AGENDA
June 5, 2024
CITY COUNCIL
6:00 p.m.
Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us
THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.
Public Comment
- Speakers have three minutes under Public Comment to speak on issues that
are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.
Consent Calendar
- If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.
Agenda Items
- Speakers have five minutes to address items that are listed on the agenda.
Levine Act Provisions
-
The Levine Act requires a Party (or its agent (s)) to a Proceeding before the City of Roseville that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officers (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $250 within the 12 months before the City decision.
Americans with Disabilities Act
- Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.
Audio/Visual Presentations
- If making a presentation regarding an agenda item, audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance.
Security procedures are in place to attend Roseville City Council meetings.
All attendees must
successfully pass through a security metal detector.
Any person with a prohibited item will not be
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Prohibited items include, but are not limited to: firearms (even with valid CCW), knives, pepper spray/mace, explosives of any kind/ any weapons and/or dangerous devices of any kind, illegal drugs and alcohol.
Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MEETING PROCEDURES
5. PUBLIC COMMENTS
6. CONSENT CALENDAR
BEGINNING OF CONSENT CALENDAR
Minutes
6.1. Minutes of Prior Meetings
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the May 1, 2024 City Council Closed Session and City Council Meeting and March 15, 2024 City Council Closed Session and City Council Meeting.
CC #:
3378
File #:
0102-03
CONTACT:
Melissa Lipp 916-774-5268 [email protected]
Bids / Purchases / Services
6.2. Basketball Court Renovations (RFQ 10-3381) - Contract Purchase Agreement Memo from Buyer Sue Jessup and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-152 APPROVING A CONTRACT PURCHASE AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND TJR RESOURCES,
INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE (3003645). Staff requests Council approve a contract purchase agreement with TJR Resources, Inc. as the lowest responsive and responsible bidder for RFQ 10-3381 for the basketball court renovations project. The Parks, Recreation, & Libraries Department has a requirement to replace the aging basketball court surfaces at Maidu Park, Elliot Park, and Woodbridge Park. The total cost of the renovation is $268,000. Additionally, staff recommends Council approve change order authority for a 10% contingency, for a total contract not-to-exceed amount of $294,800. Funding is included in the Basketball Court Replacement project in the Parks, Recreation and Libraries Capital Projects Fund.
CC #:
3337
File #:
0203-10
CONTACT:
Sue Jessup 916-746-1107 [email protected]
6.3. Ferric Chloride (BACC 06-2024) - Contract Purchase Agreement Memo from Purchasing Supervisor Becky Philipps and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-154 APPROVING A CONTRACT
PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND KEMIRA WATER SOLUTIONS, INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003569). Staff requests Council approve a contract purchase agreement with Kemira Water Solutions, Inc. as the lowest responsive bidder for Bay Area Chemical Consortium Bid No. 06-2024 for the supply and delivery of Ferric Chloride for the Dry Creek Wastewater Treatment Plant and Pleasant Grove Wastewater Treatment Plant. The estimated annual cost is $645,000. Funding is included in the Environmental Utilities Department's proposed FY2024-25 budget in the Wastewater Operations Fund.
CC #:
3339
File #:
0203-03
CONTACT:
Becky Philipp 916-746-1110 [email protected]
6.4. Liquid Aluminum Sulfate (BACC 01-2024) - Contract Purchase Agreement Memo from Purchasing Supervisor Becky Philipps and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-161
APPROVING A CONTRACT
PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND CHEMTRADE CHEMICALS US, LLC, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003566).
Staff requests Council approval of a
contract purchase agreement with Chemtrade Chemicals US, LLC as the lowest responsive bidder for Bay Area Chemical Consortium Bid No. 01-2024 for the supply and delivery of liquid aluminum sulfate for the Environmental Utilities Water Treatment Plant. The annual cost is $168,060. Funding is included in the proposed FY2024-25 budget in the Water Operations Fund.
Staff requests authorization for three optional renewal years without further Council approval, pending Council’s approval of the yearly budget.
CC #:
3351
File #:
0203-03
CONTACT:
Becky Philipp 916-746-1110 [email protected]
6.5. Pineschi Park Play Structure Replacement Project - Contract Purchase Agreement
Memo from Park Planning & Development Manager Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-157 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
ROSS RECREATION EQUIPMENT COMPANY, INC. AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003589). Staff requests Council approve a c ontract purchase
agreement with Ross Recreation Equipment Company Inc. in the amount of $204,647.63 to purchase and install the play structure at Pineschi Park through a piggy-back agreement in order to realize the best costs for the equipment.
The
funding for this play structure replacement was approved by Council in FY2022- 23 from Highland Reserve North Community Facilities District No. 2 (Services District). There will be no General Fund impacts.
CC #:
3343
File #:
0704-01
CONTACT:
Tara Gee 916-774-5253 [email protected]
6.6. John Byouk Park Project - Award of Contract
Memo from the Park Development Project Manager Joel De Jong and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-155 APPROVING AN AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND ABIDE BUILDERS, INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council award the base bid and all additive alternatives for a total contract award amount of $2,247,000 to Abide Builders, Inc. This 8-acre park site is located adjacent to Rex Fortune Elementary School in the Sierra Vista Specific Plan area of Roseville, off of Upland Drive. Funding for construction of this park was initially included in the FY2021-22 Capital Improvement Project (CIP) budget in the
John Byouk Park - JM-50 Project
, with additional funds for construction
added in the FY2023-24 CIP budget. Maintenance costs will be approximately $16,000/acre/year and will be funded by the
Sierra Vista Community Facilities
District No. 2 (Public Services)
. There will be no General Fund impact.
CC #:
3341
File #:
0704-01
CONTACT:
Joel De Jong 916-774-5924 [email protected]
6.7. Microtransit Vans - Purchase Order and Budget Adjustment Memo from Assistant Transportation Planner Zachary Presley and Public Works Director Jason Shykowski recommending the City Council approve ORDINANCE NO. 6818 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a purchase order to A-Z Bus Sales in the amount of $2,429,666.64 for twelve (12) Ford E-Transit 350 vans. Staff also requests Council
approve a budget adjustment in the amount of $700,000 to align project funding to grant and local match funding for the procurement of Ford E-Transit 350 vans. Funding will come from federal Low/No Emissions grant funding in the amount of $560,000 of the purchase with $140,000 of local match funding coming from Local Transportation Funds. These projects will have no impact on the General Fund.
CC #:
3353
File #:
0721 & 0201-01
CONTACT:
Zach Presley 916-774-5365 [email protected]
6.8. Microtransit Van Fast Fare Boxes - Sole Source Purchase Order Memo from Assistant Transportation Planner Zachary Presley and Public Works Director Jason Sykowski recommending the City Council approve a sole source purchase order to Genfare, LLC in the amount of $262,610.13 for twelve (12) Fast fare boxes. Costs will be assigned between two grant-funded Alternative Transportation projects: the Purchase of Eight Replacement Dial-A-Ride Buses Project and the Microtransit Vehicles and Charger Purchase Project. There is no fiscal impact to the General Fund.
CC #:
3352
File #:
0721
CONTACT:
Zach Presley 916-774-5365 [email protected]
6.9. Building Control System Services - Sole Source Contract Purchase Agreement Memo from Administrative Technician Darci Carpenter and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-153 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
SACRAMENTO COOLING SYSTEMS, INC. DBA L&H AIRCO, LLC, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF
THE CITY OF ROSEVILLE
(3003623). Staff requests Council approve a
contract purchase agreement with L&H Airco, LLC, to provide maintenance, repair, installation of hardware, and for the software programming of Alerton Building Control Systems in the amount of $300,000. These control systems manage air conditioning and heating throughout the City's facilities. Additionally, staff requests authorization for up to four (4) optional one-year renewals of the sole source contract, pending sole source verification, without further Council approval, contingent upon the approval of the relevant budget for those fiscal years or until City staff determines that continuing with the same vendor is not in the City’s best interest. Funding for this agreement is included in the proposed FY2024-25 budget in the Facility Services Fund and Facility Rehabilitation Fund.
CC #:
3338
File #:
0203-04
CONTACT:
Darci Carpenter 916-774-5702 [email protected]
6.10. Zero Emission Bus Depot Project – Increase in Change Order Authority Memo from Project Supervisor Andre Baranov and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-167 APPROVING AN INCREASE IN CHANGE ORDER AUTHORITY.
Staff requests Council authorize an additional 5% change order authority (
$191,869.50)
for the Zero Emissions Bus Depot (ZEBD) located at the
Roseville Corporation Yard due to change orders needed to finalize the project that exceed the original authority, due to
changing project demands and additional
work discovered as part of the existing conditions. The project is funded with Local Transportation Funds, the Electric Fund, Air Quality Mitigation Funds, Low Carbon Transit Operations Program Grant monies, Placer County Air Pollution Control District Grant monies, and American Rescue Plan Act funding. No General Fund resource were used for the Project.
CC #:
3361
File #:
0900-04
CONTACT:
Andre Baranov 916-774-5342 [email protected]
6.11. Generator Repair - Sole Source Contract Purchase Agreement Memo from Preventative Maintenance Coordinator Blaine Wiegel and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-165 APPROVING A SOLE SOURCE
CONTRACT PURCHASE AGREEMENT, BETWEEN THE CITY OF
ROSEVILLE AND BAY CITY EQUIPMENT INDUSTRIES, INC. DBA BAY
CITY ELECTRIC WORKS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE.
Staff requests Council approval of a sole source contract purchase agreement with Bay City Equipment Industries Inc dba Bay City Electric Works in the amount of $200,000 per year, for up to five (5) years, for the control repair, parts replacement, and synchronization of emergency backup generators at the Dry Creek and Pleasant Grove Wastewater Treatment Plants. Funding will be provided from the annual approved Environmental Utilities Department's Wastewater Operations Fund budget.
CC #:
3358
File #:
0203-04
CONTACT:
Blaine Wiegel 916-746-1833 [email protected]
6.12. Dell Technology Equipment - Purchase Order
Memo from Client Services Supervisor Dylan Cook and Chief Information Officer Hong Sae recommending the City Council approve a purchase order utilizing the National Association of State Procurement Officials (NASPO) Dell Marketing L.P. contract #23004, with California Participating Addendum 7-23- 70-55-01, as a competitively bid contract to obtain the best pricing available for the City. The Information Technology Department maintains over 1,900 computers across the City to support important business functions. Regular and prompt replacement of aging computers and technology equipment is critical to ensure the effective and efficient operation of City business. The total estimated cost for this citywide technology purchase order is $800,000. Funding is included in the proposed FY2024-25 budget for the Information Technology Department and other departments in the Information Technology Operations Fund.
