Cities Index.
Agenda packet

Rocklin City Council
June 25, 2024

Document
Agenda packet
Meeting
June 25, 2024
Body
Rocklin City Council
Pages
26
Original file
63.6 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

a. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

ix. Verification of Coverage. Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

x. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

xi. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS

A. Contract Documents. This Agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflic t between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written Agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity .

Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.
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C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during

regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration or modification of this Agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin Fire Department
Fire Marshal
4060 Rocklin Rd
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Shums Coda Associates
David Basinger, CEO
5776 Stoneridge Mall Rd Suite 150
Pleasanton, CA 94588

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out 316
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of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully c omplied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

/ / Signatures on the following page

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CONTRACTOR

By:

David Basinger, CEO Date

By:

Christine Godinez, COO Date

CITY OF ROCKLIN

By:

Aly Zimmermann, City Manager

Date: _____________________________

ATTEST:

By:

Avinta Singh, City Clerk

Date: _____________________________

APPROVED AS TO FORM:

By:

Matthew McOmber, City Attorney

Date: ____________________________

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EXHIBIT A
Contractor Proposal/Scope of Work

SCA can provide fire/life safety reviews: site reviews for hydrants and apparatus access, fire suppression, fire alarm, NFPA standards as they pertain to construction, equipment, fire protection systems, smoke control reports and hazardous materials to the currently adopted International Fire and Building Codes (all as modified or amended by the jurisdiction). Our team constantly works with local Fire Depar tments, Fire Districts, and Fire Marshal to coordinate that these fire systems and features will be in code compliance to all local amendments and interpretations.

SCA provides fire inspection services of site and building features as directed by the jurisdiction.

These services include:
 Perform new construction and occupancy inspections for compliance to the applicable Fire codes as amended by the City of Rocklin.
 Review of all approved plans, specifications, and documents.  Review and respond to all inspection requests and reports.  Attend mandatory meetings, including safety training and project management.  Available for any requested annual inspections or specific emergency fire assessments

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EXHIBIT B
Schedule of Performance

In general, SCA’s plan review turnaround timeframe is ten (10) business days for initial reviews and seven (7) business days for rechecks and revisions; however, it is important to note that SCA will work with the City of Rocklin to come to an agreed upon timeframe. Timeframes for large-size projects will be confirmed with Rocklin Fire staff prior to proceeding with the review, as some larger and more complicated systems may demand additional time to provide a complete code review.

Expedited plan reviews, or third -party plan reviews will have a separated negotiated turnaround timeframe for each project. When expedited plan reviews are requested, we will perform the plan review as quickly as SCA staff schedules will allow. An expedited review is typically completed in half of the standard turnaround time, but SCA has (at times) been able to review in shorter periods.

These types of review schedules are typically determined based on the complexity of the project and the availability of SCA staff to complete the review

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EXHIBIT C
Schedule of Fees

Fees not to exceed maximum aggregate amount of $250,000 (two hundred fifty thousand dollars) over the term of the agreement with not to exceed maximum amount of $50,000 (fifty thousand dollars) each fiscal year.

Invoices will be submitted to the jurisdiction on a monthly basis and be based on hourly rates described below:

Overtime will not be charged for any plan review services, but SCA does reserve the right to negotiate additional fees for major re-designs or consistently incomplete responses to initial plan review comments (as agreed upon mutually with the jurisdiction). Overtime for inspection and other services will be charged at 150% of the standard hourly rates (as agreed upon mutually with the jurisdiction).

** Hours for inspections in excess of 8 hours (per day) will be billed as overtime at the rate shown above. When inspection overtime is requested, on days when inspector has not already performed inspections on the site (i.e., weekends, holidays, etc.), inspection overtime services will be provided in 4-hour minimum segments.

Fees for expedited reviews will be negotiated directly with City’s Fire Marshal prior to beginning the review and will be a fixed fee based on determined complexity of the project, availability of SCA staff and requested expedited turnaround schedule. It will be possible that an expedited review can be completed with no additional charge in some instances.

Payment
City shall pay Contractor for all services rendered pursuant to this Agreement as set forth in Exhibits A and C, titled Scope of Work/Contractor Proposal and Schedule of Fees, attached hereto and in accordance to the terms outlined in Section 2 Compensation.

Invoices
Invoices for payment shall be provided to City monthly or within 30 calendar days of the final 321
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EXHIBIT C (continued)
Schedule of Fees

service date or by July 15 whichever is sooner. City will review, approve, and pay all valid invoices within 30 days of receipt.

Invoices for payment will be submitted by email or mail to the following addresses, will be on Contractor’s letterhead and will include the remittance address, a unique invoice number, a detailed list of expenses with dollar amounts and supporting documentation, if requested.

Email address:

[email protected]

Mailing address:

City of Rocklin Fire Department
Attn: Accounts Payable
4080 Rocklin Road
Rocklin, CA 95677

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EXHIBIT D

CERTIFICATE OF COMPLIANCE WITH LABOR CODE §
3700
[Labor Code § 1861]

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR

By:_____________________________
David Basinger, CEO
Date: ___________________________

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RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR FIRE

PLAN REVIEW AND INSPECTION SERVICES TO CSG CONSULTANTS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Fire Department has identified the need for on-call professional services to provide a variety of specialized services on an as-needed basis; and WHEREAS, City staff prepared a Request for Qualifications to provide professional fire plan check and inspection services; and WHEREAS, on April 25, 2024, the Fire Department received seven (7) Statements of Qualifications, which were evaluated and ranked with five (5) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with CSG Consultants for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of fifty thousand dollars ($50,000) per fiscal year for each year of the contract; and WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to CSG Consultants and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 25th day of June, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
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CONTRACT FOR SERVICES

THIS CONTRACT is made on July 1, 2024 by and between the CITY OF ROCKLIN a municipal corporation (“City”), and CSG Consultants (“Contractor”), who mutually agree as follows:

1. SCOPE OF SERVICES

Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this Agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION

A. The City shall pay Contractor for the services rendered pursuant to this Agreement at the times and in the manner set forth in the Scope of Work, Exhibit A, the Schedule of Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000). The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibi t C. All invoices submitted by Contractor shall contain the following information:

i. Job/project name or description;
ii. City’s current purchase order and/or work order number (if applicable); iii. Contractor’s invoice number;
iv. Date of invoice issuance;
v. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
vi. Amount of invoice, itemizing all authorized reimbursable expenses; and vii. Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If 325
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Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this Agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

E. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

F. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this Agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

a. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT

Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this Agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT

A. This Agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect until June 30, 2027, unless sooner terminated as provided herein. The City in its sole discretion may choose to extend the contract for two additional one-year terms.

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B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor.

If City gives such notice, Contractor shall immediately suspend its activities under this Agreement.

B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:

i. Contractor shall immediately cease rendering services pursuant to this Agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Agreement;
iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this Agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR

Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other per son resulting from performance of this Agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
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8. EXTENSIONS OF TIME

Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY

It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property o f the City, and the Contractor shall have no property right therein whatsoever.

Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR

A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit A in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this Agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

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C. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this Agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this Agreement. Neither party shall be considered in default of this Agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance wit h any scope of services or schedule of performance specified in Exhibits A or B.

E. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this Agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this Agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

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13. ASSIGNABILITY

Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT

Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indir ect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant great er disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. MATERIALS CONFIDENTIAL

To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE

Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION, COSTS

To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, 330
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such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this Agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CONTRACTOR TO PROVIDE INSURANCE

Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and Limit of Insurance

i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

ii. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

iii. Workers’ Compensation as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

iv. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.

If the Contractor maintains broader coverage and/or hi gher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

i. Additional Insured Status. The City, its officers, officials, employees, 331
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and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or

operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

ii. Primary Coverage . For any claims related to this Contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its of ficers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

iii. Umbrella or Excess Policy. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insuranc e coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess Policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

iv. Notice of Cancelation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancelation due to non-payment.

v. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subr ogation endorsement from the insurer.

vi. Self-Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

vii. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

viii. Claims Made Policies. If any of the required policies for professional liability insurance provide claims-made coverage:
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a. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

ix. Verification of Coverage. Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

x. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

xi. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS

A. Contract Documents. This Agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflic t between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written Agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity .

Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.
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C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during

regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration or modification of this Agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin Fire Department
Fire Marshal
4060 Rocklin Rd
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: CSG Consultants
George Apple, Fire Services Manager
1303 J St, Suite 270
Sacramento, CA 95814

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out 334
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of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, ti tles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effe ct, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

/ / Signatures on the following page

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CONTRACTOR

By:

Cyrus Kianpour, President Date

By:

George Apple, Fire Service Manager Date

CITY OF ROCKLIN

By:

Aly Zimmermann, City Manager

Date: _____________________________

ATTEST:

By:

Avinta Singh, City Clerk

Date: _____________________________

APPROVED AS TO FORM:

By:

Matthew McOmber, City Attorney

Date: ____________________________

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EXHIBIT A
Contractor Proposal/Scope of Work

Our fire prevention services team delivers:
• Expeditious code analysis with innovative, expert solutions that meet code requirements— protecting occupants, property and emergency personnel while serving the needs of communities, developers and businesses through reductions in costly redesigns. • Collaboration between our Fire Prevention plan review and Fire Protection Engineering staff, providing complete review of alternative means and methods, fire protection systems, and other complex and diverse fire prevention situations. • Seamless integration with client agencies—consistently implementing their policies and procedures in an effort to deliver continuous services to their customers. • Fire inspection for all phases of construction and all types of fire protection systems, with expertise to analyze options if deficiencies exist.
• Rapid inspection response via centralized inspection request scheduling and our personnel’s online access to digital project records.

Specific inspections include, but are not limited to:
• Automatic Fire Sprinkler Systems
• Engineered and Pre-engineered Fire Protection Systems (e.g., kitchen hoods, spray booths, clean agent systems)
• Fire Alarm Systems
• Development Improvements (e.g., fire hydrant and other types of water supply systems, fire department access, underground fire Services)
• Fire Code Maintenance/Life Safety (e.g., permitted sites, public and private schools, State licensed facilities, hotels, motels and apartment complexes)

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EXHIBIT B
Schedule of Performance

CSG works hard to provide the best quality and most timely service in the industry. We pride ourselves in maintaining the requested plan review times for all our clients —even delivering faster than our own deadlines. Our goal is to approve code- complying projects and to successfully and quickly move work through jurisdictional processes. CSG will ensure that all Fire Life safety duties and follow-up actions will be performed in a timely and responsive manner. If a review is anticipated to take longer than the maximum turnaround timing, CSG will notify the designated representative and negotiate additional time required to ensure an appropriate level of review.

The following are CSG’s proposed turnaround times

At the City’s request, we can perform plan check services within an accelerated time frame; with fees negotiated between the City and CSG.
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EXHIBIT C
Schedule of Fees

Fees not to exceed maximum aggregate amount of $250,000 (two hundred fifty thousand dollars) over the term of the agreement with not to exceed maximum amount of $50,000 (fifty thousand dollars) each fiscal year.

CSG’s fee schedule for proposed work is provided below. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.

SERVICE / ROLE HOURLY RATE
Fire Plan Review (Hourly Rates)
Fire Plan Review $135
Expedited Plan Review (Hourly) 1.5 x Hourly Rate

All hourly rates include overhead costs including but not limited to salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the agency prior to proceeding. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. Hourly rates for publicly funded projects will be based on current prevailing wage rates. On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region (not to exceed 4% annually). CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.

S E C T I O N E
Payment
City shall pay Contractor for all services rendered pursuant to this Agreement as set forth in Exhibits A and C, titled Scope of Work/Contractor Proposal and Schedule of Fees, attached hereto and in accordance to the terms outlined in Section 2 Compensation.

Invoices
Invoices for payment shall be provided to City monthly or within 30 calendar days of the final service date or by July 15 whichever is sooner. City will review, approve, and pay all valid invoices within 30 days of receipt.

Invoices for payment will be submitted by email or mail to the following addresses, will be on Contractor’s letterhead and will include the remittance address, a unique invoice number, a detailed list of expenses with dollar amounts and supporting documentation, if requested.

Email address:

[email protected]

Mailing address:

City of Rocklin Fire Department
Attn: Accounts Payable
4080 Rocklin Road
Rocklin, CA 95677

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EXHIBIT D

CERTIFICATE OF COMPLIANCE WITH LABOR CODE §
3700
[Labor Code § 1861]

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR

By:_____________________________
George Apple, Fire Service Manager
Date: ___________________________

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RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING AN ON-CALL PROFESSIONAL SERVICES CONTRACT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES TO BPR, INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Fire Department has identified the need for on-call professional services to provide a variety of specialized services on an as-needed basis; and WHEREAS, City staff prepared a Request for Qualifications to provide professional fire plan check and inspection services; and WHEREAS, on April 25, 2024, the Fire Department received seven (7) Statements of Qualifications, which were evaluated and ranked with five (5) being recommended for an on-call contract; and
WHEREAS, the City desires to enter into a contract with BPR, Inc. for three (3) years with the option to extend the contract for up to two (2) additional one-year terms, at the City’s sole discretion, for a not-to-exceed amount of fifty thousand dollars ($50,000) per fiscal year for each year of the contract; and
WHEREAS, the proposed services rendered under this agreement will be funded from previously City Council-approved operating budgets.

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. Awards the three-year base on-call contract for engineering services to BPR, Inc. and authorizes the City Manager to execute the agreement in substantially the form attached hereto as Exhibit “A”.

Section 2. Authorizes the City Manager to execute up to two (2) additional one- year terms for a total contract length of five years.

