The attached resolution names the City Manager as Administrator of the Mission Square 401(a) Plan #107079 and authorizes him to execute the necessary documents to terminate the agreement.
ATTACHMENTS:
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 147
Resolution No. 22- Page 1 of 1 July 18, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Termination of 401(a) Plan )
#107079 Between Mission Square )
Retirement and the City of Pittsburg ) RESOLUTION NO. 22- )
WHEREAS, the City’s 401(a) account with Mission Square Retirement remains active, with no continuing contributions; and
WHEREAS, the City has determined that the establishment of the Plan administered by the Mission Square and/or its affiliates is no longer needed; and WHEREAS, the City desires Plan #107079 between Mission Square and the City of Pittsburg be terminated.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the resolution authorizing the City Manager to terminate Plan #107079 with Mission Square Retirement.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for IBEW Union, Local 1245 for the Period July 1, 2022 through June 30, 2025
MEETING DATE: August 1, 2022
EXECUTIVE SUMMARY
The City of Pittsburg and IBEW Union, Local 1245 (IBEW) are proposing terms and conditions of employment for IBEW for the period of July 1, 2022 through June 30, 2025 (Contract Period).
FISCAL IMPACT
The total net impact to the General Fund in Fiscal Year 2022-23 is $86,000 and will be reflected in the current budget. The costs associated with the terms and conditions for the remaining fiscal years of the Contract Period will be budgeted accordingly in future fiscal years.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the tentative agreement between the City and IBEW for the Contract Period, authorizing the City Manager to prepare and execute a successor Memorandum of Understanding (MOU), and authorizing corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.
BACKGROUND
The City and IBEW started negotiation sessions in March 2022 to develop a successor MOU and after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, have reached a tentative agreement on the terms and conditions of employment that provides for a three-year contract, cost of living adjustments (COLAs) each year, and an amendment to the contract terms regarding deferred compensation and the terms of Winter Closure. IBEW’s most recent MOU expired June 30, 2022.
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IBEW membership ratified the parameters of the tentative agreement package on July 21, 2022.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
Following a comprehensive salary and benefits study, the City and IBEW agreed to wage increases competitive with market rates beginning with a five percent (5%) COLA for the first full pay period of Council approval, a four percent (4%) COLA for the first full pay period following July 1, 2023, and a three percent (3%) COLA following the first full pay period following July 1, 2024.
Based on the unique industry standards for high voltage utility workers, the City agrees that effective October 1, 2022, this MOU shall reopen on the issues of standby pay and effective June 30, 2023, this MOU shall reopen on the issues of overtime.
In both cases, the parties will meet to study and evaluate the current labor market for IBEW- represented classifications with regard to standby pay and double-time overtime. The parties will review IBEW’s June 21, 2022 proposals on these issues to determine whether to modify either the standby or overtime provisions of the MOU. Any changes will be by mutual agreement only.
Beginning on July 5, 2015, the City implemented a 40-hour winter closure accomplished by a one point nine two five percent (1.925%) reduction in pay (1.54 hours per pay period).
Effective the first full pay period following July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct 1.54 hours per pay period. However, the parties agree that the City continue the Winter Closure in the amount of forty (40) hours per fiscal year.
Winter Closure shall occur during the months of December and January. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of the department. Employees may use vacation, compensatory time off, floating holiday or unpaid leave to cover the Winter Closure.
If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time).
Upon Council adoption, the City agrees to calculate the 1.54 hours (the 1.925% deduction) per pay period per employee from the first full pay period after July 1, 2022 to adoption, and provide employees with the option to cash out said amount or have the appropriate hourly equivalent added to their compensatory time off account.
Effective the first full pay period following the later of City Council adoption or July 2022, the City will increase the “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of One-Hundred Fifty Dollars and ($150) per month. The City will make a “matching” contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of Seventy-Five Dollars ($75) per month.
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The terms and conditions of the tentative agreement include the following amendments to the draft MOU:
1) Term (Section 2)
2) Salaries (Section 4)
3) Winter Closure (Section 4.C.)
4) Deferred Compensation (Section 5.8)
5) Standby (Section 6.2)
6) Overtime (Section 17.1)
Should the City Council approve these terms, staff will prepare a successor MOU that incorporates the agreed upon changes.