CC #:
3350
File #:
0203-06
CONTACT:
Dylan Cook 916-774-5159 [email protected]
6.13. Computers, Technology Equipment and Software - Purchase Order Increase Memo from Client Services Supervisor Dylan Cook and Chief Information Officer Hong Sae recommending the City Council approve
an increase to the
existing purchase order with CDW Government, LLC in the amount of $150,000 for the purchase of computers, technology equipment and software. The additional $150,000 will be used to complete the City's equipment renewal projects and purchase equipment through the end of the fiscal year. The recommended increase in authority for FY2023-24 is from $1,500,000 to $1,650,000. Funding is included in the FY2023-24 budget for the Information Technology Department and other departments in the Information Technology Operations Fund.
CC #:
3349
File #:
0203-06
CONTACT:
Dylan Cook 916-774-5159 [email protected]
6.14. Computer and Technology Equipment - Purchase Orders Memo from
Client Services Supervisor Dylan Cook and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 24-160 APPROVING PURCHASE ORDERS FOR THE PURCHASE OF
COMPUTER AND TECHNOLOGY EQUIPMENT.
Staff requests Council
approve purchase orders utilizing the Sourcewell CDW-G Technology Catalog Solutions contract #121923 and National IPA contract #2018011, as competitively bid contracts to obtain the best pricing available for the City. The Information Technology Department maintains over 1,900 computers, 1,500 mobile devices, 350 servers, 250 terabytes of data storage, 185 network switches and multiple cybersecurity equipment items across the City to support important business functions. Regular and prompt replacement of aging computers and technology equipment is critical to ensure the effective and efficient operations of City business. Both the Roseville Electric Utility and Environmental Utilities departments support and maintain industrial control systems which provide critical information for the output, status, and conditions of the distribution and generation operational environment. The total estimated costs for these citywide technology purchase orders is $2,300,000. Funding is included in the proposed FY2024-25 budgets for the Information Technology Department and other departments in the Information Technology Operations Fund for $1,500,000; for the Electric Department in the Electric Fund for $500,000; and for the Environmental Utilities Department in the Water and Wastewater Operations funds for $300,000.
CC #:
3348
File #:
0203-06
CONTACT:
Dylan Cook 916-774-5159 [email protected]
6.15. Technology Disaster Recovery Plan – Capital Improvement Project Approval, Contract Purchase Agreement, and Budget Adjustment
Memo from Assistant Information Technology Director Jesse Ravera and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 24-193 APPROVING A CONTRACT PURCHASE
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
GlassRatner Advisory & Capital Group LLC dba B. Riley and Advisory Services, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003700); and adopt ORDINANCE NO. 6821 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2023-24 BUDGET AND DECLARING THIS
ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests Council approval of the establishment of a new Capital Improvement Project – the Business Continuity and Disaster Recovery Plan and a contract purchase agreement with GlassRatner Advisory & Capital Group LLC dba B. Riley and Advisory Services to develop a comprehensive technology disaster recovery plan that aligns with the critical business needs of the City and provides the information necessary to minimize downtime and data loss. The total project cost is $178,093. Staff also requests Council approve a budget adjustment appropriating $178,093 of the City's allocation of American Rescue Plan Act (ARPA) funding in the Federal Stimulus Reserve - ARPA Fund to the Project for the development of this plan.
CC #:
3371
File #:
0203-06 & 0201-01
CONTACT:
Jesse Ravera 916-774-5125 [email protected]
Resolutions
6.16. Natural Gas for Roseville Electric - Gas Transaction Confirmation Memo from Power Supply and Portfolio Administrator Petra Wallace and Electric Utility Director Daniel Beans recommending City Council adopt RESOLUTION NO. 24-197 APPROVING A GAS TRANSACTION
CONFIRMATION, BY AND BETWEEN SHELL ENERGY NORTH
AMERICA (US) L.P. AND THE CITY OF ROSEVILLE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval to amend Roseville Electric’s Main Gas Supplier Agreement with Shell Energy North Marica L.P. (Shell) effective July 1, 2024, through May 31, 2025. This item also requests approval to exercise the option to extend the agreement for one additional year without any further City Council approval. The proposed changes in the Gas Transaction Confirmation will result in an estimated increase of $125,000 annually. Funding for these costs is included in the proposed FY2024-25 Electric Department budget in the Electric Fund.
CC #:
3376
File #:
0800-03
CONTACT:
Petra Wallace 916-774-5510 [email protected]
6.17. Payment Gateway and Processor Services - Professional Services Agreement Memo from Senior Utility Billing Analyst Kerri Crosby and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 24-164
APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND INVOICE CLOUD, INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve a professional services agreement with Invoice Cloud, Inc., for payment gateway and processor services with the option for two (2) additional one (1) year renewals without further Council approval. Funding for this agreement, totaling $550,000 in FY2024-25, is included in the Electric and Environmental Utilities Department proposed FY2024-25 budgets.
The agreement will be funded by
funds available in the Electric Fund ($275,000), Water Fund ($91,667), Wastewater Fund ($91.667) and Waste Services Fund ($91,666).
CC #:
3364
File #:
0800-03
CONTACT:
Kerri Crosby 916-746-1263 [email protected]
6.18. Power Management Services – Service Agreement
Memo from
Power Supply and Portfolio Administrator Petra Wallace and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 24-169 APPROVING A SERVICE AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND ALLIANCE FOR
COOPERATIVE ENERGY SERVICES POWER MARKETING LLC, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of a five-year agreement for power management services with Alliance for Cooperative Energy Services Power Marketing LLC (ACES), effective January 1, 2025 through December 31, 2029. The cost of ACES services is $1,170,000 for 2025, and for each subsequent year the cost will escalate by 3.5%. Funding for the services is included in the proposed FY2024-25 Electric Department budget in the Electric Fund. Funding for future years will be included in the Electric Department's respective budgets, and is contingent on City Council approval.
CC #:
3365
File #:
0800-03
CONTACT:
Petra Wallace 916-774-5510 [email protected]
6.19. Side Letter Agreements with Roseville Police Officers' Association Regarding Updates to the Uniform Provision, Double Overtime for Officer Volunteers on July 4th, Seniority Criteria, and Spousal Health Benefit Update Memo from Human Resources Director Stacey Peterson recommending the City Council adopt RESOLUTION NO. 24-191 APPROVING A SIDE
LETTER TO THE MEMORANDUM OF UNDERSTANDING FOR SWORN
EMPLOYEES REPRESENTED BY THE ROSEVILLE POLICE
OFFICERS’ ASSOCIATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-192 APPROVING A SIDE LETTER TO THE
MEMORANDUM OF UNDERSTANDING FOR SWORN EMPLOYEES
REPRESENTED BY THE ROSEVILLE POLICE OFFICERS’
ASSOCIATION, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council authorize the City Manager to approve side letter agreements with the Roseville Police Officers’ Association (RPOA) to address uniform allowance updates, provide double overtime to encourage volunteer coverage on July 4 th
to promote officer safety, revise the criteria for Police Officer Trainee seniority and address City administrative concerns with the spousal health benefit unique to the RPOA. The cost is estimated to be less than $10,000, which will be covered by the proposed FY2024-25 Police Department budget in the General Fund.
CC #:
3370
File #:
0600-01
CONTACT:
Stacey Peterson 916-774-5374 [email protected]
6.20. North Roseville Specific Plan Parcel DC-32 - Summary Vacation of Public Utility Easement and Pedestrian Easement
Memo from Associate Planner Escarlet Mar and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-194 ORDERING SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AND PEDESTRIAN EASEMENT AT 1601 OPAL
DRIVE. Staff requests Council approval to summarily vacate a 659-square-foot portion of the existing public utility easement and pedestrian easement at 1601 Opal Drive. There will be no fiscal impact to the City.
CC #:
3374
File #:
0400-04-07-1
CONTACT:
Escarlet Mar 916-774-5247 [email protected]
6.21. South Placer Regional Transportation Authority - Joint Exercise of Powers Agreement Amendment
Memo from Senior Engineer Mark Johnson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-168
APPROVING A FIRST AMENDMENT TO AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT REGARDING THE
SOUTH PLACER REGIONAL TRANSPORTATION AUTHORITY, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff has reviewed the proposed adjustments and concurs with the South Placer Regional Transportation Authority (SPRTA) recommendations and recommends Council approve an amendment to the Joint Exercise of Powers Agreement (JPA) to reflect the necessary adjustments.
California Assembly Bill 602 (AB 602), which became effective January 1, 2022, revised laws governing transportation impact fees. SPRTA staff has reviewed the current JPA in light of AB 602 and recommends adjustments to the current JPA to address legislative changes as well as current needs and practices.
The requested action has no fiscal impact to the City’s General Fund.
CC #:
3363
File #:
0721
CONTACT:
Mark Johnson 916-774-5481 [email protected]
Mike Isom 916-774-5527 [email protected]
6.22. Infill Parcel 014-183-029 – Summary Vacation of Public Utility Easement Memo from Senior Engineer Mark Johnson and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24- 196 ORDERING SUMMARY VACATION OF A PUBLIC UTILITY
EASEMENT AT 260 SOUTH HARDING BOULEVARD. Staff requests Council to approve to summarily vacate the existing public utility easement located on assessor’s parcel number 014-183-029 (Portion), at 260 South Harding Boulevard, and authorize the City Manager to execute any related documents necessary to facilitate the summary vacation.
These actions have no
fiscal impact to the City's General Fund.
CC #:
3375
File #:
1001-02
CONTACT:
Mark Johnson 916-774-5481 [email protected]
Mike Isom 916-774-5527 [email protected]
6.23. Solaire Phase 6 - Village 9 - Notice of Completion Memo from Construction Inspector
Matt Shields
and Development Services
Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-158 ACCEPTING THE PUBLIC WORK KNOWN AS SOLAIRE PHASE 6 – VILLAGE 9 PROJECT, APPROVING THE "NOTICE OF
COMPLETION", AND AUTHORIZING AND DIRECTING THE CITY
ENGINEER TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF
ROSEVILLE, THEREFORE, AND ACCEPTING ALL DEDICATIONS
OFFERED ON THE RECORDED MAP OF THE SUBDIVISION. The
Engineering Division has made final inspection of the project and has found the civil improvement work complete in accordance with the improvement plans and City specifications. This action has no impact to the City's General Fund.
Construction costs were paid by the developer.