PASSED AND ADOPTED this 25th day of June, 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
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THIS CONTRACT is made on July 1, 2024 by and between the CITY OF ROCKLIN a municipal corporation (“City”), and BPR CONSULTING GROUP , INC. (“Contractor”), who mutually agree as follows:

1. SCOPE OF SERVICES

Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this Agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION

A. The City shall pay Contractor for the services rendered pursuant to this Agreement at the times and in the manner set forth in the Scope of Work, Exhibit A, the Schedule of Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000). The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibi t C. All invoices submitted by Contractor shall contain the following information:

i. Job/project name or description;
ii. City’s current purchase order and/or work order number (if applicable); iii. Contractor’s invoice number;
iv. Date of invoice issuance;
v. Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task;
vi. Amount of invoice, itemizing all authorized reimbursable expenses; and vii. Total billed to date under agreement.

D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If 342
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Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this Agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

E. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

F. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this Agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

a. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT

Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this Agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT

A. This Agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect until June 30, 2027, unless sooner terminated as provided herein. The City in its sole discretion may choose to extend the contract for two additional one-year terms.

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B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor.

If City gives such notice, Contractor shall immediately suspend its activities under this Agreement.

B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:

i. Contractor shall immediately cease rendering services pursuant to this Agreement;
ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this Agreement;
iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this Agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR

Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other per son resulting from performance of this Agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
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8. EXTENSIONS OF TIME

Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY

It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property o f the City, and the Contractor shall have no property right therein whatsoever.

Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR

A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit A in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this Agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

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C. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this Agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this Agreement. Neither party shall be considered in default of this Agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance wit h any scope of services or schedule of performance specified in Exhibits A or B.

E. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this Agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this Agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding t he conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of it s contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

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13. ASSIGNABILITY

Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT

Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, dir ect or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract w arrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. MATERIALS CONFIDENTIAL

To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE

Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION, COSTS

To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, 347
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such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provis ions of this paragraph shall survive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this Agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CONTRACTOR TO PROVIDE INSURANCE

Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and Limit of Insurance

i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

ii. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

iii. Workers’ Compensation as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

iv. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.

If the Contractor maintains broader c overage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

B. Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

i. Additional Insured Status. The City, its officers, officials, employees, 348
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and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or

operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

ii. Primary Coverage . For any claims related to this Contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its of ficers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

iii. Umbrella or Excess Policy. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insuranc e coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess Policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

iv. Notice of Cancelation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancelation due to non-payment.

v. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subr ogation endorsement from the insurer.

vi. Self-Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

vii. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

viii. Claims Made Policies. If any of the required policies for professional liability insurance provide claims-made coverage:
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a. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of contract work.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

ix. Verification of Coverage. Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required doc uments prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

x. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

xi. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS

A. Contract Documents. This Agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflic t between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written Agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity .

Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.
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C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during

regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration or modification of this Agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin Fire Department
Fire Marshal
4060 Rocklin Rd
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: BPR Consulting Group
Ron Beehler, CBO
2130 Professional Dr, #150
Roseville, CA 95661

H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out 351
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of this Contract shall be br ought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully c omplied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

/ / Signatures on the following page

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CONTRACTOR

By:

Ron Beehler, CBO Date

By:

Date

CITY OF ROCKLIN

By:

Aly Zimmermann, City Manager

Date: _____________________________

ATTEST:

By:

Avinta Singh, City Clerk

Date: _____________________________

APPROVED AS TO FORM:

By:

Matthew McOmber, City Attorney

Date: ____________________________

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EXHIBIT A
Contractor Proposal/Scope of Work

From the RFQ we understand the Rocklin Fire Department is seeking, and BPR is prepared to provide, the following Scope of Services:

• BPR Fire Plans Examiners will provide as-needed fire examination plan review of construction documents.
• BPR Fire Inspectors will provide fire field inspection services on development projects as requested by the City.
• BPR Fire Plans Examiners and Life Safety Plans Examiners will provide building and fire code plan review as related to fire plan examination of current development projects. • BPR Fire Inspectors will provide fire field inspections for conformance with applicable fire and building codes.
• BPR staff will provide administrative services and other professional services as authorized and requested by the City as applicable to fire plan review and fire inspection. • BPR is ready to begin serving the Rocklin Fire Department immediately.

BPR understands that under an agreement with the City of Rocklin Fire Department we may be called upon to provide fire plan review and/or fire inspection services for publicly funded projects.

BPR is registered with the Department of Industrial Relations (registration number: PW-LR- 1000818519; expires 6/30/2025) and accepts responsibility for compliance with all applicable prevailing wage laws, as well as any and all applicable state or federal laws, for services performed under agreement. Our business license with the City of Rocklin is current. All our staff maintain appropriate certifications or professional licenses for the services they provide. Our focus is to maintain the highest and best qualified fire and building department staff in the industry. BPR’s staff has extensive experience providing high quality and timely services on behalf of the public agencies we serve.

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EXHIBIT B
Schedule of Performance

We complete all plan reviews within the timeframes shown below for both commercial and residential projects as our standard business practice. We will accommodate any turnaround schedule agreed to with our clients. We can provide expedited plan review services when requested in half our regular plan review timeframes which will not exceed five (5) business days.

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EXHIBIT C
Schedule of Fees

Fees not to exceed maximum aggregate amount of $250,000 (two hundred fifty thousand dollars) over the term of the agreement with not to exceed maximum amount of $50,000 (fifty thousand dollars) each fiscal year..

The rates displayed in the schedule below reflect BPR’s 2024 hourly billing rates.

CLASSIFICATION HOURLY BILLING RATE
ICC Certified Fire Plans Examiner.................................................................... 135 ICC Certified Fire Inspector .............................................................................. 120 ICC Certified Building Plans Examiner ............................................................. 135 Permit Technician .............................................................................................. 75 Permit Technician Trainee/ Fire Department Support Staff ............................... 50

▪ Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. ▪ Overtime: Inspection services and other hourly services requested and provided in excess of eight hours per day, nights, and weekends will be charged at 150% of the billing rates indicated above. ▪ Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 150% of the above noted hourly rates with the review completed within one half of our regular proposed review period. ▪ Cost Escalation: Hourly rates will be subject to an annual increase in 2025 and 2026 based on the Engineering News Record’s (ENR) Construction Cost Index (CCI) for the western region, or the Consumer Price Index-Urban (CPI-U); whichever is greater not to exceed 4%. ▪ Travel Expenses: Travel time and mileage will be charged for all site visits. Mileage will be charged at the current Internal Revenue Service (IRS) vehicle mileage rates plus 20%. ▪ Hourly Rates: All hourly rates include salaries, benefits, workers compensation insurance and miscellaneous office expenses.
▪ Inspection Services: There will be a minimum 4-hour charge for each day on-site inspection services are provided within the City.
▪ Prevailing Rates: Prevailing rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR.

Payment
City shall pay Contractor for all services rendered pursuant to this Agreement as set forth in Exhibits A and C, titled Scope of Work/Contractor Proposal and Schedule of Fees, attached hereto and in accordance to the terms outlined in Section 2 Compensation.

Invoices
Invoices for payment shall be provided to City monthly or within 30 calendar days of the final service date or by July 15 whichever is sooner. City will review, approve, and pay all valid invoices within 30 days of receipt.
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EXHIBIT C (continued)
Schedule of Fees

Invoices for payment will be submitted by email or mail to the following addresses, will be on Contractor’s letterhead and will include the remittance address, a unique invoice number, a detailed list of expenses with dollar amounts and supporting documentation, if requested.

Email address:

[email protected]

Mailing address:

City of Rocklin Fire Department
Attn: Accounts Payable
4080 Rocklin Road
Rocklin, CA 95677

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EXHIBIT D

CERTIFICATE OF COMPLIANCE WITH LABOR CODE §
3700
[Labor Code § 1861]

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR

By:_____________________________
Kevin Duggan, President
Date: ___________________________

358
City Council
Staff Report

Subject:

City of Rocklin Fire Department's State Mandated Annual Fire Inspection Report
Date:

June 25, 2024
Submitted By:

Ryan Brayton, Deputy Fire Chief
Reginald Williams, Fire Chief
Department:

Fire
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin A
cknowledging the Fire
Department’s
C
ompliance with Sections 13146.2 and 13146.3 of the California Health and Safety Code.

Background:

On September 27, 2018, California Senate Bill 1205 (SB1205) became effective, and added a new section to the California Health and Safety Code, affecting every fire department and fire district in the State. SB1205 requires every fire department or district providing fire protection services to inspect all public and private schools, hotels, motels, lodging houses, and apartment buildings annually. Fire departments and fire districts shall report their compliance to Sections 13146.2 and 13146.3 of the Health and Safety Code annually to their administrating authority.

The Rocklin Fire Department conducted inspections of 37 Group E Occupancies (public and private schools) and 56 Group R Occupancies (hotels, motels, lodging, etc.) during the 2023/24 Fiscal Year, as identified in Exhibits A and B to the resolution.

Fiscal Impact:

There are no fiscal impacts with the filling and acceptance of this report.

Item Number 3R.

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Group E Occupancies

3. Resolution Exhibit B - Group R Occupancies
359
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACKNOWLEDGING THE CITY OF ROCKLIN FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority the compliance with performing inspections required by Health and Safety Code sections 13146.2 and 13146.3; and
WHEREAS, Health and Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections in every public or private school, hotel, motel, lodging house, and apartment building for compliance with building standards; and
WHEREAS, the City of Rocklin Fire Department has conducted all 37 Group E (school) and 56 Group R (hotel, motel, lodging, etc.) State mandated occupancy inspections for Fiscal Year 2023-2024; and
WHEREAS, the City Council of Rocklin intends this Resolution to fulfill the requirements of the California Health and Safety Code regarding acknowledgment of receipt of the Rocklin Fire Department’s Annual Fire Inspection Report as required by California Health and Safety Code Section 13146.4.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. The recitals set forth above are true and correct.

Section 2. The City Council of the City of Rocklin hereby acknowledges receipt of the Rocklin Fire Department’s Annual Fire Inspection Report for fiscal year 2023-2024, attached hereto collectively as Exhibits “A” and “B,” demonstrating the Fire Department’s compliance with the requirements set forth in Health and Safety Code sections 13146.2 and 13146.3.

PASSED AND ADOPTED this 25th day of June, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
360
____________________________
Avinta Madhukansh-Singh, City Clerk
Resolution No. 2022-

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361
Exhibit A
Rocklin Fire Department, FY 23/24 Completed State Required Inspections

GROUP E OCCUPANCIES (PUBLIC OR PRIVATE SCHOOLS)
Page | 1
School/Site Inspected Inspection Date
1 Antelope Creek Elementary
6185 Springview Drive 95677 11/27/2023
2 Breen Elementary
2751 Breen Drive 95765 12/13/2023
3 California International School
2213 Sunset Boulevard, 95765 11/27/2023
4 Catalyst Kids- Rocklin ES
5025 Meyers St 95677 2/27/2024
5 Catalyst Kids- Cobblestone ES
5740 Cobblestone Dr 95677 2/29/2024
6 Catalyst Kids- Valley View ES
3000 Crest Dr 95677 2/27/2024
7 Catalyst Kids- Parker Whitney ES
5145 Topaz Ave Bldg E3 95677 2/29/2024
8 Catalyst Kids- Breen ES
2751 Breen Dr Bldg 33 95765 3/6/2024
9 Catalyst Kids- Rock Creek ES
2140 Collet Quarry Dr 95765 3/5/2024
10 Catalyst Kids- Quarry Trails ES
810 Lazy Trail Dr 95765 3/6/2024
11 Catalyst Kids- Sunset Ranch ES
2500 Bridlewood Dr 95765 3/6/2024
12 Catalyst Kids- Twin Oaks ES
2835 Club Dr 95765 3/5/2024
13 Catalyst Kids- Ruhkala ES
6530 Turnstone Way 95765 3/5/2024
14 Catalyst Kids- Antelope Creek ES
6185 Springview Dr 95677 2/29/2024
15 Catalyst Kids- Sierra ES
6811 Camborne Way 95677 2/27/2024
16 Cobblestone Elementary
5740 Cobblestone Drive 95765 12/11/2023
17 The Cottage Homeschool
5425 Coronado Way, 95677 01/08/2024
18 Granite Oaks Middle School
2600 Wyckford Drive 95765 11/27/2023
19 Destiny Christian School
6900 Destiny Drive 95677 12/15/2023
School/Site Inspected Inspection Date
20 Maria Montessori
1850 Wildcat Boulevard 95765 12/12/2023
21 Parker Whitney Elementary
5145 Topaz Avenue 95677 11/28/2023
22 Quarry Trails Elementary
810 Lazy Trail Drive, 95765 12/13/2023
23 Rock Creek Elementary
2140 Collet Quarry Drive 95765 12/12/2023
24 Rocklin Academy Gateway
6550 Lonetree Boulevard 95765 11/28/2023
25 Rocklin Elementary
5025 Meyers Street 95677 12/14/2023
26 Rocklin High School
5301 Victory Lane 95765 12/1/2023
27 Ruhkala Elementary
6530 Turnstone Way 95765 11/28/2023
28 Sierra Elementary
6811 Camborne Way 95677 12/11/2023
29 Springview Middle School
5040 Fifth Street 95677 12/8/2023
30 Sunset Ranch Elementary
2500 Bridlewood Drive 95765 12/15/2023
31 TNT Kidz Center
4500 Tuttle Drive, 95677 12/13/2023
32 Twin Oaks Elementary School
2835 Club Drive 95765 12/14/2023
33 Valley View Elementary School
3000 Crest Drive 95765 12/20/2023
34 Victory High School
3250 Victory Drive 95765 12/14/2023
35 Western Sierra Collegiate Academy
660 Menlo Drive 95765 11/30/2023
36 Whitney High School
701 Wildcat Boulevard 95765 01/17/2024
37 Catalyst Kids- Rocklin ES
5025 Meyers St 95677 2/27/2024
362
Exhibit B
Rocklin Fire Department, FY 23/24 Completed State Required Inspections