ATTACHMENTS:
Exhibit A – Comprehensive Tentative Agreement between the City of Pittsburg and IBEW Union
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 151
Resolution No. 22- Page 1 of 1 August 1, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Terms and Conditions of )
Employment for IBEW Union, Local 1245 ) RESOLUTION NO. 22- for the Period of July 1, 2022 Through )
June 30, 2025 )
WHEREAS, the most recent Memorandum of Understanding (MOU) between the City of Pittsburg and IBEW Union, Local 1245 (IBEW) expired on June 30, 2022; and WHEREAS, after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages and a variety of other contract concerns, the City and IBEW have reached a tentative agreement on the terms and conditions of employment; and
WHEREAS, staff recommends a three year contract term, cost of living adjustments each year, and amendment to the contract terms regarding deferred compensation and Winter Closure; and
WHEREAS, City representatives and the duly appointed representatives IBEW have met and conferred in accordance with Section 3500 et seq. of the California Government Code; and
WHEREAS, the membership of the IBEW ratified the tentative agreement, attached as Exhibit A to the Staff Report, on July 21, 2022; and WHEREAS, upon adoption of this Resolution, the City Manager and staff will prepare a successor MOU that incorporates the agreed upon terms and conditions.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the tentative agreement between the City and IBEW for the period of July 1, 2022 through June 30, 2025, authorizes the City Manager to prepare and execute a successor MOU, and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2022-23, 2023-24, and 2024-25.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of August 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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City of Pittsburg and IBEW Local 1245
Successor Agreement Negotiations
City Package Proposal No.4
Distributed at the Bargaining Table – July 20, 2022
1 Local 1245 Counter Presented on 7/20/2022 at 1020 (R3)
1. Term [Same as IBEW 6/8 & 6/21 Proposals]
3 Years (July 1, 2022 – June 30, 2025)
2. Wages
[Same as IBEW 6/8 & 6/21 Proposals]
Cost of Living Adjustments:
• Effective the first full pay period following the later of City Council adoption or July 1, 2022:
5.0%
• Effective the first full pay period following the later of City Council adoption or July 1, 2023: 4.0%
• Effective the first full pay period following the later of City Council adoption or July 1, 2024: 3.0%
[Note: City continues to believe that the median market position identified in the 2019 agreement between the parties remains appropriate. Therefore, the City does not propose any additional equity increases.]
3. Standby
City
May 12, 2022 Proposal
4. Reopener on
Standby and Overtime [New]
Effective October 1, 2022, this Memorandum of Understanding shall reopen on the issues of Standby Pay.
Effective June 30, 2023, this Memorandum of Understanding shall reopen on the issues of Standby Pay and Overtime.
In both cases, the
Parties will meet to study and evaluate the current labor market for IBEW-represented classifications with regard to standby pay and double-time overtime.
The Parties will review IBEW’s 6/21/22 proposals on these issues to determine whether to modify either the standby or overtime provisions of the MOU. Any changes will be by mutual agreement only.
5. Winter Closure
[Consistent with AFSCME Agreement]
Replace Section 4.C with the following:
EXHIBIT A
153
City of Pittsburg and IBEW Local 1245
Successor Agreement Negotiations
City Package Proposal No.4
Distributed at the Bargaining Table – July 20, 2022
2 C. Beginning on July 5, 2015, the City implemented a 40-hour unpaid “Winter Closure” accomplished by a one point nine two five percent (1.925%) reduction in pay (1.54 hours per pay period).
Effective the first full pay period following the later of City Council adoption or July 1, 2022, the 1.925% deduction will cease and the City will no longer deduct
1.54 hours per pay period.
Beginning with the 2022-23 Fiscal Year, the Winter Closure, will occur as follows. Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. Employees will be encouraged to take time off, however, it will not be a requirement. Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period. The use of unpaid leave during winter closure time will not negatively impact the employee’s qualification for paid holidays (e.g., December 25 or January 1); or qualification for City-paid health benefits.
However, additional paid leaves do not accrue during unpaid leave time.
Employees who choose to work on a City closure day may be assigned to perform duties outside of their normal job duties. Any assigned duties must be reasonable in nature.
D. Closure of Facilities to the Public
The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.
Upon Council adoption, the City agrees to calculate the 1.5 hours (the 1.92% reduction) per pay period per employee from the first full pay period in July, 2022 to adoption, and provide employees with the option to cash out said amount or have the appropriate hourly equivalent added to their compensatory time off account.
6. Deferred Compensation
[New Proposal presented outside of the groundrules timeline in the interest of settlement] Add the following to Paragraph 5.8:
Effective the first full pay period following the later of City Council adoption or July 2022, the City will increase the “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of one-hundred fifty dollars and zero cents ($150.00) per month. The City will make a “matching” contribution to the 457 deferred compensation plan for 154
City of Pittsburg and IBEW Local 1245
Successor Agreement Negotiations
City Package Proposal No.4
Distributed at the Bargaining Table – July 20, 2022
3 participating regular part-time employees up to a maximum of seventy-five dollars and zero cents ($75.00) per month.
7. Local 1245 will Withdraw UP 5, Bereavement Leave, and withdraws its counter on Holidays presented 6/8/2022 at 1000 hours, however.
[This is a package proposal made in the interest of settlement. All Issues not included in this proposal remain status quo.]
Tentatively agreed to by the parties
For the City:_________________________ Date: _________________
For Local 1245: _____________________ Date: ________________
07/20/2022
20 July, 2022
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City of Pittsburg and IBEW Local 1245
Successor Agreement Negotiations
City Proposal
Distributed at the Bargaining Table - May 12, 2022
ARTICLE 6. INCENTIVES AND DIFFERNTIALS
Section 6.2 Standby Shift
In order to provide emergency service during evenings, weekends, and holidays, IBEW Local 1245 agrees that employees shall make themselves available to respond to emergency calls.
The employee scheduled for standby shall receive $78.57 for each day on standby. Employees will normally be assigned standby in full week increments which begin five hundred fifty dollars ($550) for each standby shift. A standby shift is a one-week period that begins at the end of the employee's Thursday shift (standby shift). However, employees may voluntarily agree to share a standby shift and each employee will be paid based on the number of days on standby.
An employee on standby receives an additional eight (8) hours of compensatory time off at their regular rate of pay when on standby on Thanksgiving Day or Christmas Day.
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