CC #:
3346
File #:
0400-04-12-1
CONTACT:
Matt Shields 916-223-7109 [email protected]
6.24. Sun City Phase 3 Resurfacing Project - Road Maintenance and Rehabilitation Account Project Identification
Memo from Assistant Engineer Joseph Arino and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-166 ADOPTING THE SUN CITY PHASE 3 RESURFACING PROJECT
FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017. Local agencies are required to list all proposed projects scheduled to receive Senate Bill 1 (SB-1) funding by resolution prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds in a fiscal year.
This item identifies the
Sun City Phase 3 Resurfacing Project for use of the 2024-25 funding allotment. The project will repair damaged asphalt and apply a maintenance surface treatment to a portion of the Sun City neighborhood. The engineer’s estimate for Sun City Phase 3 is $5 million and will be funded by $3.9 million from the 2024-25 RMRA Fund (SB-1) and $1.1 million of remaining funds from the 2023-
24 RMRA apportionment
. Any remaining RMRA funding from this
fiscal year's allotment will be carried forward to next fiscal year at which point staff will identify the project upon which it will be spent. No General Fund resources will be used on this project.
CC #:
3360
File #:
0900-04-01
CONTACT:
Joe Arino
916-774-5460 [email protected]
6.25. Construction Resident Engineering and Inspection Services - On-Call Professional Services Agreement Amendments
Memo from Associate Engineer Nicolas Bumb and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-170 APPROVING A FIRST AMENDMENT TO ON-CALL
PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE
CITY OF ROSEVILLE AND GHIRARDELLI ASSOCIATES, INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-171
APPROVING A FIRST AMENDMENT TO ON-CALL PROFESSIONAL
SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND HDR CONSTRUCTION CONTROL CORPORATION,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON
BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-172 APPROVING A FIRST AMENDMENT TO ON-CALL
PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE
CITY OF ROSEVILLE AND MARK THOMAS & COMPANY, INC., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-173
APPROVING A FIRST AMENDMENT TO ON-CALL PROFESSIONAL
SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND PSOMAS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and
adopt
RESOLUTION NO. 24-174 APPROVING A FIRST AMENDMENT TO ON-
CALL PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND WSP USA, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE .
Staff requests approval of five amendments to On-Call Professional Services Agreements for construction resident engineering and inspection services.
The term
of the agreements is three years with the option of two additional one-year extensions.
The not-to-exceed fee for each agreement is being increased from $1,000,000 to $1,500,000 for the remaining year of their three-year term, and the not-to-exceed fee for each agreement each year the contract is extended is being increased from $1,000,000 to $1,500,000.
These contracts will be funded through
various approved Capital Improvement Program project budgets and allow City staff to complete more projects with existing staff resources.
CC #:
3366
File #:
0800-04
CONTACT:
Nicolas Bumb 916-746-1300 [email protected]
6.26. Blue Oaks Boulevard Bridge and Roadway Widening Project - Professional Design Services Agreement
Memo from Associate Engineer Nicolas Bumb and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-162 APPROVING A PROFESSIONAL DESIGN SERVICES
AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
MARK THOMAS & COMPANY, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE.
Staff requests Council approve a professional design services agreement with Mark Thomas & Company, Inc. for professional design, environmental permitting services, and bid and construction support for the Blue Oaks Boulevard Roadway and Bridge Widening Project. The project is expected to largely widen Blue Oaks Boulevard from 4 lanes at the bridge over Industrial Parkway to eight lanes from Washington Boulevard, over Industrial Avenue and the Union Pacific Railroad tracks, to Woodcreek Oaks Boulevard. The total contract amount of the agreement is $3,799,521. The project will be funded by Traffic Mitigation Fee Funds, General Fund FY2021-22 year-end surplus funds, and federal funds recently approved for the project by Congress.
CC #:
3355
File #:
0900-04-02
CONTACT:
Nicolas Bumb 916-746-1300 [email protected]
6.27. On-Call Architectural Services - On-Call Professional Design Services Agreement Amendment
Memo from Project Coordinator Lori Crittenden and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-156 APPROVING AN ON-CALL PROFESSIONAL DESIGN
SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND LIONAKIS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve the amendment of the professional design services agreement for on-call architectural services to Lionakis. The authorization amount for the initial term is not to exceed $1,250,000. The authorization for the first and second optional one-year renewals are not-to-exceed amounts of $500,000. Additionally, staff requests authorization for the City Manager or his designee to execute two (2) additional one (1) year renewals without further City Council approval. Work performed under these agreements will utilize capital rehabilitation funds and/or capital improvement project funds in the approved City budget.
CC #:
3342
File #:
0800-04
CONTACT:
Lori Crittenden 916-774-5707 [email protected]
6.28. Roseville Municipal Code - Bail Schedule Update
Memo from Paralegal Gretchen Hakala and City Attorney Michelle Sheidenberger recommending the City Council adopt RESOLUTION NO. 24- 159 REQUESTING THE PLACER COUNTY SUPERIOR COURT ADOPT
A BAIL SCHEDULE FOR MUNICIPAL CODE VIOLATIONS, AND
REPEALING RESOLUTION 15-421. Staff requests Council approve the
updated Roseville Municipal Code Bail Schedule.
The bail schedule serves as a
guideline to the Placer County Superior Court system for violations of the Roseville Municipal Code that are adjudicated by the court.
There is no impact to the General
Fund.
CC #:
3347
File #:
0323
CONTACT:
Gretchen Hakala 916-774-5325 [email protected]
6.29. City of Roseville Tickets and/or Passes Distribution Policy Update Memo from City Clerk Carmen Avalos and Assistant City Attorney Joe Speaker recommending the City Council adopt RESOLUTION NO. 24-
163 ADOPTING THE CITY OF ROSEVILLE TICKETS AND/OR PASSES DISTRIBUTON POLICY. Staff requests Council approve the City of Roseville Tickets and/or Passes Distribution Policy to be compliant with the California Fair Political Practices Commissions' standards. There is no fiscal impact associated with this request.
CC #:
3356
File #:
0503-02
CONTACT:
Carmen Avalos 916-774-5269 [email protected]
Ordinances (for introduction and first reading)
6.30. Roseville Municipal Code Amendment - Development Impact Fee Deferral Program
Memo from Economic Development Manager Wayne Wiley and Economic Development Director Melissa Anguiano recommending the City Council introduce for first reading an ordinance amending Section 4.04.040 of the Roseville Municipal Code to allow an extended deferral of City-controlled
development impact fees for affordable housing projects, for a maximum of one year past issuance of a certificate of occupancy or three years past issuance of the first building permit, whichever is earlier. The nonresidential fee deferral program will result in an increase in staff time. However, administrative processing fees and interest will be charged to cover these costs, resulting in a minimal fiscal impact on the General Fund.
CC #:
3373
File #:
0215
CONTACT:
Wayne Wiley 916-774-5283 [email protected]
Ordinances (for introduction and adoption - appropriation/urgency measures)
6.31. Permit Center Remodel Construction Project – Capital Improvement Project Approval and Budget Adjustment
Memo from Project Coordinator Lori Crittenden and Public Works Director Jason Shykowski recommending the City Council adopt ORDINANCE NO. 6819 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR
2023-24 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council authorize the establishment of a new Capital Improvement Project, the Permit Center Remodel Construction Project ("Project"), and approve a budget adjustment appropriating $1,000,000 from the General Fund Capital Reserve Fund to the Project for remodel of the Permit Center lobby including design, construction, and security upgrades. Funding for the Project will come from available resources in the General Fund Capitol Reserve Fund.
CC #:
3359
File #:
0900-04 & 0201-01
CONTACT:
Lori Crittenden 916-774-5707 [email protected]
6.32. Aquifer Storage and Recovery Wells Design Project - Professional Design Services Agreement Amendment and Budget Adjustment
Memo from Principal Engineer Janice Gainey and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-151 APPROVING A SECOND AMENDMENT TO PROFESSIONAL
DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND CAROLLO ENGINEERS, INC., AND AUTHORIZING
THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6817
AUTHORIZING CERTAIN
AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND DECLARING
THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests Council approval of a second amendment to the professional design services agreement with Carollo Engineers, Inc. for the Aquifer Storage and Recovery Wells Design Project in the amount of $1,771,086. The amendment will increase the total not-to-exceed amount from $4,597,947 to
$6,369,033. Staff also requests approval of a budget adjustment of $1,846,086 from the Water Construction Fund to fund the amendment and additional staff time.
CC #:
3336
File #:
0900-02 & 0201-01
CONTACT:
Janice Gainey 916-774-5535 [email protected]
Ordinances (for second reading and adoption)
6.33. Second Reading - Roseville Municipal Code Amendment - Solar Buyback Rate ORDINANCE NO. 6820 AMENDING SECTION 14.24.051 OF THE
ROSEVILLE MUNICIPAL CODE REGARDING ELECTRICAL ENERGY,
for second reading and adoption. Edits to the first reading of the Roseville Municipal Code are included to reflect the effective date of the proposed change as well as a correction to reflect previously adopted edits concerning effective dates.
CC #:
3362
File #:
0800-03
CONTACT:
Joanna Cucchi 916-746-1609 [email protected]
Reports / Requests
6.34. HOUSING AUTHORITY/CITY COUNCIL - Quarterly Status Update 1st Quarter 2024
Memo from Housing Analyst Danielle O’Connell and Economic Development Director Melissa Anguiano recommending the City Council receive a quarterly report on the Housing Authority’s Housing Choice Voucher Program. This report is for informational purposes only and has no impact on the City's General Fund.
CC #:
3340
File #:
0709-01
CONTACT:
Danielle O’Connell 916-774-5277 [email protected] Suzi Cook-Turner 916-774-5414 [email protected] Trisha Isom 916-746-1239 [email protected]
6.35. Annual Comprehensive Financial Report and Other Audit Reports for the Fiscal Year Ended June 30, 2023
Memo from Accounting Manager Teri Quinlan and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council receive five informational financial reports for the fiscal year ended June 30, 2023, along with four required auditor communication letters. There is no impact to the City's General Fund.
CC #:
3368
File #:
0202-01
CONTACT:
Teri Quinlan 916-774-5316 [email protected]
6.36. Roseville Conference Center Hotels - Parcel Map
Memo from Associate Engineer Edward Winston and Development Services Director Mike Isom recommending the City Council approve the Roseville Conference Center Hotels parcel map. Engineering has completed its review of the parcel map and found that it is in compliance with the approved tentative map. This map will create 3 lots for future commercial development. The actions requested have no fiscal impact to the City's General Fund.