GROUP R OCCUPANCIES
(HOTELS, APARTMENTS, AND CERTAIN RESIDENTIAL CARE FACILITIES) HOTELS
Residential Group R-1
1 Comfort Inn & Suites
4420 Rocklin Road 95677 03/26/2024
2 Days Inn
4515 Granite Drive 95677 03/30/2024
3 Holiday Inn Express
6830 Five Star Boulevard 95677 03/25/2024
4 Rocklin Park Hotel
5450 China Garden Road 95677 04/03/2024
5 Staybridge Suites
6664 Lonetree Boulevard 95765 03/19/2024
6 Surestay Plus
4480 Rocklin Road 95677 03/07/2024

APARTMENTS
Residential Group R-2
7 Broadstone Apartments
2301 Sunset Boulevard 95765 03/05/2024
8 College Manor Apartments
4207 Racetrack Road 95677 03/11/2024
9 Creekside Village Apartments
5500 Aguilar Road 95677 03/11/2024
10 The Brighton Apartments
6050 Placer West Drive 95677 03/18/2024
11 Edgewood Apartments
5761 Shannon Bay Drive 95677 02/27/2024
12 Emerald Pointe Apartments
101 Gold Circle 95765 03/05/2024
13 Garnet Creek Apartments
5002 Jewel Street 95677 03/13/2024
14 Granite Creek Apartments
1501 Cobble Creek Circle 95677 03/12/2024
15 The Everette Apartments
3300 Parkside Drive 95677 04/03/2024
16 Easton Apartments
5415 South Grove 95677 03/15/2024
17 The James Apartments
6201 West Oaks Boulevard
95765
03/14/2024
18 Lyn Roc Apartments
6105 Sunset Boulevard 95677 02/27/2024
19 Meridian Apartments
2121 Sunset Boulevard 95765 03/05/2024
20 Montessa
1150 Whitney Ranch Parkway
95765
03/04/2024
21 Oaks at Sunset I
201 Sammy Way 95765 04/15/2024
22 Oaks at Sunset II
2301 Sammy Way 95765 03/05/2024
23 Pacific Heights Apartments
4455 Pacific Street 95677 03/18/2024
24 Pacific Sunset Condos
2550 Sunset Boulevard 95677 04/08/2024
25 Placer West Apartments
6055 Placer West Drive 95677 03/12/2024
26 Quarry Oaks Apartments
3950 Evelyn Avenue 95677 04/11/2024
27 Rocklin Gold Apartments
2651 Sunset Boulevard 95677 03/06/2024
28 Rocklin Manor Apartments
5240 Rocklin Road 95677 03/20/2024
29 Rocklin Ranch Apartments
6601 Blue Oaks Boulevard
95765
04/05/2024
30 Rolling Oaks Apartments
5725 Shannon Bay Drive 95677 04/05/2024
31 Shaliko Apartments
5051 El Don Drive 95677 03/11/2024
32 Shannon Bay Apartments
5757 Shannon Bay Drive 95677 03/06/2024
33 Silver Oaks Apartments
5780 Springview Drive 95677 03/04/2024
34 Springview Oaks Apartments
5795 Springview Drive 95677 02/28/2024
363
Exhibit B
Rocklin Fire Department, FY 23/24 Completed State Required Inspections

GROUP R OCCUPANCIES
(HOTELS, APARTMENTS, AND CERTAIN RESIDENTIAL CARE FACILITIES) 35 The VUE at Rocklin Ridge
5902 Springview Drive 95677 04/02/2024
36 Stanford Court Apartments
3220 Santa Fe Way 95765 03/19/2024
37 Stanford Heights Apartments
5801 Little Rock Road 95765 03/12/2024
38 Sunset Apartments
3655 Sunset Boulevard 95677 03/20/2024
39 Sunset Summit Apartments
2151 Sunset Boulevard 95765 03/19/2024
40 Sutter Ridge Apartments
5800 Woodside Drive 95677 03/20/2024
41 Vicara Condos
1240 Whitney Ranch Parkway
95765
04/18/2024
42 Villa Serena Apartments
101 Villa Serena Circle 95765 03/14/2024
43 Whitney Ranch Apartments
711 University Avenue 95765 03/20/2024
44 Winsted Apartments
101 Coppervale Circle 95765 03/21/2024
45 Second St Apartments
5085 Second St 95765 03/29/2024
46 Front St Apartments
5250 Front St 95765 03/29/2024
47 3350 Sunset Apartments
3350 Sunset 95765 03/29/2024
48 Sierra Gateway Apartments
5180 Rocklin Rd 95677 03/11/2024

DORMITORIES
Residential Group R-2.1
49 Sierra College
5100 Sierra College Boulevard
95677
05/23/2024
50 Jessup University
2121 University Avenue 95765 05/10/2024

LARGE RESIDENTIAL CARE FACILITIES
Residential Group R-2.1
51 Ansel Park Assisted Living
1200 Orchid Dr 95765 04/04/2024
52 Atria
3201 Santa Fe Way 95765 03/21/2024
53 Sunrise Assisted Living
6100 Sierra College Blvd 95677 04/24/2024
54 The Pines
500 W Ranch View Dr 95765 05/06/2024
55 The Villas at Stanford Ranch
1430 W Stanford Ranch Rd
95765
04/02/2024
56 Ansel Park Senior Living
1250 Orchid Dr 95765 04/04/2024
364
City Council
Staff Report

Subject:

Proclamation Declaring the Month of July as Parks and Recreation Month
Date:

June 25, 2024
Submitted By:

Avinta Singh, City Clerk
Department:

City Clerk's Office
Recommendation:

Approve a Proclamation Declaring the Month of July as Parks and Recreation Month, and
Designate the Mayor to Sign the Proclamation on Behalf of the City Council.

Item Number 3S.

ATTACHMENTS:

1. Parks and Recreation Month Proclamation
365
Proclamation
Issued by City Council
Parks and Recreation Month
July 2024
WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of Rocklin; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, parks and recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools, and many other activities designated to promote active lifestyles; and WHEREAS, parks and recreation programming and education activities, such as out -of-school time programming, youth sports and environmental education, are critical to childhood development; and WHEREAS, parks and recreation increases a community’s economic prosperity through increased property values, expansion of local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, parks and recreation is fundamental to the environmental well-being of our community, and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the City of Rocklin recognizes the benefits derived from parks and recreation resources.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rocklin, does hereby proclaim and call upon all citizens of Rocklin to observe the month of July as “Parks and Recreation Month”.

In witness whereof I have hereunto set my hand and caused this seal to be affixed.

Greg Janda, Mayor
ATTEST:

Avinta Singh, City Clerk
366
City Council
Staff Report

Subject:

Purchase of Four Police Vehicles
Date:

June 25, 2024
Submitted By:

Matt McClure, Public Services Manager
Justin Nartker, Director of Public Services
Department:

Public Services
Recommendation:

Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the Purchase of Four
Chevrolet Tahoe Police Vehicles from Winner Chevrolet
and Authorizing the
City Manager to Purchase the Vehicles from Winner Chevrolet.

Background:

Included in the Fiscal Year (FY) 2023/24 Operating Budget, approved by the City Council on June 27, 2023 (Resolution No. 2023-109), was the purchase of four (4) new marked patrol units.

Rocklin Municipal Code Section 3.04.090(C) authorizes the City to enter into cooperative purchasing arrangements with other governmental entities without separate competitive bidding. The state's program provides local government agencies access to competitively bid and publicly solicited contracts from vendors who supply goods and services. These contracts are created through a competitive bid process that allows members to “piggyback” on the competitive bid contract, eliminating the need to complete the individual RFP/bid process and allowing the City to move quickly to secure services/equipment.

Pursuant to the state contract, Winner Chevrolet Inc. (Elk Grove) has issued quotes for the vehicles noted above (Attachment 1) for a total amount of $245,599 (rounded). Staff recommends the City Council authorize the purchase of the vehicles from Winner Chevrolet in an amount not to exceed $245,599 (rounded), pursuant to California Contract No. 1-22-23- 23D (Attachment 2).

Fiscal Impact:

No additional fiscal impact has been identified as the amounts noted in this request are included in the FY 2023/24 Operating Budget.

Item Number 3T.

367

ATTACHMENTS:

1. Resolution

2. Resolution Exhibit A - Vehicle Quote

3. Contract
368
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

APPROVING AND AUTHORIZING THE PURCHASE OF FOUR CHEVROLET TAHOE POLICE VEHICLES FROM

WINNER CHEVROLET AND AUTHORIZING THE CITY MANAGER TO PURCHASE THE VEHICLES FROM

WINNER CHEVROLET
WHEREAS, the funds for four (4) Chevrolet Tahoe Marked Patrol Units, as identified in Exhibit A, were included in the Fiscal Year (FY) 2023/24 Operating Budget on June 27, 2023; and WHEREAS, staff has determined that it is in the City’s best interest to purchase the equipment/vehicles from Winner Chevrolet using the California State Contract #1-22-23-20D that provide member government agencies access to competitively bid and publicly solicited contracts from vendors who supply goods and services; and
WHEREAS, Pursuant to Rocklin Municipal Code Section 3.04.090 under C-Cooperative purchasing/procurement and D-Piggyback purchasing which allow for the City to enter into cooperative purchasing and/or piggyback purchasing without separate competitive bidding by the City; and WHEREAS, the total cost of $245,599 (rounded) is included in the FY 2023/2024 Operating budget.

No budget appropriation is necessary.

NOW THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The City Council hereby approves of the purchase of four (4) Chevrolet Tahoe Marked Patrol Units in the amount of $245,599 (rounded) currently identified in the FY 2023/24 Operating Budget.

Section 2. The City Council hereby approves and authorizes the City Manager to purchase the vehicles incorporated herein by this reference.

PASSED AND ADOPTED this 25th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
369

Page 2 ends

Reso. No. 2024-
Exhibit A
370
Winner Chevrolet DATE August 23, 2023
8575 Laguna Grove Drive To: Quotation # 2699
Elk Grove, CA 95757 Matt McClure
(916)509-8598 - Desk City of Rocklin
(916792-3672 - Cell
Prepared by: Andrew Villareal
(916) 871-6909
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
44,000.00 $
2,099.00 $
10,917.00 $
57,016.00 $
DOC Fee 85.00 $
Taxable Subtotal: 57,101.00 $

7.250% 4,139.82 $
Tire Fee: $8.75
150.00 $
Total: 61,399.57 $
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509- 8598 or email at [email protected]
Line #3 Chevy Tahoe
Options (Refer to Window Sticker):

Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** Includes 5J0
___________________________________________________
State Contract # 1-22-23-23D
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Upgrade to 2024 2WD PPV
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!
371
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 1

Note:Photo may not represent exact vehicle or selected equipment. [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) Prepared By
Andrew Villareal
Winner Chevrolet / Lasher Fleet
916-509-8598-Desk
916-792-3672-Cell
[email protected]
372
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 2
Table of Contents
Vehicle Image•
Dealership Information•
Window Sticker•
Standard Equipment•
Weight Rating•
Technical Specifications•
373
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 3
Dealership Information
***PLEASE REVIEW THE "WINDOW STICKER," QUOTE, AND ALL INCLUDED INFORMATION AND SPECIFICATIONS FOR ACCURACY. IF A PURCHASE ORDER IS ISSUED, PLEASE INCLUDE A SIGNED COPY OF THIS QUOTE WITH THE "WINDOW STICKER." BY THIS QUOTE

BEING SIGNED AND RETURNED BY THE PURCHASING AGENCY, THE PURCHASING

AGENCY ACKNOWLEDGES THAT THE VEHICLE CONFIGURATION AND PRICE ARE ACCURATE.******TAX IS NOT INCLUDED IN THE QUOTE PRICE. PURCHASING AGENCY IS RESPONSIBLE FOR CALCULATING TAX. THE TAX RATE IS BASED ON THE REGISTRATION ADDRESS AND CANNOT BE A PO BOX. ******IF THE VEHICLE IS GOING TO BE DELIVERED BEYOND F.O.B. SACRAMENTO, ADDITIONAL COST WILL BE REQUIRED. *** Thanks!
Prepared By:

Andrew Villareal
Winner Chevrolet / Lasher Fleet
916-792-3672
[email protected]
374
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 4
Window Sticker

SUMMARY
[Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial Interior:Jet Black, Cloth seat trim
Exterior 1:Black
Exterior 2:No color has been selected.

Engine, 5.3L EcoTec3 V8
Transmission, 10-speed automatic

OPTIONS

CODE MODEL MSRP
CC10706 [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial

OPTIONS
1FL Commercial Preferred Equipment Group $0.00
5J3 Calibration, Surveillance Mode interior lighting Inc. 5J9 Calibration, taillamp flasher, Red/White Inc.
5LO Calibration, taillamp flasher, Red/Red Inc.
5T5 Seats, front cloth and second row vinyl $0.00
5Y1 Front center seat (20% seat) delete $0.00
6E2 Fleet Calibration $25.00
6J7 Flasher system, headlamp and taillamp, DRL compatible with control wire
Inc.
6N5 Switches, rear window inoperative $57.00
6N6 Door locks and handles, inside rear doors inoperative $62.00 7X2 Spotlamps, left- and right-hand $1,340.00
9C1 Identifier for Police Package Vehicle $0.00
AMF Remote Keyless Entry Package $75.00
ATD Seat delete, third row passenger Inc.

AX2 Key, unique Inc.

AZ3 Seats, front 40/20/40 split-bench $0.00
BCV Lock control, driver side auto door lock disable Inc.

C6C GVWR, 7400 lbs. (3357 kg) $0.00
375
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 5
GBA Black $0.00
GU5 Rear axle, 3.23 ratio $0.00
H1T Jet Black, Cloth seat trim $0.00
IOR Audio system, Chevrolet Infotainment 3 system, 8" diagonal color touchscreen
$0.00
J55 Brake system, heavy duty Inc.