CC #:
3345
File #:
0400-07 & 0400-04-04-02
CONTACT:
Edward Winston 916-774-5432 [email protected]
6.37. 2024 Electric Utility Wildfire Mitigation Plan
Memo from Assistant Electric Utility Director Tom Pontes and Electric Utility Director Daniel Beans recommending the City Council approve the 2024 Electric Utility Wildfire Mitigation Plan and related Independent Evaluator's Report. The Wildfire Mitigation Plan offers a comprehensive overview of the electric utility's efforts to minimize the risks associated with the ignition of wildfires. There is no fiscal impact associated with the approval of this item.
CC #:
3354
File #:
0800-03
CONTACT:
Tom Pontes 916-774-5550 [email protected]
END OF CONSENT CALENDAR
7. ORDINANCES
7.1. Youth Development Program Funding Policy and Budget Adjustment Memo from Recreation Manager Jeff Nereson and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-198
APPROVING THE YOUTH DEVELOPMENT
PROGRAM FUNDING POLICY
; and adopt ORDINANCE NO. 6822
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023- 24 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE.
Staff
requests Council
approve
the Youth Development Program Funding Policy
allowing for support to the Youth Development Fund from the General Fund for expenses including losses incurred by subsidized programs, all Adventure Club building related expenses, and certain administrative costs, as needed. Staff also recommends
approval of a budget adjustment to appropriate $809,000 of General Fund resources, from the FY2023-23 year-end budget surplus, needed to appropriately maintain the City-owned 21 Adventure Club buildings.
CC #:
3377
File #:
0704
CONTACT:
Jeff Nereson 916-774-5974 [email protected]
8. SPECIAL REQUESTS/REPORTS/PRESENTATION
8.1. Fiscal Year 2024-25 Grants Advisory Commission Funding Recommendations Memo from Management Analyst Tobi Thomas and Assistant City Manager Dion Louthan recommending the City Council receive a presentation on the Grants Advisory Commission funding recommendations for the FY2024-25 Citizens Benefit Fund, American Rescue Plan Act and Roseville Employees Annual Charitable Hearts Fund applications and approve the Grants Advisory Commission recommendations to fund twenty-three (23) grant applications in the amount of $255,270 from the Citizens' Benefit Fund, $356,000 from American Rescue Plan Act funds and $10,000 from the Roseville Employees Annual Charitable Hearts Fund and authorize the City Manager to sign the grant agreements. The combined grant awards, totaling $621,270, have been included in the proposed FY2024-25 budget. There is no General Fund impact for this item.
CC #:
3335
File #:
0103-34-02
CONTACT:
Tobi Thomas 916-746-1368 [email protected]
Trisha Isom 916-746-1239 [email protected]
8.2. Proposed Council Compensation Charter Amendment Language Memo from Assistant City Attorney Joe Speaker and City Attorney Michelle Sheidenberger requesting the City Council provide direction to staff on proposed language for a Charter amendment related to changing City Council compensation. There is no fiscal impact associated with this request for direction, however any Charter amendment would have General Fund costs associated with the General Election process and any increased compensation costs, if approved.
CC #:
3344
File #:
0102
CONTACT:
Joseph Speaker
916-774-5325
[email protected]
9. APPOINTMENTS
9.1. Board of Appeals - Unscheduled Vacancy Appointments Memo from City Clerk Technician Katrina Six and City Clerk Carmen Avalos recommending the City Council appoint one (1) individual to the Board of Appeals to a term expiring December 31, 2024 from the applications received from: Nick Busse, Carol Drebin, Mary Griffith, Sharon Lawin, Robert Powell, Louise Santiago, Austin Scates, Jay Shergill, and Franklin Tilley.
CC #:
3379
File #:
0103 & 0103-41-03
CONTACT:
Katrina Six 916-774-5267 [email protected]
10. PUBLIC HEARING
NOTICE TO THE PUBLIC
City Council, when considering the matter scheduled for hearing, will take the following actions:
1. 2.
3. 4.
5. 6.
7. 8.
Open the Public Hearing
Presentation by Staff
Presentation by applicant or Appellant
Accept Public Testimony
Appellant or Applicant Rebuttal Period
Close the Public Hearing
City Council Comments and Questions
City Council Action
In the future, if you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you, or someone else raised orally at the Public Hearing or in written correspondence received by the City on or before the hearing.
Public Hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuation.
10.1. Fiscal Year 2024/25 Landscaping and Lighting District Assessments - Amending and/or Approving the Engineer's Annual Levy Report, Ordering the Levy and Collection of Assessments
Memo from Management Analyst Jeannine Thrash and Assistant City Manager/Chief Financial Officer recommending the City Council adopt RESOLUTION NO. 24-175 AMENDING AND/OR APPROVING THE
ENGINEER’S ANNUAL LEVY REPORT FOR THE HISTORIC DISTRICT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-176 ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN THE HISTORIC DISTRICT
LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR
2024/2025; and adopt RESOLUTION NO. 24-177 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR THE
INFILL AREA LANDSCAPING AND LIGHTING DISTRICT, FISCAL
YEAR 2024/2025; and adopt RESOLUTION NO. 24-178 ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE INFILL
AREA LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-179 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR
JOHNSON RANCH LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-180 ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE JOHNSON
RANCH LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-181 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR THE
NORTH CENTRAL ROSEVILLE SPECIFIC PLAN LANDSCAPING AND
LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt
RESOLUTION NO. 24-182 ORDERING THE LEVY AND COLLECTION
OF ASSESSMENTS WITHIN THE NORTH CENTRAL ROSEVILLE
SPECIFIC PLAN LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-183 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR
NORTHWEST ROSEVILLE SPECIFIC PLAN LANDSCAPING AND
LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt
RESOLUTION NO. 24-184 ORDERING THE LEVY AND COLLECTION
OF ASSESSMENTS WITHIN THE NORTHWEST ROSEVILLE
SPECIFIC PLAN LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-185 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR
OLYMPUS POINTE LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-186 ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE OLYMPUS
POINTE LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL
YEAR 2024/2025; and adopt RESOLUTION NO. 24-187 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR
THE RIVERSIDE AVENUE LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-188
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
THE RIVERSIDE AVENUE LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24-189 AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY
REPORT FOR THE VERNON STREET LANDSCAPING AND LIGHTING
DISTRICT, FISCAL YEAR 2024/2025; and adopt RESOLUTION NO. 24- 190 ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE VERNON STREET LANDSCAPING AND LIGHTING
DISTRICT, FOR FISCAL YEAR 2024/2025. Staff requests Council adopt resolutions approving the engineer's annual levy reports for fiscal year 2024- 2025 and ordering the levy and collection of assessments within the described Landscaping and Lighting Districts (individually "LLD" collectively "LLDs").
These LLDs were formed within the City to levy and collect assessments for maintenance of public improvements pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code, Sections 22500, et seq., and Article XIII D of the California Constitution. All charges are needed to fund landscape services in each LLD. There is no fiscal impact to the General Fund.
CC #:
3367
File #:
0203-08-01
CONTACT:
Jeannine Thrash 916-774-5473 [email protected]
Dennis Kauffman 916-774-5313 [email protected]
10.2. Zoning and Subdivision Ordinance Updates
Memo from Associate Planner Eric Singer and Development Services Director Mike Isom recommending the City Council adopt the two findings of fact and introduce for first reading an ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING ZONING ORDINANCE CHAPTERS 19.08,
19.10, 19.12, 19.22, 19.28, 19.60, 19.80, AND 19.95 OF TITLE 19 OF THE
ROSEVILLE MUNICIPAL CODE REGARDING RESIDENTIAL
DEVELOPMENT STANDARDS, PERMITTED COMMERCIAL USES,
ACCESSORY STRUCTURES, DENSITY BONUS REGULATIONS,
ACCESSORY DWELLING UNITS, APPEALS, AND DEFINITIONS OF
TERMS AND PHRASES; and introduce for first reading the ORDINANCE OF
THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING
SUBDIVISION ORDINANCE CHAPTER 18.05 OF TITLE 18 OF THE
ROSEVILLE MUNICIPAL CODE REGARDING MINISTERIAL
MULTIFAMILY MAPS.
The project is an annual update to the Roseville Municipal Code Title 18 (Subdivision Ordinance) and Title 19 (Zoning Ordinance) in response to state legislation passed in 2023 and to make minor corrections and maintenance updates. The project includes amendments to the following Zoning Ordinance sections: Section 19.12.020 (Permitted Use Types) to add hydrogen fuel stations to the permitted uses table, remove the requirement for a Conditional Use Permit for electric vehicle charging stations, and create a new definition for hydrogen fuel stations in Section 19.08.090 (Commercial Use Types) pursuant to state law; Section 19.10.030 (Residential Zone General Development Standards) to add table notes limiting the number of units permitted on a parcel created through a ministerial mapping process, pursuant to state law; Section 19.22.030 (Accessory Structures) to reduce the setback for fences located in street side yards adjacent to key lots from ten feet down to five feet from back of sidewalk and create a new definition for a clear vision triangle adjacent to residential driveways in Section 19.95.030 (Definitions of Terms and Phrases); Chapter 19.28 (Residential Density Bonus) to incorporate changes to residential density bonuses per changes to state law; Sections 19.60.060 and 19.60.070 (Accessory Dwelling Units) to modify the language for evaluating the appearance of Accessory Dwelling Units to reflect objective design standards; Chapter 19.60 (Accessory Dwelling Units) to update all Government Code references; and Chapter 19.80 (Appeals) to detail the process regarding an appellant’s failure to appear for an appeal. The project also includes amendments to the following Subdivision Ordinance sections: Chapter 18.05 (Tentative Map Applications – Ministerial) to create a process for review and approval of Ministerial Multifamily Maps of 10 lots or fewer. The amendments to the Subdivision Ordinance are to reflect changes in state law (Senate Bill 684). The ordinance amendments will have no impact on the City's General Fund.
CC #:
3369
File #:
0400-02 & 0400-03
CONTACT:
Eric Singer 916-774-5536 [email protected]
11. COUNCIL REPORTS / PUBLIC COMMENTS
12. ADJOURNMENT
COUNCIL COMMUNICATION
CC #:
3378
File #:
0102-03
Title:
Minutes of Prior Meetings
Contact:
Melissa Lipp 916-774-5268 [email protected]
Meeting Date: 6/5/2024
Item #: 6.1.
RECOMMENDATION TO COUNCIL
Approve the minutes of the minutes of the May 1, 2024 City Council Closed Session and City Council Meeting and March 15, 2024 City Council Closed Session and City Council Meeting.
BACKGROUND
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this request.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The City Council minutes are not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Respectfully Submitted,
Melissa Lipp, City Clerk Technician
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
May 1, 2024 City Council Closed Session Minutes
May 1, 2024 City Council Minutes
May 15, 2024 City Council Closed Session Minutes
May 15, 2024 City Council Minutes
COUNCIL COMMUNICATION
CC #:
3337
File #:
0203-10
Title:
Basketball Court Renovations (RFQ 10-3381) - Contract Purchase Agreement Contact:
Sue Jessup 916-746-1107 [email protected]
Meeting Date: 6/5/2024
Item #: 6.2.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a contract purchase agreement (3003645) with TJR Resources, Inc., and authorize the City Manager to execute the agreement on behalf of the City of Roseville. Additionally, staff recommends Council approve change order authority for a 10% contingency.
BACKGROUND
As part of the City’s commitment to provide a safe and useable park experience, the Parks, Recreation & Libraries Department (PRL) must repair and/or replace older park features. Staff recommends renovating and repairing the basketball court surfaces at Maidu Park, Elliot Park, and Woodbridge Park to ensure a safe and enjoyable experience for our residents.
The basketball courts needing repair have developed large cracks, creating an uneven playing surface causing safety hazards. The cracks also allow water to penetrate below the concrete resulting in greater surface separation. Not repairing the identified sites will ultimately lead to non- usability and accelerate the destruction of play surfaces.
A formal bid was issued with the following responses:
Bidder
Grand Total
TJR Resources, Inc.
$366,750.00
Rancho Cordova, CA
Imagecon, Inc. $508,122.00 Sacramento, CA
The vendors were asked to quote a total of 4 basketball court renovations; however, the City has elected to replace 3 basketball courts at this time. Therefore, the recommended award amount is less than the bid amount.
FISCAL IMPACT
The total amount for the renovations is $268,000. A 10% contingency will bring the total contract authority to a not-to-exceed amount of $294,800. Funding is included in the Basketball Court Replacement project in the Parks, Recreation and Libraries Capital Projects Fund.
ENVIRONMENTAL REVIEW
The proposed project involves the repair of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Sue Jessup, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-152
Signed CPA
CEQA Exemption
RESOLUTION NO. 24-152
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND TJR RESOURCES, INC. AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3003645) for basketball court renovations at Maidu Park, Elliot Park, and Woodbridge Park, by and between the City of Roseville and TJR Resources, Inc., has been reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to approve change orders, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract amount.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3003645
Agreement 3003645
Agreement Date 25-APR-2024
Revision 0
Agreement Amount 268,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier TJR Resources Inc
PO Box 637
Rancho Cordova, CA 95741
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
()
()
Description of
Labor,
equipment
and/or materials
VENDOR SHALL PROVIDE BASKETBALL COURT RENOVATION LABOR,
EQUIPMENT AND SERVICES AT THE MAIDU PARK, ELLIOT PARK AND
WOODBRIDGE PARK IN ACCORDANCE WITH ALL TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS, AND ADDENDA OF RFQ 10-3381.
START DATE: EXECUTED AGREEMENT
END DATE: UPON FINAL PAYMENT
CONTACT THE FOLLOWING STAFF IN THE PARKS, RECREATION AND LIBRARIES DEPARTMENT FOR QUESTIONS REGARDING THIS AGREEMENT:
ALEXIS PRIEST AT (916) 746-1588 OR [email protected] KELLY APPIER AT (916) 774-5927 OR [email protected] Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 14355 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
Sue Jessup Phone 1-916-746-1107
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 [email protected]
Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: RFQ 10-3381 Basketball Court Renovations
Project Location(s): Maidu Park, 1 550 Maidu Drive, Roseville CA 95661 (APN 469- 020-004-000), Elliott Park, 1421 Cushendall Dr ive, Roseville, CA 95747 (APN 017-390- 021-000), and Woodbridge Park, 415 Sierra Boulevard, Roseville, CA 956 78 (APN 011- 170-004-000)
Project Description : The project would approve a contract for the repair of aging basketball courts at Maidu Park, Elliot Pa rk, and Woodbridge Park. The basketball courts have developed large cracks , which create an uneven playing surface causing safety hazards. The cracks also allow water to penetrate below the concrete resulting in greater surface separation. Not repairing the identified site amenities will ultimately lead to non-usability and accelerating the destruction of play surfaces . The renovation will replace the existing outdoor basketball court surfaces so that they provide safe playing surfaces. All work will oc cur within the existing foot print of the basketball courts, and there are no environmentally sensitive resources located onsite.
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project : City of Roseville Parks, Recreation and Libraries Department
Reason why this Project is Exempt: This project qualifies for a Class 1 E xemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 1 consists of the….repair…of existi ng public or private structures, facilities… involving negligible or no expansion of existing or former use…”
The project is a repair of the existing basketball cour ts at Maidu Park, Elliot Park, and Woodbridge Park and would not expand use beyond existing l evels. Furthermore, n o environmentally sensitive resources are loc ated within the project sit es; therefore, the Class 1 Exemption is applicable to the proposed project.
Lead Agency Contact Person : Kelly Appier , Parks, Recreation and Libraries Department, 316 Vernon Street, Roseville, CA 95678. (916) 774-5927
Signature: Date: 4/25/2024
Jessica Lynch, Environmental Coordinator
City of Roseville
COUNCIL COMMUNICATION
CC #:
3339
File #:
0203-03
Title:
Ferric Chloride (BACC 06-2024) - Contract Purchase Agreement Contact:
Becky Philipp 916-746-1110 [email protected]
Meeting Date: 6/5/2024
Item #: 6.3.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a contract purchase agreement (3003569) with Kemira Water Solutions as the lowest responsive bidder for Bay Area Chemical Consortium (BACC) Bid No. 06-2024 for the supply and delivery of Ferric Chloride for the Dry Creek Wastewater Treatment Plant and Pleasant Grove Wastewater Treatment Plant and authorize the City Manager to execute it on behalf of the City of Roseville.
The bid allowed for three optional renewal years at one-year intervals. Staff requests authorization to continue utilizing the remaining optional renewal years of the bid contract without further Council approval, provided that the applicable budget is approved by the City Council each year, until the contract expires or until City staff determines that continuing with the same vendor is not in the City's best interest.
BACKGROUND
The Environmental Utilities Department's Dry Creek Wastewater Treatment Plant and Pleasant Grove Wastewater Treatment Plant have an ongoing requirement for ferric chloride which is used to treat digesting sludge to reduce the amount of hydrogen sulfide gas produced during the digestion process. This chemical will be purchased as needed throughout the year.
In January 2024, the City participated in a regional chemical bid led by the Bay Area Chemical Consortium (BACC), with the Bay Area Clean Water Agency serving as the coordinating agency.
BACC is comprised of water and wastewater agencies in the Northern California area, working together to purchase chemicals by combining bid solicitations. BACC is an informal cooperative that advertises and opens sealed competitive bids and then prepares bid recommendations.
Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products.
Because more than 50 public agencies are now participating, significant savings for chemical purchases are being passed along to the agencies' water and wastewater customers.
FISCAL IMPACT
The estimated annual cost is $645,000. Funding is included in the Environmental Utilities Department's proposed FY2024-25 budget in the Wastewater Operations Fund. Projected spending for the optional renewal years is as follows: FY2025-26, $678,000; FY2026-27, $712,000; FY2027-28, $748,000.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15061 (b )(3)). The hauling and delivery of hazardous substances is regulated by the state.
Hazardous material transport consistent with applicable safety regulations should not result in a significant environmental effect. Therefore, the proposed contract purchase agreement does not include the potential for significant environmental effect and is not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Becky Philipp, Purchasing Supervisor
Dennis Kauffman, Assistant City Manager/Chief Financial Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-154
Contract Purchase Agreement
RESOLUTION NO. 24-154
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND KEMIRA WATER SOLUTIONS, INC., AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3003569) for ferric chloride, by and between the City of Roseville and Kemira Water Solutions, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute three (3) additional one (1) year renewal without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3003569
Supplier Details:
Company Kemira Water Solutions Inc
Contact Christina Imbrogno
Address 4321 W 6th Street
Lawrence, KS 66049
Submit your response to:
Company City of Roseville
Contact "Becky" Rebecca Philipp
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1110
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.
Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.
The following guidelines must be followed for the signature block on the agreement:
Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.
Insurance requirements:
The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
Agreement 3003569
Agreement Date 22-APR-2024
Change Order 1
Change Order Date 22-APR-2024
Revision 0
Agreement Amount 645,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Kemira Water Solutions Inc
4321 W 6th Street
Lawrence, KS 66049
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
(785) 842-7424
()
[email protected]
Description of
Labor,
equipment
and/or materials
VENDOR SHALL SUPPLY AND DELIVER FERRIC CHLORIDE ON AN AS-NEEDED BASIS AT A COST OF $1,499.00 PER DRY TON IN ACCORDANCE WITH ALL
SPECIFICATIONS, TERMS AND CONDITIONS, AND ATTACHMENTS OF BACC BID NO. 06-2024. DELIVERIES TO BE MADE MONDAY - FRIDAY BETWEEN THE HOURS OF 7:00AM-3:00PM.
START DATE: UPON EXECUTED AGREEMENT
END DATE: 6/30/25
PLEASE CONTACT JASON FICK IN THE ENVIRONMENTAL UTILITIES DEPARTMENT AT 916-746-1940 OR [email protected] FOR QUESTIONS REGARDING THIS CONTRACT.
*Total cost listed below is an approximation only. The City does not guarantee whatsoever the actual value of this agreement.
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 15250 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
"Becky" Rebecca Philipp Phone 1-916-746-1110
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.
2 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
Contract Terms and Conditions
1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.
3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.
4. Time is of the essence of this Agreement.
5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Contractor is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Contractor shall be entitled to all costs reasonably incurred prior to the date of termination. Contractor acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.
6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.
7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.
8. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.
9. All fair employment practices must be adhered to. In addition, if the project referenced on this service agreement is a Public Works project, all prevailing wage laws must be complied with. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir. ca.gov/dlsr/DPreWageDetermination.htm. In compliance with Labor Code Section 1773.2, as may be amended from time to time, Contractor shall cause a copy of this website to be posted at each jobsite, as applicable.
10. Contractor agrees to the below insurance requirements:
a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage.
b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management 3 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
and the City Attorney.
c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be:
(1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
d. Cancellation/Modification. Contractor shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.
Additionally, Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors. i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.
11. Contractor shall comply with all federal, state, and local laws and ordinances, including 4 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
but not limited to the City's storm water regulations, as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. Refer to www.roseville. ca.us/stormwater for links to more information on the City's storm water regulations.
12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.
13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original hereof.
14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.