K3W Battery, 850 cold-cranking amps with 95 amp hour rating Inc.

K6K Battery, auxiliary, 760 cold-cranking amps with 70 amp hour rating Inc.

KX4 Alternator, 250 amps Inc.

L84 Engine, 5.3L EcoTec3 V8 $0.00
MHU Transmission, 10-speed automatic Inc.

PQA 1FL Safety Package $395.00
PXT Wheels, 20" x 9" (50.8 cm x 22.9 cm) steel Inc.

RAV Tire, spare 275/55R20 all-season, blackwall, Firestone Firehawk Pursuit
Inc.

RC1 Skid plate, front Inc.

RNQ Wheel, full-size spare, matching 20" (50.8 cm) steel wheel without center cap
Inc.

T66 Wiring provision, for outside mirrors and cargo side mirrors Inc.

UE4 Following Distance Indicator Inc.

UEU Forward Collision Alert Inc.

UHX Lane Keep Assist Inc.

UHY Automatic Emergency Braking Inc.

UKJ Front Pedestrian Braking Inc.

UN9 Radio Suppression Package, with ground straps $95.00 UT7 Ground wires, blunt cut cargo area and blunt cut console area Inc.

V03 Cooling system, extra capacity Inc.

V53 Luggage rack side rails, delete Inc.

V76 Recovery hooks, 2 front, frame-mounted, Black $50.00 VPV Ship Thru, Produced in Arlington Assembly and shipped to Kerr Industries and onto Arlington Assembly
$0.00
VQ2 Fleet processing option $0.00
VXT Incomplete vehicle Inc.
376
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 6
VZ2 Speedometer calibration Inc.

WUA Fascia, front high-approach angle Inc.

XCS Tires, 275/55R20SL all-season, blackwall, Firestone Firehawk Pursuit
Inc.

YF5 Emissions, California state requirements $0.00
Z56 Suspension Package, heavy-duty, police-rated. Inc.
___ Capless Fuel Fill Inc.
___ Exterior ornamentation delete Inc.
___ Instrumentation, analog Inc.
___ Theft-deterrent system, vehicle, PASS-Key III Inc.
___ Power supply, 50-amp, power supply, auxiliary battery Inc. ___ Power supply, 100-amp, auxiliary battery, rear electrical center Inc. ___ Power supply, 120-amp, (4) 30-amp circuit, Primary battery Inc. ___ Seat belts, 3-point, all seating positions Inc.
___ Protected idle Inc.

FUEL ECONOMY
Est City:14 (2022) MPG
Est Highway:20 (2022) MPG
Est Highway Cruising Range:480.00 mi
377
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 7
Standard Equipment
Mechanical
Engine, 5.3L EcoTec3 V8 with Dynamic Fuel Management, Direct Injection and Variable Valve Timing, includes aluminum block construction (355 hp [265 kW] @ 5600 rpm, 383 lb-ft of torque [518 Nm] @ 4100 rpm) (STD) Transmission, 10-speed automatic electronically controlled with overdrive, includes Traction Select System including tow/haul (STD)
Rear axle, 3.23 ratio
Suspension Package, Premium Smooth Ride (STD)
GVWR, 7400 lbs. (3357 kg) (2WD models only.) (STD)
Keyless start, push button
Automatic Stop/Start
Engine control, stop/start system disable button, non-latching Engine air filtration monitor
Fuel, gasoline, E15
Differential, mechanical limited-slip
Rear wheel drive
Air filter, heavy-duty
Cooling, external engine oil cooler, heavy-duty air-to-oil integral to driver side of radiator Cooling, auxiliary transmission oil cooler, heavy-duty air-to-oil Battery, 730 cold-cranking amps with 80 amp hour rating Alternator, 220 amps
Trailering equipment includes trailering hitch platform, 7-wire harness with independent fused trailering circuits mated to a 7-way connector and 2" trailering receiver
Trailer sway control
Hitch Guidance
Suspension, front coil-over-shock with stabilizer bar
Suspension, rear multi-link with coil springs
Steering, power
Brakes, 4-wheel antilock, 4-wheel disc with DURALIFE rotors Exhaust, single system, single-outlet
Mechanical Jack with tools
Exterior
Wheels, 18" x 8.5" (45.7 cm x 21.6 cm) Bright Silver painted aluminum (STD) 378
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 8
Exterior
Tires, 265/65R18SL all-season, blackwall (Standard with (PZX) 18" Bright Silver painted aluminum wheels only.) (STD)
Wheel, full-size spare, 17" (43.2 cm)
Tire, spare P265/70R17 all-season, blackwall
Tire carrier, lockable outside spare, winch-type mounted under frame at rear Active aero shutters, upper
Fascia, front
Luggage rack side rails, roof-mounted, Black
Assist steps, Black with chrome accent strip
Headlamps, LED
Lamps, stop and tail, LED
Mirrors, outside heated power-adjustable, manual-folding, body-color Mirror caps, body-color
Glass, deep-tinted (all windows, except light-tinted glass on windshield and driver- and front passenger-side glass)
Glass, acoustic, laminated
Glass, windshield shade band
Windshield, solar absorbing
Wipers, front intermittent, Rainsense
Wiper, rear intermittent with washer
Door handles, body-color
Liftgate, rear manual
Entertainment
Audio system, Chevrolet Infotainment 3 system, 8" diagonal color touchscreen AM/FM stereo. Additional features for compatible phones include: Bluetooth audio streaming for 2 active devices, voice command pass- through to phone, Apple CarPlay and Android Auto capable. (STD) Audio system feature, 6-speaker system
SiriusXM Radio delete
Infotainment display, 8" diagonal touchscreen
Bluetooth for phone personal cell phone connectivity to vehicle audio system Wireless Apple CarPlay/Wireless Android Auto
Wi-Fi Hotspot capable (Standard with (UE1) OnStar only. Terms and limitations apply. See onstar.com or dealer for details.)
379
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 9
Interior
Seats, front 40/20/40 split-bench (Not available with (D07) center floor console and (USR) USB data ports.) (STD)
Seat trim, cloth
Seat adjusters, 8-way power includes 6-way power front passenger seat with 2-way power lumbar Seat adjusters, 10-way power includes 8-way power driver seat with 2-way power lumbar Seats, second row 60/40 split-folding bench, manual
Seats, third row 60/40 split-folding bench, manual (Not available with (9C1) Police Vehicle.) Floor covering, Black rubberized vinyl (Deleted when (B30) floor covering is ordered.) Electronic Precision Shift
Steering column lock, electrical (Standard on models built after July 18, 2022.) Steering column, manual tilt and telescopic
Steering wheel, urethane
Steering wheel controls, mounted audio, Driver Information Center, cruise control and Forward Collision Alert following gap button (if equipped) (left backside Seek/Scan steering wheel radio buttons are inoperable; these 2 buttons can be repurposed for aftermarket emergency equipment) Driver Information Center, 4.2" diagonal color display includes driver personalization Rear Seat Reminder
Door locks, power programmable with lockout protection and delayed locking (When ordered with (9C1) Police Vehicle or (5W4) Special Service Vehicle, Auto Lockout is disabled on driver door.) Keyless Open includes extended range Remote Keyless Entry Cruise control, electronic with set and resume speed
Theft-deterrent system, content, electrical, unauthorized entry USB data ports, 2, one type-A and one type-C, located within center console USB charging-only ports, 4, (2) located on rear of center console and (2) in 3rd row (1 left and 1 right side below quarter glass side window) (When ordered with (9C1) Police Vehicle, (2) type-C ports are moved to the rear of center seat base and (2) type-C are moved to the cargo area. Deleted when (A50) front bucket seats are ordered.)
Window, power with driver Express-Up/Down
Window, power with front passenger Express-Up/Down
Windows, power with rear Express-Down
Air conditioning, tri-zone automatic climate control with individual climate settings for driver, right front passenger and rear seat occupants
Air conditioning, rear
Defogger, rear-window electric
380
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 10
Interior
Power outlets, 2, 120-volt, located on the rear of the center seat and rear cargo area Power outlet, front auxiliary, 12-volt, located in the center stack of instrument panel Mirror, inside rearview manual day/night
Visors, driver and front passenger illuminated vanity mirrors, sliding Assist handles, overhead, driver and front passenger, located in headliner Assist handles, front passenger A-pillar and second row outboard B-pillar (Deleted when SEO (7X2) left- and right-hand spotlamps or SEO (7X3) left-hand spotlamp are ordered.) Lighting, interior with dome light, driver- and passenger-side door switch with delayed entry feature, cargo lights, door handle or Remote Keyless Entry-activated illuminated entry and map lights in front and second seat positions. On Police/Special Service vehicles, the control switch is located in the roof console in lieu of the driver - and passenger-side door switch with delayed entry feature.

Cargo management system
Chevrolet Connected Access capable (Subject to terms. See onstar.com or dealer for details.) Safety-Mechanical
Automatic Emergency Braking
Hill Start Assist
StabiliTrak, stability control system with brake assist, includes traction control Safety-Exterior
Daytime Running Lamps, reduced intensity low beam
Safety-Interior
Teen Driver a configurable feature that lets you activate customizable vehicle settings associated with a key fob, to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain safety systems from being turned off. An in-vehicle report card gives you information on driving habits and helps you to continue to coach your new driver
Airbags, Frontal airbags for driver and front outboard passenger; Seat-mounted side-impact airbags for driver and front outboard passenger; Head-curtain airbags for all rows in outboard seating positions (Deleted when (A50) front bucket seats are ordered. Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) Front outboard Passenger Sensing System for frontal outboard passenger airbag (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.)
OnStar and Chevrolet connected services capable (Terms and limitations apply. See onstar.com or dealer for details.)
Front and Rear Park Assist
Following Distance Indicator
HD Rear Vision Camera
381
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 11
Safety-Interior
Front Pedestrian Braking
Lane Keep Assist with Lane Departure Warning
Forward Collision Alert
Buckle to Drive prevents vehicle from being shifted out of Park until driver seat belt is fastened; times out after 20 seconds and encourages seat belt use, can be turned on and off in Settings or Teen Driver menu (When ordered with (9C1) Police Vehicle, defaulted off. Feature can be turned on in the Infotainment menu.) Door locks, rear child security, manual
LATCH system (Lower Anchors and Tethers for CHildren), for child restraint seats lower anchors and top tethers located in all second-row seating positions (Deleted when (ATZ) second row seat delete is ordered.) Tire Pressure Monitoring System auto learn, includes Tire Fill Alert (does not apply to spare tire) Warning tones headlamp on, driver and right-front passenger seat belt unfasten and turn signal on

WARRANTY
Warranty Note: <<< Preliminary 2023 Warranty >>>
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 60,000
Drivetrain Note: Qualified Fleet Purchases: 5 Years/100,000 Miles Corrosion Years (Rust-Through): 6
Corrosion Years: 3
Corrosion Miles/km (Rust-Through): 100,000
Corrosion Miles/km: 36,000
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000
Roadside Assistance Note: Qualified Fleet Purchases: 5 Years/100,000 Miles Maintenance Note: 1 Year/1 Visit
382
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 12
Weight Ratings