18. If the project referenced on this agreement is a Public Works project, then the following shall apply: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
19. Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 lbs. and light- duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions and air pollutants. For more information, visit the CARB Advanced Clean Fleet webpage at https://ww2.arb.ca. gov/our-work/programs/advanced-clean-fleets.
20. Contractor/consultant's duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant's participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
21. If the project referenced on this agreement is a Public Works project, then the following 5 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
shall apply: Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. Each such claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the claim. All claims must be received prior to acceptance of the work.
22. Contractor certifies that Contractor, its employees, directors, officers, agents, subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension, or ineligibility by any federal, state, or local department or agency.
23. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to a Proceeding before the City of Roseville that involves any action or consideration related to their contract, license, permit, or other entitlement for use, to disclose any campaign contributions made to City elected or appointed officers totaling more than $250 within the twelve (12) months prior to the City decision and while a proceeding is pending, and includes certain prohibitions on contribution activity thereafter. If applicable campaign contributions have been made by Contractor and/or its agent(s), Contractor is responsible for compliance, including for its disclosure obligations, if any, as further described at: https://www.roseville.ca.
us/government/departments/city_clerk/transparency/levine_act.
24. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.
25. CONTRACTOR agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONTRACTOR and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONTRACTOR and CITY agree that: (a) CONTRACTOR is free from the control and direction of CITY in connection with the performance of the work; (b) CONTRACTOR is providing services directly to CITY; (c) CONTRACTOR has and will maintain at all relevant times a business license; (d) CONTRACTOR maintains a business location that is separate from CITY; (e) CONTRACTOR is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONTRACTOR actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (h) CONTRACTOR provides its own tools, vehicles, and equipment to perform the services; (i) CONTRACTOR has negotiated its own rates; (j) CONTRACTOR set its own hours and location of work in accomplishing CITY's on-call needs; and (k) CONTRACTOR has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.
Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _______________________________________________ Check mark the applicable company type below:
___________ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
6 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 n/a
X
n/a
00846746
Contract Purchase Agreement 3003569
City Reserves the right to withhold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.
General T&C
REV 3/21/24 JS
7 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
ATTACHMENT A
HUMAN RESOURCES/RISK MANAGEMENT DIVISION
INSURANCE REQUIREMENTS
AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):
Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
8 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:__X__
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.
How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX. Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.
Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202
9 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Contract Purchase Agreement 3003569
CALIFORNIA AIR RESOURCES BOARD REGULATION COMPLIANCE
Please indicate whether the Contractor is subject to, and/or in compliance with, the following regulations of the California Air Resources Board.
In-Use Off-Road Diesel-Fueled Fleets Regulation
1) Will vehicles subject to Cal. Code Regs., tit. 13, §§ 2449 et seq. be used for the project? This includes, but is not limited to:
a) Vehicles with a diesel-fueled or alternative diesel fueled off-road compression- ignition engine with maximum power (max hp) of 25 horsepower (hp) or greater provided that the vehicle cannot be registered and driven safely on-road or was not designed to be driven on-road, even if it has been modified so that it can be driven safely on-road
b) Workover rigs
c) Certain two-engine vehicles
Yes ____ No ____
2) If you answered "Yes" to 1), you must submit a valid Certificate of Reported Compliance to the City as provided in Cal. Code Regs., tit. 13, § 2449(n).
Advanced Clean Fleets Regulation
Pursuant to Cal. Code Regs., tit. 13, § 2013(i)(1), the Contractor shall submit to the City a document evidencing that it is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet OR a signed statement stating that it is not subject to the High Priority and Federal Fleets regulation of title 13, CCR section 2015 through 2015.6.
The High Priority Fleets regulation applies to, without limitation, entities with more than $50 million in gross annual revenues and/or which own, operate, or direct the operation of 50 or more vehicles in the total fleet.
1) Is the Contractor subject to the High Priority and Federal Fleets regulation of title 13, CCR section 2015 through 2015.6?
Yes ____ No ____
2) If you answered "Yes" to 1), you must submit a document evidencing that you are listed on the CARB Advanced Clean Fleets webpage as a compliant fleet.
Signature: _____________________________
Title: __________________________________
CARB Compliance
Rev 2/15/24 MC
10 DocuSign Envelope ID: E2255061-08DB-4EDA-A4B7-D7E2B9A0FE73 N/Ax
N/A x
Commercial Support Manager
Contract Purchase Agreement 3003569
Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 11 DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 Commercial Support Manager
Commercial Support Specialist
4/23/2024
Christina Imbrogno
GAYLA WALKER
4/30/2024
DocuSign Envelope ID: 4749B558-6FCA-43A5-91D4-B595639FE9FA
April, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Vendor:
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more you must report to the City of Roseville your compliance with economic sanctions including steps you have taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine.
Sincerely,
4/25/2022
Shannon Wiest
City of Roseville
Purchasing and Warehouse Manager
DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 KEMIRA WATER SOLUTIONS, INC.
CERTIFICATE OF THE SECRETARY
As of July 27, 2023
The undersigned, Susan B. Radcliffe, hereby certifies that she is the duly elected, qualified and acting Vice President and Secretary of Kemira Water Solutions, Inc., a Delaware corporation (the “Corporation”), and the undersigned hereby further certifies that:
1. As of the date hereof, the persons named below are the duly elected and qualified officers of the Corporation holding the offices set forth opposite their respective names:
Officers Title
Michael Cavallero President
Paul Kimberling Vice President, Finance & Accounting, Americas Manuel Moreau Vice President, Manufacturing and Logistics, Coag, I&W, NA Kelly Forrester Vice President, Supply Chain Management, Americas Michael Clark Vice President, R&D and Technology, Americas Jackie Whitehead Director, Human Resources, Americas Kasthuri Ramkumar Treasurer
Jeremy Buttram Assistant Treasurer
Susan B. Radcliffe Vice President & Secretary Adisty Wilson Assistant Secretary
2. Attached hereto as Exhibit A is a true and correct copy from the resolutions adopted by the Board of Directors of the Corporation by Unanimous Written Consent of the Board of Directors in Lieu of Annual Meeting, dated September 1, 2022, which resolutions have not been in any way amended, modified, revoked or rescinded since their adoption and remain in full force a nd effect as of the date hereof.
3. Attached hereto as Exhibit B is a true and correct copy of the resolutions adopted by the Board of Directors of the Corporation by Unanimous Written Consent of the Board of Directors in Lieu of a Special Meeting, dated February 1, 2023, which resolutions have not been in any way amended, modified, revoked or rescinded since their adoption and remain in full force a nd effect as of the date hereof.
4. Attached hereto as Exhibit C is a true and correct copy of the resolutions adopted by the Board of Directors of the Corporation by Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting, dated May 1, 2023, which resolutions have not been in any way amended, modified, revoked or rescinded since their adoption and remain in full force and effect as of the date hereof.
[Signature page follows]
DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the Secretary as of the date first written above.
____________________________
Susan B. Radcliffe
Vice President and Secretary
DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 A-1
EXHIBIT A
Resolutions adopted by Unanimous Written Consent of the Board of Directors in Lieu of Annual Meeting, dated September 1, 2022
Removal and Appointment of Officers
RESOLVED, that all of the officers appointed by the Board prior to the date hereof is hereby removed from their respective offices;
FURTHER RESOLVED, that the following named persons be, and hereby are, elected to the offices of th e Corporation opposite their respective names, each to serve until his/her successor is duly elected and qualified or his/her earlier resignation or removal:
Name Title
Michael Cavallero President
Paul Kimberling Vice President, Finance & Accounting, Americas Manuel Moreau Vice President, Manufacturing and Logistics, Coag, I&W Kelly Forrester Vice President, Supply Chain Management, Americas Michael Clark Vice President, R&D and Technology, Americas Jackie Whitehead Director, Human Resources, Americas Kasthuri Ramkumar Treasurer
Susan B. Radcliffe Vice President & Secretary Robert L. Turner, IV Assistant Secretary
Signature Authority
FURTHER RESOLVED , that effective as of the date hereof, Christina Imbrogno (“Imbrogno”) and Gayla Walker (“Walker”) as authorized persons, are hereby authorized, empowered and directed, by and on behalf of the Corporation to execute and deliver in the name and on behalf of the Corporation product bids and product contracts for the sale of inorganic coagulants to municipal customers and advanced water treatment customers for the Industry and Water Segment, excluding industrial customers for oil and gas applications.
DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 B-1
EXHIBIT B
Resolutions adopted by Unanimous Written Consent of the Board of Directors in Lieu of a Special Meeting, dated February 1, 2023
Appointment of Officer
RESOLVED, that effective as of February 1, 2023, Jeremy Buttram (“Buttram”) be, and hereby is appointed as Assistant Treasurer of the Corporation to serve until his successor is duly elected and qualified or his earlier resignation or removal; and
DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2 C-1
EXHIBIT C
Resolutions adopted by Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting, dated May 1, 2023
Resignation
NOW, THEREFORE, BE IT RESOLVED, that effective as of May 4, 2023 , the resignation of Turner as Assistant Secretary of the Corporation is hereby accepted; Appointment of Officers
FURTHER RESOLVED, that effective as of May 8, 2023, Adisty Wilson (“Wilson”) be, and hereby is, appointed as Assistant Secretary of the Corporation to serve until her successor is duly appointed and qualified or until her earlier resignation or removal;
DocuSign Envelope ID: 02882B07-0826-4D38-AB8B-74B23E6E31D2
COUNCIL COMMUNICATION
CC #:
3351
File #:
0203-03
Title:
Liquid Aluminum Sulfate (BACC 01-2024) - Contract Purchase Agreement Contact:
Becky Philipp 916-746-1110 [email protected]
Meeting Date: 6/5/2024
Item #: 6.4.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve contract purchase agreement (3003566) with Chemtrade Chemicals US, LLC as the lowest responsive bidder for Bay Area Chemical Consortium (BACC) Bid No. 01-2024 for the supply and delivery of liquid aluminum sulfate for the Environmental Utilities Water Treatment Plant and authorize the City Manager to execute it on behalf of the City of Roseville.
The bid allowed for three optional renewal years at one-year intervals.
Staff further requests
authorization to continue utilizing the remaining optional renewal years of the bid contract without further Council approval, provided that the applicable budget is approved by the City council each year, until the contract expires or until City staff determines that continuing with the same vendor is not in the City's best interest.
BACKGROUND
The City's Water Treatment Plant has an ongoing requirement for liquid aluminum sulfate (liquid alum) which is used as a flocculating agent in the water purification process. This chemical will be purchased as needed throughout the year.