WEIGHT RATINGS
Front Gross Axle Weight Rating: 3300 lbs
Rear Gross Axle Weight Rating: 4300 lbs
Gross Vehicle Weight Rating: 7400.00 lbs
383
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 13
Technical Specifications
Powertrain
Transmission
Drivetrain Rear Wheel Drive Trans Order Code MHU
Trans Type 10 Trans Description Cont. Automatic
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.69 Second Gear Ratio (:1) 2.98 Third Gear Ratio (:1) 2.14
Fourth Gear Ratio (:1) 1.77 Fifth Gear Ratio (:1) 1.52
Sixth Gear Ratio (:1) 1.27 Reverse Ratio (:1) 4.86
Clutch Size N/A Trans Power Take Off N/A
Final Drive Axle Ratio (:1) N/A Transfer Case Model N/A Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off N/A Seventh Gear Ratio (:1) 1.00 Eighth Gear Ratio (:1) 0.85 Ninth Gear Ratio (:1) 0.69
Tenth Gear Ratio (:1) 0.63
Mileage
EPA Fuel Economy Est - Hwy 20 (2022) MPG Cruising Range - City 336.00 mi EPA Fuel Economy Est - City 14 (2022) MPG Fuel Economy Est-Combined 16 (2022) MPG Cruising Range - Hwy 480.00 mi Estimated Battery Range N/A Engine
Engine Order Code L84 Engine Type Gas V8
Displacement 5.3L/-TBD- Fuel System Direct Injection
SAE Net Horsepower @ RPM 355 @ 5600 SAE Net Torque @ RPM 383 @ 4100 Engine Oil Cooler N/A
Electrical
Cold Cranking Amps @ 0° F (Primary) 850 Cold Cranking Amps @ 0° F (2nd) N/A Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) N/A Cooling System
Total Cooling System Capacity N/A
384
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 14
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 10.4 (2022) EPA Greenhouse Gas Score N/A Vehicle
Rear Door Type Liftgate
Chassis
Weight Information
Standard Weight - Front 0.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight N/A Gross Axle Wt Rating - Front 3300 lbs Gross Axle Wt Rating - Rear 4300 lbs Curb Weight - Front 2697 lbs Curb Weight - Rear 2659 lbs Option Weight - Front 0.00 lbs Option Weight - Rear 0.00 lbs Reserve Axle Capacity - Front 603.00 lbs Reserve Axle Capacity - Rear 1641.00 lbs As Spec'd Curb Weight 5356.00 lbs As Spec'd Payload 2044.00 lbs Maximum Payload Capacity 2044.00 lbs Gross Combined Wt Rating 14000 lbs Gross Axle Weight Rating 7600.00 lbs Curb Weight 5356.00 lbs Reserve Axle Capacity 2244.00 lbs Total Option Weight 0.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 7400.00 lbs Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 6000 lbs Wt Distributing Hitch - Max Tongue Wt. 600 lbs Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A Maximum Trailering Capacity 8400 lbs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A
385
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 15
Chassis
Suspension
Suspension Type - Front Independent Suspension Type - Rear Multi-Link Spring Capacity - Front N/A Spring Capacity - Rear N/A
Axle Type - Front N/A Axle Type - Rear N/A
Axle Capacity - Front N/A Axle Capacity - Rear N/A
Axle Ratio (:1) - Front N/A Axle Ratio (:1) - Rear 3.23 Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code XCS Rear Tire Order Code XCS
Spare Tire Order Code RAV Front Tire Size 275/55R20SL
Rear Tire Size 275/55R20SL Spare Tire Size P275/55R20
Front Tire Capacity N/A Rear Tire Capacity N/A
Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front N/A Revolutions/Mile @ 45 mph - Rear N/A Revolutions/Mile @ 45 mph - Spare N/A Wheels
Front Wheel Size 20 x 9 in Rear Wheel Size 20 x 9 in
Spare Wheel Size 20 x -TBD- in Front Wheel Material Steel Rear Wheel Material Steel Spare Wheel Material Steel
Steering
Steering Type Pwr Steering Ratio (:1), Overall N/A
Steering Ratio (:1), On Center N/A Steering Ratio (:1), At Lock N/A Turning Diameter - Curb to Curb 39.0 ft Turning Diameter - Wall to Wall N/A Brakes
Brake Type Pwr Brake ABS System 4-Wheel
Brake ABS System (Second Line) N/A Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.5 x 1.2 in Rear Brake Rotor Diam x Thickness 13.6 x 1.0 in Drum - Rear (Yes or ) N/A 386
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 16
Chassis
Brakes
Rear Drum Diam x Width N/A
Fuel Tank
Fuel Tank Capacity, Approx 24 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A
Dimensions
Interior Dimensions
Passenger Capacity 6 Front Head Room 42.3 in
Front Leg Room 44.5 in Front Shoulder Room 66.0 in
Front Hip Room 61.5 in Second Head Room 38.9 in
Second Leg Room 42.0 in Second Shoulder Room 64.8 in
Second Hip Room 61.3 in Third Head Room N/A
Third Leg Room N/A Third Shoulder Room N/A
Third Hip Room N/A
Exterior Dimensions
Wheelbase 120.9 in Length, Overall w/rear bumper N/A
Length, Overall 210.7 in Width, Max w/o mirrors 81 in
Height, Overall 75.8 in Overhang, Front N/A
Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle N/A Cab to End of Frame N/A
Ground to Top of Load Floor N/A Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front 8 in
Ground Clearance, Rear 8 in Body Length 0.00 ft
Rear Door Opening Height N/A Rear Door Opening Width N/A Side Door Opening Height N/A Side Door Opening Width N/A Step Up Height - Front N/A Step Up Height - Side N/A
Cab to Body N/A
387
Winner Chevrolet / Lasher Fleet
Andrew Villareal | 916-792-3672 | [email protected] [Fleet] 2023 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (6) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 17237. Data Updated: Aug 18, 2022 6:51:00 PM PDT.

Aug 19, 2022 Page 17
Dimensions
Cargo Area Dimensions
Cargo Area Length @ Floor to Console N/A Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A Cargo Area Length @ Floor to Seat 3 N/A Cargo Box Width @ Top, Rear N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Floor N/A Cargo Box Width @ Wheelhousings 49.4 in Cargo Box (Area) Height N/A Tailgate Width N/A
Cargo Volume N/A Cargo Volume to Seat 1 125.9 ft³
Cargo Volume to Seat 2 70.3 ft³ Cargo Volume to Seat 3 N/A Cargo Volume to Seat 4 N/A Ext'd Cab Cargo Volume N/A
Exterior
Doors
Side Door Type N/A
388

Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS
All changes to mos t recent S upplem ent are in bold red it alic. Additi ons ar e enclos ed in as terisk s, * , and deleti ons are enclos ed in br ack ets , [ ].

MANDATORY
*Supplement 22*
*(Incorporates Supplements 1 – 22)*
ISSUE AND EFFECTIVE DATE: *04/19/2024*
CONTRACT NUMBER: 1-22-23-23 *B through I*
DESCRIPTION: Fleet Vehicles – Vans & SUVs
CONTRACTOR(S): [Lithia Nissan of Fresno (1-22-23-23A)] Ocean Honda (1-22-23-23B)
Freeway Toyota (1-22-23-23C)
Winner Chevrolet (1-22-23-23D)
Elk Grove Auto (1-22-23-23E)
Downtown Ford (1-22-23-23F)
Watsonville Fleet Group (1-22-23-23G)
US Fleet Source (1-22-23-23H)
CA Car Group (1-22-23-23I)
CONTRACT TERM: 05/01/2022 through 04/30/2025
STATE CONTRACT ADMINISTRATOR: Frank Martin
279-946-8035
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 11/19/2021) (https://www.dgs.ca.gov/- /media/199A6A32E4DE4BECAFF4EFA7194350CD.ashx)

Cal eProcure link: www.caleprocure.ca.gov

389

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 2 *04/19/2024*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*22*
 *Termination of Contract 1-22-23-23A.
 Cover Page and Articles 1, 8, 12, 22, 25,
26, and 33: updated language.
 Attachment A – Contract Pricing –
Supplement 21: replaced with
Attachment A – Contract Pricing –
Supplement 22. *
*04/19/2024*
21  Attachment A – Contract Pricing –
Supplement 20 has been replaced with
Attachment A – Contract Pricing –
Supplement 21.
04/05/2024
20  Attachment A – Contract Pricing –
Supplement 19 has been replaced with
Attachment A – Contract Pricing –
Supplement 20.
02/29/2024
19  Attachment A – Contract Pricing –
Supplement 18 has been replaced with
Attachment A – Contract Pricing –
Supplement 19.
01/12/2024
18  *Attachment A – Contract Pricing –
Supplement 17 has been replaced with
Attachment A – Contract Pricing –
Supplement 18 due to price correction for
previous supplement.
01/04/2024
17  Attachment A – Contract Pricing –
Supplement 15 has been replaced with
Attachment A – Contract Pricing –
Supplement 17.
12/22/2023
16  Lithia Nissan contact information updated.
 Downtown Ford contact information
updated.
12/12/2023

390

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 3 *04/19/2024*
User Instructions
15  Attachment A – Contract Pricing –
Supplement 14 has been replaced with
Attachment A – Contract Pricing –
Supplement 15
11/17/2023
14  Attachment A – Contract Pricing –
Supplement 13 has been replaced with
Attachment A – Contract Pricing –
Supplement 14
11/15/2023
13  Attachment A – Contract Pricing –
Supplement 12 has been replaced with
Attachment A – Contract Pricing –
Supplement 13
10/31/2023
12  Attachment A – Contract Pricing –
Supplement 11 has been replaced with
Attachment A – Contract Pricing –
Supplement 12
09/21/2023
11  Attachment A – Contract Pricing –
Supplement 10 has been replaced with
Attachment A – Contract Pricing –
Supplement 11
8/31/2023
10  Attachment A – Contract Pricing –
Supplement 8 has been replaced with
Attachment A – Contract Pricing –
Supplement 10.
8/24/2023
9  Update State Contract Administrator
information. 08/04/2023
8  Attachment A – Contract Pricing –
Supplement 7 has been replaced with
Attachment A – Contract Pricing –
Supplement 8
07/28/2023
7  Attachment A – Contract Pricing –
Supplement 6 has been replaced with
Attachment A – Contract Pricing –
Supplement 7
 Downtown Ford’s email address has been
updated
06/16/2023
6  Attachment A – Contract Pricing –
Supplement 5 has been replaced with
Attachment A – Contract Pricing –
Supplement 6
01/23/2023

391

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 4 *04/19/2024*
User Instructions
5  Attachment A – Contract Pricing –
Supplement 4 has been replaced with
Attachment A – Contract Pricing –
Supplement 5
12/06/2022
4  Attachment A – Contract Pricing –
Supplement 3 has been replaced with
Attachment A – Contract Pricing –
Supplement 4
11/04/2022
3  Attachment A – Contract Pricing –
Supplement 2 has been replaced with
Attachment A – Contract Pricing –
Supplement 3
 Contact Information for Downtown Ford
has been updated
09/19/2022
2  Attachment A – Contract Pricing –
Supplement 1 has been replaced with
Attachment A – Contract Pricing –
Supplement 2
08/16/2022
1  Attachment A – Contract Pricing has been
replaced with Attachment A – Contract
Pricing – Supplement 1
 Attachment D – Vehicle Specifications has
been added
 Article 25 – Payments, language has been
modified
05/26/2022
N/A Original Contract Posted 05/01/2022
All other terms and conditions remain the same.
392

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 5 *04/19/2024*
User Instructions
393

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 6 *04/19/2024*
User Instructions

394

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 7 *04/19/2024*
User Instructions
SCOPE
The State’s contracts provide Fleet Vehicles - Vans & SUVs at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-23 *B – I*. The contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Fleet Vehicles - Vans & SUVs to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. This contract does not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected]
.
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State makes this contract available to local governmental agencies, each local 395

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 8 *04/19/2024*
User Instructions
governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services

(https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
396

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 9 *04/19/2024*
User Instructions

CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.

Each line item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.

A Maintenance Plan is offered on all light duty vehicles less than 8500 lbs Gross Vehicle Weight Rating (GVWR). Maintenance Plan pricing is listed on Attachment A, Contract Pricing. The purchase of the Maintenance Plan is optional. See Article 29, Maintenance Plan for more detailed information.

Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.

Quarterly Increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.

Multiple Award
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.

There is no vehicle ranking associated with this contract.

Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.

Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:
397

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 10 *04/19/2024*
User Instructions
• Add trailer tow package
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)

In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract.

The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.

Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non -mandatory. When applicable, third- party upfits shall be subject to the same pricing provisions as factory options.

Note: Vehicles with added or deleted options MUST continue to meet the appr opriate minimum specification.

Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.

Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.

A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.

SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2310- 4181 dated 08/16/2021 (Attachment B).

Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).

CUSTOMER SERVICE
The Contractor shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
398

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 11 *04/19/2024*
User Instructions
The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.

Dealer Contract # Contact Phone Email
[Lithia
Nissan of
Fresno
1-22-23-
23A Al Pacheco
(559)
440-
7946
[email protected]]
Ocean
Honda
1-22-23-
23B Pat Ireland
(559)
707-
5735
[email protected]
Freeway
Toyota of
Hanford
1-22-23-
23C Pat Ireland
(559)
707-
5735
[email protected]
Winner
Chevrolet
1-22-23-
23D
Jerry
Powers
(916)
426-
5752
[email protected]
Elk Grove
Auto
1-22-23-
23E
Jerry
Powers
(916)
426-
5752
[email protected]
Downtown
Ford Sales
1-22-23-
23F
Sandra
Scott
(916)
442-
9631
[email protected]
Watsonville
Fleet Group
1-22-23-
23G
Yesenia
Covarrubias
(626)
457-
5590
[email protected]
US Fleet
Source
1-22-23-
23H Lisa Molino
(626)
344-
4285
[email protected]
CA Car
Group 1-22-23-23I Richard M.

Slade
(925)
560-
4465
[email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.

399

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 12 *04/19/2024*
User Instructions

PRODUCT SUBSTITUTIONS
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select
Standard Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.

400

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 13 *04/19/2024*
User Instructions
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

MINIMUM ORDER
The minimum order shall be one (1) vehicle.

ORDERING PROCEDURE
A. Ordering Methods:

Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
[Contract #
1-22-23-
23A
U.S. Mail:

Lithia Nissan of
Fresno
5590 N Blackstone
Ave
Fresno, CA 93710
Attn: Al Pacheco
Facsimile:

N/A
Email:
[email protected]]
Contract #
1-22-23-
23B
U.S. Mail:

Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Attn: Pat Ireland
Facsimile:
(559) 961-
4601
Email:
[email protected]

Contract #
1-22-23-
23C
U.S. Mail:

Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Attn: Pat Ireland
Facsimile:
(559) 961-
4601
Email:
[email protected]

Contract #
1-22-23-
23D
U.S. Mail:

Winner Chevrolet
8575 Laguna Grove
Drive
Facsimile:
(916) 421-
0149
Email:
[email protected]

401

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 14 *04/19/2024*
User Instructions
Elk Grove, CA 95757
Attn: Jerry Powers

Contract #
1-22-23-
23E
U.S. Mail:

Elk Grove Auto Group
8575 Laguna Grove
Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-
0149

Email:
[email protected]

Contract #
1-22-23-
23F
U.S. Mail:

Downtown Ford Sales
525 N 16th St
Sacramento, CA
95811
Attn: Sandra Scott
Facsimile:
(916) 491-
3138
Email:
[email protected]
Contract #
1-22-23-
23G
U.S. Mail:

Watsonville Fleet
Group
1601 W. Main Street
Alhambra, CA 91801
Attn: Yesenia
Covarrubias
Facsimile:
(626) 457-
5593
Email:
[email protected]
Contract #
1-22-23-
23H
U.S. Mail:

US Fleet Source
979 S. Village Oaks
Drive
Covina, Ca 91724
Facsimile:
(626) 228-
3077
Email: [email protected]

Contract #
1-22-23-23I
U.S. Mail:

CA Car Group
4200 John Monego Ct
Dublin, CA 94568
Attn: Richard M. Slade
Facsimile:

N/A
Email:

[email protected]

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.
402

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 15 *04/19/2024*
User Instructions
The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.

ORDER ACKNOWLEDMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.

DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty

DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect DGS approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS CA.

DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the 403

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 16 *04/19/2024*
User Instructions
pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.

Delivery:

Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.

Orders requiring customized work by a 3
rd party supplier may exceed the delivery period
requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.

Caravan or drive-away method of delivery from the factory to a Contractor is not acceptable unless agreed upon by the ordering agency.