In January 2024, the City participated in a regional chemical bid led by the Bay Area Chemical Consortium (BACC), with the Bay Area Clean Water Agency serving as the coordinating agency.
BACC is comprised of water and wastewater agencies in the Northern California area, working together to purchase chemicals by combining bid solicitations. BACC is an informal cooperative that advertises and opens sealed competitive bids and then prepares bid recommendations.
Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products.
Because more than 50 public agencies are now participating, significant savings for chemical purchases are being passed along to the agencies’ water and wastewater customers.
FISCAL IMPACT
The annual cost is $168,060. Funding is included in the proposed FY2024-25 budget in the Water Operations Fund. Projected spending for the optional renewal years is as follows: FY2025- 26, $177,000; FY2026-27, $186,000; FY2027-28, $195,300.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines §15061(b)(3)). The hauling and delivery of hazardous substances is regulated by the state.
Hazardous material transport consistent with applicable safety regulations should not result in a significant environmental effect. Therefore, the proposed contract purchase agreement does not include the potential for significant environmental effect and is not subject to CEQA.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Respectfully Submitted,
Becky Philipp, Purchasing Supervisor
Dennis Kauffman, Assistant City Manager/Chief Financial Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-161
Contract Purchase Agreement
RESOLUTION NO. 24-161
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY
OF ROSEVILLE AND CHEMTRADE CHEMICALS US, LLC, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3003566) for liquid aluminum sulfate, by and between the City of Roseville and Chemtrade Chemicals US, LLC, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute three (3) additional one (1) year renewal without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3003566
Supplier Details:
Company Chemtrade Chemicals US LLC
Contact Elizabeth Ryno
Address 90 East Halsey Rd
Parsippany, NJ 07054
Submit your response to:
Company City of Roseville
Contact "Becky" Rebecca Philipp
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1110
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.
Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.
The following guidelines must be followed for the signature block on the agreement:
Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.
Insurance requirements:
The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
Agreement 3003566
Agreement Date 11-APR-2024
Change Order 1
Change Order Date 22-APR-2024
Revision 0
Agreement Amount 168,060.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Chemtrade Chemicals US LLC
90 East Halsey Rd
Parsippany, NJ 07054
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
()
()
[email protected]
Description of
Labor,
equipment
and/or materials
PROVIDE LIQUID ALUMINUM SULFATE ON AN AS NEEDED BASIS AT A COST OF $0.8403 PER GALLON IN ACCORDANCE WITH ALL SPECIFICATIONS, ATTACHMENTS, AND TERMS AND CONDITIONS OF BACC BID NO. 01-2024.
DELIVERIES TO BE MADE MONDAY - FRIDAY BETWEEN THE HOURS OF 7:00 AM - 3:00 PM.
START DATE: UPON EXECUTED AGREEMENT
END DATE: 6/30/25
PLEASE CONTACT STEPHEN PETERSON IN THE ENVIRONMENTAL UTILITIES DEPARTMENT AT 916-746-1996 FOR QUESTIONS REGARDING THIS CONTRACT. *Total cost listed below is an approximation only. The City does not guarantee whatsoever the actual value of this agreement.
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 12224 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
"Becky" Rebecca Philipp Phone 1-916-746-1110
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.
2 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
Contract Terms and Conditions
1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.
3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.
4. Time is of the essence of this Agreement.
5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Contractor is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Contractor shall be entitled to all costs reasonably incurred prior to the date of termination. Contractor acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.
6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.
7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.
8. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.
9. All fair employment practices must be adhered to. In addition, if the project referenced on this service agreement is a Public Works project, all prevailing wage laws must be complied with. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir. ca.gov/dlsr/DPreWageDetermination.htm. In compliance with Labor Code Section 1773.2, as may be amended from time to time, Contractor shall cause a copy of this website to be posted at each jobsite, as applicable.
10. Contractor agrees to the below insurance requirements:
a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage.
b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management 3 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
and the City Attorney.
c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be:
(1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
d. Cancellation/Modification. Contractor shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.
Additionally, Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors. i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.
11. Contractor shall comply with all federal, state, and local laws and ordinances, including 4 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
but not limited to the City's storm water regulations, as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. Refer to www.roseville. ca.us/stormwater for links to more information on the City's storm water regulations.
12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.
13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original hereof.
14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.
18. If the project referenced on this agreement is a Public Works project, then the following shall apply: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
19. Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 lbs. and light- duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions and air pollutants. For more information, visit the CARB Advanced Clean Fleet webpage at https://ww2.arb.ca. gov/our-work/programs/advanced-clean-fleets.
20. Contractor/consultant's duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant's participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
21. If the project referenced on this agreement is a Public Works project, then the following 5 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
shall apply: Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. Each such claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the claim. All claims must be received prior to acceptance of the work.
22. Contractor certifies that Contractor, its employees, directors, officers, agents, subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension, or ineligibility by any federal, state, or local department or agency.
23. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to a Proceeding before the City of Roseville that involves any action or consideration related to their contract, license, permit, or other entitlement for use, to disclose any campaign contributions made to City elected or appointed officers totaling more than $250 within the twelve (12) months prior to the City decision and while a proceeding is pending, and includes certain prohibitions on contribution activity thereafter. If applicable campaign contributions have been made by Contractor and/or its agent(s), Contractor is responsible for compliance, including for its disclosure obligations, if any, as further described at: https://www.roseville.ca.
us/government/departments/city_clerk/transparency/levine_act.
24. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.
25. CONTRACTOR agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONTRACTOR and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.
CONTRACTOR and CITY agree that: (a) CONTRACTOR is free from the control and direction of CITY in connection with the performance of the work; (b) CONTRACTOR is providing services directly to CITY; (c) CONTRACTOR has and will maintain at all relevant times a business license; (d) CONTRACTOR maintains a business location that is separate from CITY; (e) CONTRACTOR is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONTRACTOR actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (h) CONTRACTOR provides its own tools, vehicles, and equipment to perform the services; (i) CONTRACTOR has negotiated its own rates; (j) CONTRACTOR set its own hours and location of work in accomplishing CITY's on-call needs; and (k) CONTRACTOR has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.
The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.
Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _______________________________________________ Check mark the applicable company type below:
___________ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
6 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 n/a
n/a
X
n/a
Contract Purchase Agreement 3003566
City Reserves the right to withhold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.
General T&C
REV 3/21/24 JS
7 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
ATTACHMENT A
HUMAN RESOURCES/RISK MANAGEMENT DIVISION
INSURANCE REQUIREMENTS
AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):
Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
8 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:_X___
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.
How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX. Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.
Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202
9 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Contract Purchase Agreement 3003566
CALIFORNIA AIR RESOURCES BOARD REGULATION COMPLIANCE
Please indicate whether the Contractor is subject to, and/or in compliance with, the following regulations of the California Air Resources Board.
In-Use Off-Road Diesel-Fueled Fleets Regulation
1) Will vehicles subject to Cal. Code Regs., tit. 13, §§ 2449 et seq. be used for the project? This includes, but is not limited to:
a) Vehicles with a diesel-fueled or alternative diesel fueled off-road compression- ignition engine with maximum power (max hp) of 25 horsepower (hp) or greater provided that the vehicle cannot be registered and driven safely on-road or was not designed to be driven on-road, even if it has been modified so that it can be driven safely on-road
b) Workover rigs
c) Certain two-engine vehicles
Yes ____ No ____
2) If you answered "Yes" to 1), you must submit a valid Certificate of Reported Compliance to the City as provided in Cal. Code Regs., tit. 13, § 2449(n).
Advanced Clean Fleets Regulation
Pursuant to Cal. Code Regs., tit. 13, § 2013(i)(1), the Contractor shall submit to the City a document evidencing that it is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet OR a signed statement stating that it is not subject to the High Priority and Federal Fleets regulation of title 13, CCR section 2015 through 2015.6.
The High Priority Fleets regulation applies to, without limitation, entities with more than $50 million in gross annual revenues and/or which own, operate, or direct the operation of 50 or more vehicles in the total fleet.
1) Is the Contractor subject to the High Priority and Federal Fleets regulation of title 13, CCR section 2015 through 2015.6?
Yes ____ No ____
2) If you answered "Yes" to 1), you must submit a document evidencing that you are listed on the CARB Advanced Clean Fleets webpage as a compliant fleet.
Signature: _____________________________
Title: __________________________________
CARB Compliance
Rev 2/15/24 MC
10 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 X
-
-
X
Marketing Specialist
Contract Purchase Agreement 3003566
Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 11 DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 Marketing Specialist
Bid/Price Specialist
5/3/2024
Elizabeth Ryno
5/3/2024
Christine LaSala
DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1 DocuSign Envelope ID: 4749B558-6FCA-43A5-91D4-B595639FE9FA
April, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Vendor:
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more you must report to the City of Roseville your compliance with economic sanctions including steps you have taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine.
Sincerely,
4/25/2022
Shannon Wiest
City of Roseville
Purchasing and Warehouse Manager
DocuSign Envelope ID: 462BBF55-0115-4F6D-A5D7-873049B04BB1
COUNCIL COMMUNICATION
CC #:
3343
File #:
0704-01
Title:
Pineschi Park Play Structure Replacement Project - Contract Purchase Agreement Contact:
Tara Gee 916-774-5253 [email protected]
Meeting Date: 6/5/2024
Item #: 6.5.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve Contract Purchase Agreement #3003589 with Ross Recreation Equipment Company, Inc. for the Pineschi Park play structure replacement and authorize the City Manager to execute it on behalf of the City of Roseville.
BACKGROUND
In fall 2023, staff sought public feedback for a new play structure at Pineschi Park. The outreach process included social media and onsite signage with a QR code inviting residents to review, comment and vote on proposed play structure designs. Through a two-week period, feedback received on the designs were minimal. The comments received asked for shade. Based on the feedback, staff worked with the vendor to make adjustments to the design to incorporate shade while still meeting budget. Approval of this Contract Purchase Agreement will be to purchase and install the play structure through a piggy-back agreement in order to realize the best costs for the equipment. The delivery of this play structure is expected to arrive in fall 2024.
FISCAL IMPACT
The funding for this play structure replacement was approved by Council in FY2022-23 from
Highland Reserve North Community Facilities District No. 2 (Services District) . There will be
no General Fund impacts.