Drop ship deliveries shall not be made without prior State inspection. All vehicles shall be delivered with no less than five (5) gallons of fuel in the tank.

Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.
**Cab and Chassis trucks may require driving from an out-of-state factory and may exceed the five hundred (500) mile or less expectation. The Contractor shall notify the ordering Department at the time of purchase order execution.

When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PST.

Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre- delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.

INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency. 404

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 17 *04/19/2024*
User Instructions
Inspection will commence within five (5) working days of notification that a vehicl e is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.

Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.

Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.

Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.

EMERGENCY/EXPEDITED ORDERS
Not Applicable.

FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.

State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.

Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.
405

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 18 *04/19/2024*
User Instructions

CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.

State Contact
Information DGS/PD Contract Administrator
Contact Name: Frank Martin
Telephone: (279) 946-8035
Facsimile: NA
Email: [email protected]
Address: DGS/Procurement Division
Attn: Frank Martin
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605

Dealer
Contact
Information
[Lithia Nissan of Fresno
Contract # 1-22-23-23A]
Ocean Honda
Contract # 1-22-23-23B
Contact
Name:
[Al Pacheco] Pat Ireland
Telephone: [(559) 440-7946] (559) 707-5735
Facsimile: [N/A] (559) 961-4601
Email: [[email protected]] [email protected]
Address: [Lithia Nissan of Fresno
5590 N Blackstone Ave
Fresno, CA 93710]
Ocean Honda
3801 Soquel Dr
Soquel, CA 95073

Dealer
Contact
Information
Freeway Toyota of Hanford
Contract # 1-18-23-23C
Winner Chevrolet
Contract # 1-18-23-23D
Contact
Name:

Pat Ireland Jerry Powers
Telephone: (559) 707-5735 (916) 426-5752
Facsimile: (559) 961-4601 (916) 421-0149
Email: [email protected] [email protected]
Address: Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Winner Chevrolet
8575 Laguna Grove Drive
Elk Grove, CA 95757

406

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 19 *04/19/2024*
User Instructions
Dealer
Contact
Information
Elk Grove Auto Group
Contract # 1-22-23-23E
Downtown Ford Sales
Contract # 1-22-23-23F
Contact
Name:

Jerry Powers Sandra Scott
Telephone: (916) 426-5752 (916) 442-9631
Facsimile: (916) 421-0149 (916) 491-3138
Email: [email protected] [email protected] Address: Elk Grove Auto Group
8575 Laguna Grove Dr
Elk Grove, CA 95757
Downtown Ford Sales
525 N 16th St
Sacramento, CA 95811

Dealer
Contact
Information
Watsonville Fleet Group
Contract # 1-22-23-23G
US Fleet Source
Contract # 1-22-23-23H
Contact
Name:

Yesenia Covarrubias Lisa Molino
Telephone: (626) 457-5590 (626) 344-4285
Facsimile: (626) 457-5593 (626) 416-3064
Email: [email protected] [email protected] Address: Watsonville Fleet Group
1601 W. Main Street
Alhambra, CA 91801
US Fleet Source
979 S. Village Oaks Drive
Covina, Ca 91724

Dealer
Contact
Information
CA Car Group
Contract # 1-22-23-23I
Contact
Name:

Richard M. Slade
Telephone: (925) 560-4465
Facsimile: N/A
Email: [email protected]

Address: CA Car Group
4200 John Monego Ct
Dublin, CA 94568

407

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 20 *04/19/2024*
User Instructions

RESTOCKING FEES
The Contractor may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: The Contractor shall notify the ordering agency of the order placement per Article 14, Order Acknowledgment.

Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

PAYMENT
A. Terms
Payment terms for contracts 1-22-23-23 *B – G* include a $500 per vehicle discount for payment made within twenty (20) days. Contracts 1-22-23-23 H & I offer no discount. The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.

Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check. Typically, acceptance will be accomplished within twenty (20) business hours after a vehicle is delivered.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

408

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 21 *04/19/2024*
User Instructions
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.

D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3 and SCM-F.

Contractor Name Seller Permit #
[Lithia Nissan of Fresno 97163762]
Ocean Honda 101-652579
Freeway Toyota 102-659756
Winner Chevrolet 100-208309
Elk Grove Auto Group 100-197237
Downtown Ford Sales 28600344
Watsonville Fleet Group 245364864
101-135239
US Fleet Source 103-097044
CA Car Group 100-214737

WARRANTY
The manufacturer’s standard new vehicle warranty shall apply to all vehicles purchased from these contracts. All warranties shall be factory authorized. The warranty shall be 409

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 22 *04/19/2024*
User Instructions
honored by all franchised dealers of the vehicle within the State of California. The Warranty term for the vehicles offered under these contracts shall meet the following (as applicable):

• Bumper to bumper warranty shall cover not less than 3 years/36,000 miles, no charge for parts and labor.
• Power train warranty for light duty vehicles weighing 8500 lbs. GVWR or less shall cover not less than 5 years/100,000 miles, no charge for parts and labor. • Power train warranty for vehicles over 8500 lbs. GVWR shall cover not less than 5 years/60,000 miles, no charge for parts and labor.

The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/contractor in lieu of the manufacturer’s prescribed procedures which may form a part of the warranty.

All emission-related components shall be warranted in compliance with California Air Resources Board and Federal requirements. Contractor cannot offer independent insurance or statements indicating self insurance. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.

Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.

The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.

The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.

REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.

A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory 410

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 23 *04/19/2024*
User Instructions
expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.

Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.

MAINTENANCE PLAN
A maintenance plan is available for light duty vehicles under 8500 lbs. GVWR. The purchase of a maintenance plan is optional. The maintenance plan covers all regularly scheduled service for a minimum of five (5) years/75,000 miles. The maintenance shall include at a minimum all manufacturer recommended services such as, but not limited to:
• Oil changes;
• Filter changes;
• Fluid changes;
• Lubrications;
• Tire rotations;
• Equipment and safety inspections
The Maintenance Plan is not required to cover wear items such as brake pads/shoes, wiper blades, etc.

Purchase of the Maintenance Plan is non-mandatory for State departments.

The Maintenance Plan is not applicable to vehicles over 8,500 lbs. GVWR.

RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractor(s) is attached (Attachment C).

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

STATE AND LOCAL GOVERNMENT EMPLOYEE PRICING
In the interest of expanding the California marketplace for Zero Emission Vehicles (ZEV), some Contractors have offered a discount to any interested State of California or local government employee when purchasing a ZEV for personal use. A list of participating 411

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 *B-I*
Contract User Instructions, *Supplement 22*

Contract 1-22-23-23 *B-I* Page 24 *04/19/2024*
User Instructions
Dealers and vehicles can be found at: https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/State-of-California-Green-Fleet- Employee-Pricing-Program

ATTACHMENTS
Attachment A – Contract Pricing, *Supplement 22*
Attachment B – Specification 2310-4181, revised 08/16/2021 Attachment C – Postconsumer Content Certification Workbook Attachment D – Vehicle Specifications

412
City Council
Staff Report

Subject:

City-Wide Bark & Play Fiber Maintenance Award
Date:

June 25, 2024
Submitted By:

Rick Lawrence, Public Services Manager
Justin Nartker, Director of Public Services
Department:

Public Services
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (City-Wide Bark and Play Fiber Maintenance).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the City-Wide Bark & Play Fiber Maintenance to Jet Mulch, Inc., and Authorizing the City Manager to Execute an Agreement.

Background:

The City-Wide Bark & Play Fiber Maintenance project is included in the Fiscal Year (FY) 2024/25 Operating Budget, scheduled for review and approval by the City Council on June 25, 2024. This project generally involves placing bark or play fiber within City landscaped rights-of- way, streetscapes, City parks, and around other City-owned facilities. All locations are within the Rocklin City Limits (see Attachment 3).

The bid for City-Wide Bark & Play Fiber Maintenance was advertised on January 11, 2024, and January 18, 2024, with the bid opening on Tuesday, February 6, 2024 (see Attachment 4).

Two (2) bids were received. The bid prices reflected below are the combined total unit costs, per cubic yard of material, per year
:

CONTRACTOR Year 1 Year 2 Year 3 Total Jet Mulch, Inc. (Modesto) $105.61 $108.61 $111.61 $325.83 Applied Landscape Materials (Rocklin) $109.25 $109.25 $109.25 $327.75 Staff reviewed the apparent low bid for responsiveness and identified an insignificant mathematical error. Despite this minor discrepancy, the bid has been determined to be sufficient and meets the necessary requirements for consideration and determined they were responsive, concluding that Jet Mulch, Inc. submitted the lowest responsible bid. Staff recommends that the City Council award the contract to Jet Mulch, Inc.

This is a three-year contract with a not to exceed amount of Six Hundred Thousand Dollars Item Number 3U.

413
($600,000). The costs/funding are included in the individual departments’ budgets and will be charged accordingly at the time of use.

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the City-Wide Bark & Play Fiber Maintenance project and determined that it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 and has prepared a Notice of Exemption.

Fiscal Impact:

There is no additional fiscal impact as this project is included in the FY 2024/25 Operating Budget in various departments/funds. Costs for years 2 and 3 will be reflected in future operating budgets.

ATTACHMENTS:

1. Resolution A - Notice of Exemption

2. Resolution B - Contract Award

3. Project Location Map

4. Bid Summary

5. Jet Mulch Bid
414

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(CITY-WIDE BARK & PLAY FIBER MAINTENANCE)

WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the City-Wide Bark and Play Fiber Maintenance (Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations Section 15301 – Existing Facilities; and

WHEREAS, a Notice of Exemption has been prepared for the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Based on the review and determination of the Environmental Coordinator, the City Council of the City of Rocklin finds that the Project is exempt from review under the California Environmental Quality Act.

Section 2. A Notice of Exemption is approved for the Project.

Section 3. Upon approval of the Project by the City Council, the Environmental Coordinator may file the Notice of Exemption with the County Clerk of Placer County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of S ection 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

PASSED AND ADOPTED this 25th day of June, 2024 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Greg Janda, Mayor

ATTEST:

______________________________
Avinta Singh, City Clerk

415

NOTICE OF EXEMPTION

TO: ☒ County Clerk FROM: City of Rocklin
County of Placer Public Works Department
2954 Richardson Blvd. 4081 Alvis Court
Auburn, CA 95604-5228 Rocklin, CA 95677

☒ Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3004

Project Title: City of Rocklin City-Wide Bark & Play Fiber Maintenance Project Location - Specific: The proposed project location is City Landscaped right of ways Project Location - City: Rocklin, CA Project Location - County: Placer Description of Nature, Purpose and Beneficiaries of Project: The project is delivery and installation of bark and playground fiber in city landscaped right of ways, streetscapes, city parks, and around other city owned facilities . There will be no expansion of the existing landscaped areas or change in the uses.

Name of Public Agency Approving Project: City of Rocklin Name of Person or Agency Carrying Out Project: City of Rocklin

Exempt Status (Check one)
☒ Categorical Exemption (California Code of Regulations Sec. 15300 et seq.): Section 15301 – Existing Facilities.

Reasons why the project is exempt:

The project involves the placement of bark and playground fiber, as further described above.

Class 1 exemptions consist of the minor alteration of existing facilities involving negligible or no expansion beyond the existing use. Examples include but are no t limited to: (h) Maintenance of existing landscaping, native growth, and water supply resevoirs. The project as proposed is consistent with the exemption class description noted above and is exempt pursuant to Class 1 of the CEQA Guidelines

Contact Perso n: Justin Nartker, Director of Public Works, City of Rocklin, Public Works Department, 4081 Alvis Court, Rocklin, CA, 95677, (916) 625-5500

Signature: Date:

Justin Nartker, Director of Public Works

416
417
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE CITY-WIDE BARK & PLAY FIBER MAINTENANCE TO JET MULCH, INC., AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT
WHEREAS, the City-wide Bark & Play Fiber Maintenance consists generally of placing bark within city landscaped right of ways, streetscapes, city parks and around other city own facilities. All locations are within the Rocklin City Limits; and WHEREAS, the invitation for bids was advertised on January 11, 2024, and January 18, 2024, with the bid opening Tuesday, February 6, 2024, and bids were thereafter examined and found to be in compliance with all applicable specifications; and WHEREAS, the lowest responsible bid was determined to be $325.83 for the combined unit cost over three years, submitted by Jet Mulch, Inc. and staff recommends that the contract for the project be awarded to Jet Mulch, Inc.; and
WHEREAS, the total authorized Project amount is a not to exceed $600,000 provided sufficient funds for services have been appropriated; and WHEREAS, this project is included in the Fiscal Year (FY) 2024/25 Operating Budget approved by the City Council of the City of Rocklin and is funded from the budget of several departments which utilize various funding sources (CFD5-232, L&L2-235, General Fund-100, and Gas Tax-210).

NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The mathematical error identified in the Jet Mulch, Inc. bid is determined to be insignificant and therefore waived.

Section 2. The contract for the City-wide Bark & Play Fiber Maintenance is awarded to Jet Mulch, Inc. and the City Manager is authorized to execute the Agreement with Jet Mulch, Inc. in substantially the form attached hereto as Exhibit “A.” PASSED AND ADOPTED this 25th day of June, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
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CONTRACT FOR SERVICES
THIS CONTRACT is made on June 25, 2024, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and Jet Mulch, Inc., “Contractor,” who mutually agree as follows:

1. SCOPE OF SERVICES
A. Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibits A and/or B.

Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until the agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.

2. COMPENSATION
B. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A, the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of Six Hundred Thousand Dollars ($600,000). The payments specified in Exhibits A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.

C. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.

Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.

D. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice, including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and (7) Total billed to date under agreement.
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E. Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.

E. During performance of the agreement and for a period of three (3) years after completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s reimbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.

F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.

3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.

4. TERM OF CONTRACT
F. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect three years from the date of award, with the option for the City to extend the contract for two additional one-year terms unless sooner terminated as provided herein.

G. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.

5. SUSPENSION/TERMINATION:

A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.

B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
i. Contractor shall immediately cease rendering services pursuant to this agreement;
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ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; i. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement. Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

C. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.

6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this agreement.

7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.

9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or 422

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Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.

10. COMPLIANCE WITH ALL LAWS:

Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.

For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instances unless prohibited by the funding source for the agreement.

11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.

B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement.

Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.

C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Contractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.

D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B. 423

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E. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from the City of the desire for the removal of such person.

F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.

G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research. Contractor shall be liable for any expenses thereby incurred.

12. SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.

14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is 424

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warranted by the category designated by the City code and that a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.

16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall survive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.

18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

A. Minimum Scope and limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less 425

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than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensationas required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.

B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage . For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.

4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions . Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
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6. Acceptability of Insurers . Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

19. GENERAL/MISCELLANEOUS PROVISIONS:

A. Contract Documents . This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.

B. Non-Discrimination in Employment and Equal Employment Opportunity .

Contractor shall not engage in unlawful employment discrimination. Such unlawful employment 427

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discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.

C. Inspection of Records . Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor.

D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever oral or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this Contract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of Rocklin
Public Services Department
4081 Alvis Court
Rocklin, CA 95677

City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677

Contractor: Jet Mulch, Inc.
2901 Park Ave., Ste. D3
Soquel, Ca 95073
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H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.

I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.

J. Power and Authority to Enter into Agreement. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.

K. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record- keeping system to the fullest extent permitted by applicable law.

L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.

CONTRACTOR
By: _________________________
[Name, Title]
By: _________________________
[Name, Title]
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CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
ATTEST:

By: _______________________
Avinta Singh, City Clerk
APPROVED AS TO FORM:

By: _______________________
Matthew McOmber, City Attorney
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EXHIBIT A
Contractor Proposal/Scope of Work
The scope of work is as follows:

General Work Description:

This project consists generally of placing bark within city landscaped right of ways, streetscapes, city parks and around other city owned facilities. All locations are within the Rocklin City Limits.

The unit price bid will include:
 Installation and clean up Contractor to provide all supplies, materials, labor, labor supervision, tools, equipment, traffic control and transportation necessary to complete Project Services.
 Traffic control per the most current California MUTCD  Dust control
 Water pollution control
 Contractor must have the ability to install bark at a rate of 300+ cubic yards per hour in order to minimize street closure and circulation interruption.

All work includes but is not limited to:

1. Walk On Landscape Bark- This will include the Installation and clean-up of Landscape Bark in various types of landscapes such as, but not limited to, medians, streetscapes, parks and other city owned facilities. At all locations, bark layer must be to a depth of (3) inches. After bark installation, all “in ground control boxes” and plant materials shall be cleared of bark.

Contractor will be responsible to clean off all walkways and surrounding areas after bark has been installed. All depths will be to the satisfaction of the Landscape Supervisor or his designee. Walk On Landscape bark will be 100% virgin Natural Fir Bark wood that has been screened to 1”-3” in particle size or SB1383 Dyed Brown Recycled Bark as determined by the Landscape Supervisor.

2. Playground Engineered Fiber- This will include the Installation and clean-up of Playground Engineered Fiber in various park playground areas. Playground Engineered Fiber will be 100% Virgin Cedar- Blonde screened to 3/8”-3/4” in particle size. After bark installation, all “in ground control boxes” and plant materials shall be cleared of bark. Contractor will be responsible to clean off all walkways and surrounding areas after bark has been installed.

Product shall be applied using a pneumatic application process. This process insures a consistent depth of material while minimizing site interruption and clean-up. Product shall be placed at a depth of at least twelve (12) inches for a new installation (determined by the city representative). Product shall be topped off to a depth of at least twelve (12) inches necessary to re-establish a on maintenance areas (determined by city representative). All depths will be to the satisfaction of the Parks or his designee.

Playground Engineered Fiber will meet or exceed the requirements outlined in:

ASTM –F1292 Specification for impact attenuation performance requirements for playground surfaces within the use of playground equipment.

ASTM-F1951 Wheel chair accessibility test. Specification for determining accessibility of materials used under and around playground equipment.
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ASTM-F2075 Sieve Test Analysis, hazardous metals test, tramp metal test 432

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SPECIAL PROVISIONS
Citywide Bark & Playground Fiber Maintenance

1. Permit Fees
 Any/all City of Rocklin required/issued permits and city inspections for this project will be issued and/or provided on a no-fee basis.

2. Business License
 Contractor and all subcontractors will be required to obtain, at their cost, the appropriate business license.

3. Site Security and Cleanup
 Contractor is responsible to keep site secured at all times and free from hazards. All equipment, materials, and supplies shall be secured throughout the project.
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EXHIBIT B
Schedule of Performance
The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one (1) year at a time at its sole discretion. 434

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EXHIBIT C
Schedule of Fees
The total not to exceed amount shall not exceed Six Hundred Thousand Dollars ($600,000) provided sufficient funds for services have been appropriated.

The initial contract will be for a term of three (3) years from the date of award. The City may renew the contract for up to two (2) additional years, one (1) year at a time at its sole discretion.

Sixty days prior to the expiration date of the current contract, the City may re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations.

If the term of the contract is extended beyond the initial three-year term, any requests made by the Contractor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change not exceed 4%.

In its requests for price increases the Contractor shall cite sources, specific conditions, and document how those conditions affect the cost.

The Fee Schedule is as follows:

Item
No.

Item
Description
Est.

Qty.

Unit of
Measure
March 1,2024 –
February
28,2025
March 1,2025 –
February 28,
2026
March 1, 2026 –
February 28, 2027
1 Walk On Bark
(per Appendix B
Specifications)
1 Cu. Yd. $44.17 $45.17 $46.17
2 SB1383 Dyed
Brown Recycled
Bark (per
Appendix B
Specifications)
1 Cu. Yd. $31.57 $32.57 $33.57
3 Playground
Engineered
Fiber(per
Appendix B
Specifications)
1 Cu. Yd. $29.87 $30.87 $31.87
435

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EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTORS
By:
[Title]
436

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EXHIBIT E

LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Contractor and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Contractor acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Contractor shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Contractor warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Contractor and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Contractor /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Contractor's principal office. These records shall be maintained during the course of the Work. The Contractor and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Contractor in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.

C. To the extent applicable, Contractor and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll 437

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(but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Contractor in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”

4. Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Contractor's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5 438
Project Location Map
Project Location Map

439
440
441
442
443
444
445
446
447
448
449
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City Council
Staff Report

Subject:

Corporation Yard Shop Roof Restoration and Gutter Replacement - Award of Contract
Date:

June 25, 2024
Submitted By:

Matt McClure, Public Services Manager
Justin Nartker, Director of Public Services
Department:

Public Services
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Corporation Yard Shop Roof Restoration and Gutter Replacement).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the Corporation Yard Shop Roof Restoration and Gutter Replacement to United Building Contractors, Inc. and Authorizing the City Manager to Execute Construction Agreement.

Background:

The Corporation Yard Shop Roof Restoration and Gutter Replacement project was included in the Fiscal Year (FY) 2023/24 Operating Budget approved by the City Council on June 27, 2023 (Resolution No. 2023-109). This project consists of the restoration of the existing roof and complete replacement of the gutters of the Corporation Yard Shop facility (see Attachment 3 for a location map).

The project bid was advertised on February 23, 2024, and March 1, 2024, with the bid opening on Thursday, March 14, 2024. Five (5) bids were received and publicly read aloud as follows:

CONTRACTOR BID United Building Contractors, Inc. (Sacramento) $132,509.00 Madsen Roofing & Waterproofing, Inc. (Rancho Cordova) $159,628.00 Rua & Son Mechanical, Inc. (Rocklin) $162,400.00 D7 Roofing Services (Rancho Cordova) $183,735.00 California Single Ply, Inc. (Rocklin) $198,295.00

The Bid Summary is included as Attachment 4.

Staff has reviewed the bids for sufficiency, determined they were responsive, and determined United Building Contractors, Inc. submitted the lowest responsible bid. Staff recommends that the City Council award the contract to United Building Contractors, Inc. Pursuant to Rocklin Item Number 3V.

454
Municipal Code section 3.04.050, the City Manager will have change order authority up to fifteen (15) percent of the contract amount ($19,876.35).

This project is funded out of the General Fund (100). The amount for this project, including fifteen (15) percent change order authority, brings the total cost to $152,386 (rounded).

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Shop Roof Restoration and Gutter Replacement and determined that it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 and has prepared a Notice of Exemption.

Fiscal Impact:

There is no fiscal impact as this project is included in the FY 2023/24 Operating Budget and is funded using the General Fund (100).

ATTACHMENTS:

1. Resolution A

2. Resolution B - Construction Agreement

3. Project Location Map

4. Bid Summary
455

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(CORPORATION YARD SHOP ROOF RESTORATION AND GUTTER

REPLACEMENT)

WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Shop Roof Restoration and Gutter Replacement ( Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations Section 15301 – Existing Facilities:and

WHEREAS, a Notice of Exemption has been prepared for the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Based on the review and determination of the Environmental Coordinator, the City Council of the City of Rocklin finds that the Project is exempt from review under the California Environmental Quality Act.

Section 2. A Notice of Exemption is approved for the Project.

Section 3. Upon approval of the Project by the City Council, the Environmental Coordinator may file the Notice of Exemption with the County Clerk of Placer County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of S ection 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

PASSED AND ADOPTED this 25th day of June, 2024 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Greg Janda, Mayor

ATTEST:

______________________________
Avinta Singh, City Clerk

456

NOTICE OF EXEMPTION

TO: ☒ County Clerk FROM: City of Rocklin
County of Placer Public Works Department
2954 Richardson Blvd. 4081 Alvis Court
Auburn, CA 95604-5228 Rocklin, CA 95677

☒ Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3004

Project Title: City of Rocklin Corporation Yard Shop Roof Restoration and Gutter Replacement Project Location - Specific: 4081 Alvis Court, Rocklin, California 95677 Project Location - City: Rocklin, CA Project Location - County: Placer Description of Nature, Purpose and Beneficiaries of Project: The City of Rocklin Public Works Department proposes this project that includes the restoration of the existing roof and complete replacement of the gutters. Inspection of the roof found that performing preventative maintenance by appling a restoration coating and replacing the gutters would extend the life of the roof for multiple years.

The City of Rocklin Corporation Yard Shop facility houses storage and maintenance areas for the public works and park divisions. The proposed project would provide a continued safe and stable environment for the City of Rocklin Corporation Yard Personnel.

Name of Public Agency Approving Project: City of Rocklin Name of Person or Agency Carrying Out Project: City of Rocklin Exempt Status (Check one)
☒ Categorical Exemption (California Environmental Quality Act [ CEQA] Guidelines, Title 14, Division 6, Chapter 3 of the California Code of Regulations , Section 15301, Class 1 – Existing Facilities)
Reasons why the project is exempt:

Restoration of the roof and replacement of the gutters located at the City of Rocklin Corporation Yard Shop facility is a project exempt under CEQA Guidelines, Section 15301 , Class 1 – Existing Facilities. The exemption allows for the repair, maintenance, or minor alteration of existing public structures, facilities, or mechanical equipment. The proposed project involves negligible or no expansion of existing or former use and is not the result of an earthquake, landslide, or flood .

There are no unusual circumstances that would result in a reasonable possibility of a significant effect on the environment. The proposed project is exempt under the CEQA Guidelines, Section 15301, Class 1 – Existing Facilities, and no further environmental review is required.

Contact Person: Justin Nartker, Director of Public Works, City of Rocklin, Pub lic Works Department, 4081 Alvis Court, Rocklin, CA, 95677, (916) 625-5500

457

Signature: Date:

Justin Nartker, Director of Public Works

458
045-390-008-000
045-390-005-000
045-012-003-000
045-390-009-000
045-013-027-000
045-013-004-000
045-013-007-000
045-012-002-000
045-390-022-000
045-350-008-000
045-041-044-000
045-013-002-000
045-013-003-000
045-350-009-000
045-013-005-000
045-012-001-000
045-012-004-000
045-013-023-000
045-013-024-000
045-041-025-000
045-041-045-000
045-013-022-000
P
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S
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PACIFIC ST

ALVIS CT

TAYLOR RD
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CITRUS AVE
Exhibit A
³
Rocklin
Corporation
Yard
Legend
City Boundary
Corporation Yard
459
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE CORPORATION YARD SHOP ROOF RESTORATION AND GUTTER REPLACEMENT TO UNITED BUILDING CONTRACTORS, INC., AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONSTRUCTION AGREEMENT
WHEREAS, the Corporation Yard Shop Roof Restoration and Gutter Replacement project consists of replacement of the roof and gutters on the Corporation Yard Shop; and WHEREAS, the invitation for bids was advertised on February 23, 2024, and March 1, 2024, with the bid opening Thursday, March 14, 2024, and bids were thereafter examined and found to be in compliance with all applicable specifications; and WHEREAS, the lowest responsible bid was determined to be $132,509.00, submitted by United Building Contractors, Inc. and staff recommends that the construction agreement for the project be awarded to United Building Contractors, Inc.; and WHEREAS, pursuant to the Rocklin Municipal Code, section 3.04.050, a contingency amount of fifteen (15) percent of the contract $19,877 (rounded), is automatically authorized for all public works project contracts awarded by the City Council or the City Manager, as long as adequate funds have been appropriated, bringing the total authorized Project amount to $152,386 (rounded); and
WHEREAS, this project is included in the Fiscal Year (FY) 2023/24 budget approved by the City Council of the City of Rocklin and is funded using General Funds (100); and NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The construction agreement for the Corporation Yard Shop Roof Restoration and Gutter Replacement is awarded to United Building Contractors, Inc. and the City Manager is authorized to execute the Construction Agreement with United Building Contractors, Inc. in substantially the form attached hereto as Exhibit “A.”
PASSED AND ADOPTED this 25th day of June, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
460

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____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
461

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CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of June 25, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and United Building Contractors, Inc., a California Corporation (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein.

I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.

B. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

C. The Contract Documents shall include the Notice to Contractors, Addenda, Bid Form, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.

III. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail.

IV. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work required for the Contract for the Project entitled:

Corporation Yard Shop Roof Restoration and Gutter Replacement V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, One Hundred and Thirty-Two Thousand, Five Hundred and Nine Dollars ($132,509) as the stipulated sum price which Contractor bid in its Bid Form, subject to additions and 462

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deductions by Change Order(s) as provided in the General Conditions.

IIII. PROGRESS AND FINAL PAYMENTS
Progress and final payments shall be in accordance with the General Provisions.

IVII. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this contract, City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties.

VII. TIME OF COMPLETION
A. The entire Work shall be brought to completion in the manner and within the time period provided for in the Contract Documents, commencing on the date of issuance of the Notice to Proceed.

B. Failure to complete the Work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.

IX. INSURANCE
Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Provisions.

X. NO WAIVER OF REMEDIES
A. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach.

B. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and City shall have any and all equitable and legal remedies which it would in any case have.

XI. DETERMINATION OF DAMAGES
A. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages.

B. Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City of Rocklin by reasons of the delay in the completion of the Project to serve the public at the earliest possible time.

C. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that it understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.
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XII.LIQUIDATED DAMAGES
A. The amount of the liquidated damages to be paid by Contractor to City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Five Hundred Dollars ($500.00) for each Calendar day, continuing to the time at which the Work is completed.

B. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay.

VIIII. TERMINATION AFTER ALLOTTED WORKING OR CALENDAR DAYS A. In addition to any rights it may have, City may terminate this Contract or the Contractor’s right to proceed at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted.

B. Upon such termination Contractor any compensation shall be in accordance with Section

5.23 of the General Provisions, and it shall be liable to City for liquidated damages for all periods of time beyond such termination date until the Work is completed.

XIV. CONTRACTOR BANKRUPT
A. If Contractor should commence any proceeding under the Bankruptcy Act, or if contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City Council may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Article 5 of the General Provisions.

B. City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the General Provisions.

XV.PERFORMANCE AND PAYMENT BONDS
A. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor.

1. One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract.

2. The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.

B. Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.

C. Bonds shall only be accepted from an “Admitted surety insurer”, which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit all of the following with the bonds:
 The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

XVI. SUBSTITUTION OF SECURITIES OF MONEY WITHHELD
A. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. 464

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B. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.

C. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. A fee set by the City Council shall be charged for such substitution.

XVII. LABOR CODE COMPLIANCE
A. City affirmatively identifies this project as a “public work” as that term is defined by Labor Code section 1720, and the project is, therefore, subject to prevailing wages under Labor Code section 1771.

B. Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.

XVIII. UNFAIR COMPETITION
A. The following provision is included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
XIX. ASSIGNMENT
Neither this Agreement nor any rights herein of Contractor shall be assigned without the written consent of City first obtained.

XIX. NO THIRD PARTY BENEFICIARIES
This Agreement is entered into solely between the City and Contractor. There are no third party beneficiaries, intended, unintended, or otherwise to this Agreement. /////SIGNATURE PAGE FOLLOWS/////
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IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR: (California Corporations: must be signed by company’s CEO, President, or Vice President
as well as the Secretary or CFO.)
Date Tax I.D. Number
Signature Signature
Print Name Print Name
Title Title
CITY OF ROCKLIN, A Municipal Corporation:

Aly Zimmermann, City Manager
APPROVED AS TO FORM:

Matthew McOmber, City Attorney
ATTEST:

Avinta Singh, City Clerk
466

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Reso. No. 2024-
CERTIFICATE OF ACKNOWLEDGMENT pursuant to Civil Code, Section 1189, must be provided for Contractor’s signature.

NOTARY TO ATTACH CURRENT ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
467
Corporation
Yard
§¨¦
80 ALVIS CT
City of Rocklin Corp. Yard
4081 Alvis Court
Rocklin CA 95677
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GRANITE DR

ANTHONY CT

BRACE RD

PACIFIC ST

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Project Location Map
Rocklin Rd.

Sierra College Blvd.

Pacific St.
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NOT TO SCALE
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469
City Council
Staff Report

Subject:

Corporation Yard Portable Releveling and Dry Rot Repair Award Date:

June 25, 2024
Submitted By:

Matt McClure, Public Services Manager
Justin Nartker, Director of Public Services
Department:

Public Services
Recommendation:

A
.

Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (Corporation Yard Portable Releveling and Dry Rot Repair).

B
.

Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for Corporation Yard Portable Releveling and Dry Rot Repair to Reliant Construction, Inc., and Authorizing the City Manager to Execute an Agreement.

Background:

The Corporation Yard Portable Releveling and Dry Rot Repair project was included in the Fiscal Year (FY) 2023/24 Operating Budget approved by the City Council on June 27, 2023 (Resolution No. 2023-109). This project consists of the use of jacks, leveling devices, and supports to relevel the portable building for maintenance stability on the floor. It also includes the complete removal of all dry rot from the building and wall replacement for the safety and integrity of the building (see Attachment 1).

The bid for the Corporation Yard Portable Releveling and Dry Rot Repair project was advertised on February 23, 2024, and March 1, 2024, with the bid opening on Thursday, March 14, 2024. Two (2) bids were received and publicly read aloud as follows:

CONTRACTOR BID Reliant Construction, Inc. (Sacramento) $52,997.42 GSP Construction, Inc. (Rancho Cordova) $83,000.00
The Bid Summary is included as Attachment 4.

Staff has reviewed the bids for sufficiency, determined they were responsive, and determined Reliant Construction, Inc. submitted the lowest responsible bid. Staff recommends that the City Council award the contract to Reliant Construction, Inc. Pursuant to Rocklin Municipal Code section 3.04.050, the City Manager will have change order authority up to fifteen (15) percent of the contract amount ($7,949.61).

Item Number 3W.

470
This project is funded out of the General Fund (100). The amount for this project, including fifteen (15) percent change order authority, is $60,947 (rounded).

Environmental Analysis:

The City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Portable Releveling and Dry Rot Repair and determined that it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15301 and has prepared a Notice of Exemption.

Fiscal Impact:

There is no fiscal impact as this project is included in the FY 2023/24 Operating Budget and is funded using the General Fund (100).

ATTACHMENTS:

1. Resolution A - Notice of Exemption

2. Resolution B - Contract Award

3. Project Location Map

4. Bid Summary
471

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ROCKLIN

APPROVING A NOTICE OF EXEMPTION
(CORPORATION YARD PORTABLE RELEVELING AND DRY ROT REPAIR)

WHEREAS, the City of Rocklin’s Environmental Coordinator has reviewed the Corporation Yard Portable Releveling and Dry Rot Repair (Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to California Code of Regulations Section 15301 – Existing Facilities:and

WHEREAS, a Notice of Exemption has been prepared for the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:

Section 1. Based on the review and determination of the Environmental Coordinator, the City Council of the City of Rocklin finds that the Project is exempt from review under the California Environmental Quality Act.

Section 2. A Notice of Exemption is approved for the Project.

Section 3. Upon approval of the Project by the City Council, the Environmental Coordinator may file the Notice of Exemption with the County Clerk of Placer County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of S ection 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

PASSED AND ADOPTED this 25th day of June, 2024 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

____________________________________
Greg Janda, Mayor

ATTEST:

______________________________
Avinta Singh, City Clerk

472

NOTICE OF EXEMPTION

TO: ☒ County Clerk FROM: City of Rocklin
County of Placer Public Works Department
2954 Richardson Blvd. 4081 Alvis Court
Auburn, CA 95604-5228 Rocklin, CA 95677

☒ Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3004

Project Title: City of Rocklin Corporation Yard Portable Releveling and Dry Rot Repair Project Location - Specific: 4081 Alvis Court, Rocklin, California 95677 Project Location - City: Rocklin, CA Project Location - County: Placer Description of Nature, Purpose and Beneficiaries of Project: The City of Rocklin Public Works Department proposes this project that includes the use of jacks, levelling devices, and supports to relevel the portable building for maintenance stability on the floor. It also includes the complete removal of all dry rot from the building and wall replacement for the safety and integrity of the building.

The City of Rocklin Corporation Yard Portable facility houses offices, a training room, locker rooms, and related facilities for Public Works an d Parks Division staff. The proposed project would provide a continued safe and stable environment for the City of Rocklin Corporation Yard & Parks Division Personnel.

Name of Public Agency Approving Project: City of Rocklin Name of Person or Agency Carrying Out Project: City of Rocklin Exempt Status (Check one)
☒ Categorical Exemption (California Environmental Quality Act [ CEQA] Guidelines, Title 14, Division 6, Chapter 3 of the California Code of Regulations , Section 15301, Class 1 – Existing Facilities)
Reasons why the project is exempt:

Releveling of the portable building and complete removal of all dry rot and replacement located at the City of Rocklin Corporation Yard Portable facility is a project exemp t under CEQA Guidelines, Section 15301 , Class 1 – Existing Facilities. The exemption allows for the repair, maintenance, or minor alteration of existing public structures, facilities, or mechanical equipment. The proposed project involves negligible or no expansion of existing or former use and is not the result of an earthquake, landslide, or flood . There are no unusual circumstances that would result in a reasonable possibility of a significant effect on the environment . The proposed project is exempt under the CEQA Guidelines, Section 15301, Class 1 – Existing Facilities, and no further environmental review is required. 473

Contact Person: Justin Nartker, Director of Public Works, City of Rocklin, Public Works Department, 4081 Alvis Court, Rocklin, CA, 95677, (916) 625-5500

Signature: Date:

Justin Nartker, Director of Public Works

474
045-390-008-000
045-390-005-000
045-012-003-000
045-390-009-000
045-013-027-000
045-013-004-000
045-013-007-000
045-012-002-000
045-390-022-000
045-350-008-000
045-041-044-000
045-013-002-000
045-013-003-000
045-350-009-000
045-013-005-000
045-012-001-000
045-012-004-000
045-013-023-000
045-013-024-000
045-041-025-000
045-041-045-000
045-013-022-000
P
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PACIFIC ST

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TAYLOR RD
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Exhibit A
³
Rocklin
Corporation
Yard
Legend
City Boundary
Corporation Yard
475
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN

AWARDING THE CONTRACT FOR THE CORPORATION YARD PORTABLE RELEVELING AND DRY ROT REPAIR TO RELIANT CONSTRUCTION, INC., AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT
WHEREAS, the Corporation Yard Shop Portable Releveling and Dry Rot Repair consists of the use of jacks, levelling devices, and supports to relevel the portable building for maintenance stability on the floor. It also includes the complete removal of all dry rot from the building and wall replacement for the safety and integrity of the building; and WHEREAS, the invitation for bids was advertised on February 23, 2024, and March 1, 2024, with the bid opening Thursday, March 14, 2024, and bids were thereafter examined and found to be in compliance with all applicable specifications; and WHEREAS, the lowest responsible bid was determined to be $52,997.42, submitted by Reliant Construction, Inc. and staff recommends that the contract for the project be awarded to Reliant Construction, Inc.; and
WHEREAS, pursuant to the Rocklin Municipal Code, section 3.04.050, a contingency amount of fifteen (15) percent of the contract $7,950 (rounded), is automatically authorized for all public works project contracts awarded by the City Council or the City Manager, as long as adequate funds have been appropriated, bringing the total authorized Project amount to $60,947 (rounded); and
WHEREAS, this project is included in the Fiscal Year (FY) 2023/24 Operating Budget approved by the City Council of the City of Rocklin and is funded using General Funds (100); and
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:

Section 1. The contract for the Corporation Yard Portable Releveling and Dry Rot Repair is awarded to Reliant Construction, Inc. and the City Manager is authorized to execute the Agreement with Reliant Construction, Inc. in substantially the form attached hereto as Exhibit “A.”
PASSED AND ADOPTED this 25th day of June, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
476

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Reso. No. 2024-
ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
477

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Reso. No. 2024-

CONSTRUCTION AGREEMENT
THIS AGREEMENT, dated for identification as of June 25, 2024, is between the CITY OF ROCKLIN, a municipal corporation, (hereinafter called "City"), and Reliant Construction, Inc., a California Corporation (hereinafter called "Contractor").

The parties hereto mutually agree to the terms and condition set forth herein.

I. CONTRACT DOCUMENTS
A. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement.

B. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.

C. The Contract Documents shall include the Notice to Contractors, Addenda, Bid Form, Agreement, Plans, General Provisions, Special Provisions, General Requirements (Division 1), Technical Specifications (Divisions 2 through 16), Permits from other agencies as may be required by law, City of Rocklin Construction Specifications, Improvement Standards and Standard Drawings, Caltrans Standard Plans and Specifications as applicable, Standard Forms, Supplemental Drawings, all required bonds, Exhibits, the Contract Schedule, Storm Water Pollution Prevention Plan (whether prepared by the City or the Contractor) and any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in an acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract Documents and include Change Orders, Construction Change Directives, Field Directives, Field Orders and Supplemental Drawings.

D. The General Provisions shall mean and refer to the current General Provisions of the City of Rocklin, which are incorporated herein by this reference as if set forth herein.

II. DEFINITIONS
Unless otherwise specifically provided herein, all works and phrases defined in the General Provisions shall have the same meaning and intent in this Agreement.

III. AGREEMENT CONTROLS
In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail.

IV. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of City, all the work required for the Contract for the Project entitled:

Corporation Yard Portable Releveling and Dry Rot Repair V. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, in full payment for the above work, Fifty-Two Thousand, Nine Hundred and Ninety-Seven Dollars and Forty-Two Cents ($52,997.42) as the stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. 478

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