ENVIRONMENTAL REVIEW
The proposed project involves the replacement of an existing facility amenity. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Respectfully Submitted,
Tara Gee, Park Planning & Development Manager
Jill Geller, Parks, Recreation & Libraries Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-157
CPA #3003589
CEQA Exemption
RESOLUTION NO. 24-157
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ROSS RECREATION EQUIPMENT COMPANY, INC. AND
AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3003589) for playground equipment and shade structure at Pineschi Park, by and between the City of Roseville and Ross Recreation Equipment Company, Inc., has been reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3003589
Agreement 3003589
Agreement Date 02-APR-2024
Change Order 1
Change Order Date 14-MAY-2024
Revision 1
Agreement Amount 204,674.63 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Ross Recreation Equipment Company Inc
100 Brush Creek Rd
#206
Santa Rosa, CA 95404
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
(855) 892-3240
()
[email protected]
Description of
Labor,
equipment
and/or materials
The vendor shall provide and install playground equipment and shade structure at Pineschi Park in accordance with the attached Ross Recreation Equipment Company, Inc. quote number 00042249 titled NPP Contract - Pineschi Park Play Design 1167687- 01-15 dated 3/26/2024 utilizing the NPP contract PS21070.
Start Date: Executed Agreement
End Date: Upon Final Payment
Please contact the following staff in the Parks, Recreation and Libraries Department for questions on this agreement:
Alexis Priest at 916-746-1588 or [email protected]; Tara Gee at 916-774-5253 or [email protected]
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 10319 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
Sue Jessup Phone 1-916-746-1107
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.
2 Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Pineschi Park – Play Structure Replacement Project
Project Location(s): 9501 Highland Park Drive, Roseville, CA 95678 (APN 017-123-021-000).
Project Description: The Parks, Recreation and Libraries Department proposes to demolish, remove, and replace an existing play structure and remove a poured-in-place rubber “meteor” to allow that area to be used for the play area. A shade structure will be incorporated into the project design.
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project : City of Roseville Parks, Recreation and Libraries Department
Reason why this Project is Exempt: This project qualifies for a Class 2 Exemption as described in Section 15302 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.
The project activities are replacement and/or repair of existing structures and equipment…, and will have the same purpose and capacity as the existing structures and equipment. Therefore, the Class 2 Exemption is applicable to the proposed project.
Lead Agency Contact Person: Tara Gee, Recreation and Libraries Department, 316 Vernon Street, Roseville, CA 95678. 916-774-5253.
Signature: Date: 4/30/2024
Jessica Lynch, Environmental Coordinator
City of Roseville
COUNCIL COMMUNICATION
CC #:
3341
File #:
0704-01
Title:
John Byouk Park Project - Award of Contract
Contact:
Joel De Jong 916-774-5924 [email protected]
Meeting Date: 6/5/2024
Item #: 6.6.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:
1)
Award the John Byouk Park Project to the lowest responsible bidder, Abide Builders, Inc.; and 2)
Adopt a resolution to authorize the City Manager to execute the agreement with Abide Builders, Inc. in the amount of $2,247,000; and
3)
Authorize staff to approve change orders in an amount not-to-exceed 10% of the contract amount.
BACKGROUND
John Byouk Park (formerly JM-50) is an 8-acre park site located adjacent to Rex Fortune Elementary School in the Sierra Vista Specific Plan area of Roseville, off of Upland Drive.
Amenities planned for the park include a playground, picnic area, softball field with backstop and dugouts, parking lot with infrastructure for EV charging stalls, walking paths, a multi-use turf area, planting and irrigation. Additive alternates have been identified for budget purposes, and included a restroom, a shade structure at the picnic area, a swing set, a larger play structure, and sod in lieu of seed for the turf areas. A winterization allowance is also included in the total lump sum bid.
City Council approved the plans and specifications and authorized the call for bids at the April 3, 2024, meeting. Bids were opened on April 23, 2024 and staff received four bids. The bid results and architect’s estimate are as follows:
Bidder
Total Lump Sum Bid
Abide Builders, Inc.
$2,272,000
TJR Resources, Inc.
$2,435,346
Olympic Land Construction, Inc.
$3,055,145
Carter-Kelly, Inc.
$3,390,977
Architect's Estimate $2,515,100
Staff recommends award of the project to Abide Builders, Inc., in the amount of $2,247,000 for the base bid and all additive alternatives, one through five. The winter suspension allowance is not being awarded for this project.
FISCAL IMPACT
Funding for construction of this park was included in the FY2021-22 Capital Improvement Project
(CIP)
budget in the
John Byouk Park - JM-50 Project
, with additional funds for construction added
in the FY2023-24 CIP budget. Maintenance costs will be approximately $16,000/acre/year and will be funded by the
Sierra Vista Community Facilities District No. 2 (Public Services) . There will
be no General Fund impact.
ENVIRONMENTAL REVIEW
Development of the John Byouk Park site (formerly JM-50 Neighborhood Park site) was previously evaluated in the Sierra Vista Specific Plan (SVSP) EIR (certified May 5, 2015, and SCH No. 2008032115), and identified in the associated Sierra Vista Specific Plan. As proposed, construction of John Byouk Park is within the scope of the project covered by the SVSP Final EIR. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including parks, pedestrian bridges, and bike trails, to the extent applicable. Because the project is consistent with the SVSP Final EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the SVSP EIR will be implemented during the design and construction of John Byouk Park. Because the proposed project meets the requirements identified in Section 15183 of the State CEQA Guidelines, no additional CEQA review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal D - Enhance economic vitality
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Joel De Jong, Park Development Project Manager
Jill Geller, Parks, Recreation & Libraries Director
ATTACHMENTS:
Description
Vicinity Map
Resolution 24-155
Byouk Park Agreement
Intent to Award
Bid Summary Sheet
JM-50 School/Park Vicinity Map
John Byouk Park (JM-50)
Upland Drive
Vista Grande Blvd
Rex Fortune Elementary
RESOLUTION NO. 24-155
APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ABIDE BUILDERS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, an Agreement for the John Byouk Park project, by and between the City of Roseville and Abide Builders, Inc., has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed ten percent (10%) of the contract price.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
316 Vernon
Street, Suite 400
Roseville, CA 95678
NOTICE OF INTENT TO AWARD
Date:
To:
Subject:
May 13, 2024
All Proposers concerning John Byouk Park Project
Notice of Intent to Award
For the John Byouk Park Project, pending City Council approval, the City recommends awarding a contract to Abide Builders, Inc.
To inquire about the recommended award, please write to Park Development Project Manager Joel De Jong at [email protected].
COUNCIL COMMUNICATION
CC #:
3353
File #:
0721 & 0201-01
Title:
Microtransit Vans - Purchase Order and Budget Adjustment Contact:
Zach Presley 916-774-5365 [email protected]
Meeting Date: 6/5/2024
Item #: 6.7.
RECOMMENDATION TO COUNCIL
Staff recommends that City Council:
1. Approve a purchase order to A-Z Bus Sales in the amount of $2,429,666.64 for twelve (12) Ford E-Transit 350 vans; and
2. Adopt an ordinance to approve a budget adjustment in the amount of $700,000 to align project funding to grant and local match funding for the procurement of Ford E-Transit 350 vans.
BACKGROUND
In efforts to reduce vehicle emissions and meet electric vehicle procurement standards, Roseville transit is planning to purchase twelve (12) Ford E-Transit 350 vans through the CA State (CalACT
#20-01)
procurement. As a member of CalACT, Roseville Transit has access to purchase vehicles intended for transit agencies from the CalACT/MBTA purchasing cooperative. These are competitively priced vans resulting from the collective purchasing power of multiple agencies. Through their competitive procurement process, conducted in a manner that conforms to Roseville's policies for formal solicitation (publicly advertised and evaluated with price as a consideration), CalACT/MBTA awarded A-Z Bus Sales a contract for vans that also meets Roseville's Microtransit (Arrow) service specifications.
A-Z Bus Sales offer Ford E-Transit 350 vans with an aftermarket dual-battery option that provide sufficient range for the operation of Roseville's Microtransit (Arrow) service. This procurement is being funded through existing capital projects. These projects utilize federal FTA grant funding and will replace existing diesel-powered buses with electric Microtransit vans. Nine (9) of these vans will be purchased using the
Purchase of Eight Replacement Dial-A-Ride Buses P
roject and
three (3) of these vans will be purchased using the
Microtransit Vehicle and Charger Purchase
Project
. Both projects are fully funded for the purchase and include budgets for final outfitting, inspections, and subsequent deployment of these vehicles.
FISCAL IMPACT
The
Purchase of Eight Replacement Dial-A-Ride Buses
Project utilizes federal (FTA) Low/No
Emissions grant funding that was awarded in 2023. This grant will fund $2,346,000 of the purchase with $414,000 of local match funding coming from Local Transportation Funds. The Microtransit Vehicle and Charger Purchase
Project utilizes federal (FTA) 5339 funds that were
awarded in 2021. This grant will fund $560,000 of the purchase with $140,000 of local match
funding coming from Local Transportation Funds
. These projects will have no impact on the
General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The purchase of vans meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Zach Presley, Assistant Transportation Planner
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Ordinance 6818
500261 Van Quote
500112 Van Quote
ORDINANCE NO. 6818
ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:
SECTION 1 . The City of Roseville Annual Budget, Fiscal Year 2023 -24, is hereby amended as listed on the attached budget adjustment for the purchase of 12 microtransit vans.
SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.
SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.
PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
REQUEST FOR BUDGET ADJUSTMENT
Updated 12/1/2023
REQUESTER NAME & TITLE: Ed Scofield, Alt. Transportation Manager FISCAL YEAR: 2023-24 PREPARER NAME & TITLE: Zach Presley, Transportation Planner COUNCIL DATE (if applicable): 06/05/24 DEPARTMENT/DIVISION: PW - Alternative Transportation ORDINANCE:
EXPENDITURES/EXPENSES/TRANSFERS OUT
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 6511 6552 84001 500261 (700,000) Decrease Capital Outlay expense account to match grant funding
EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL (700,000)
REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 6511 4401 84001 500261 (840,000) Decrease Federal Grants revenue account to match grant funding
6511 4425 84001 500261 140,000 Increase Local Transportation Funds revenue to match grant funding
REVENUES/TRANSFERS IN TOTAL (700,000)
NET ADJUSTMENT -
FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL -
Justification for Budget Adjustment:
The Microtransit Vehicles and Charger Purchase Project was inadvertently overbudgeted when established. This budget adjustment will correct that error, setting the new budget (and accompanying revenue budgets from federal grants and Local Transportation Funds) at $700,000. This grant provides $560,000 in funding to replace existing diesel transit vehicles with zero-emission electric vehicles. There is a local match requirement of $140,000 which will be provided by Local Transportation Funds. There is no impact or cost to the General Fund for this project.
MBTA CalACT Cooperative
Quote Date 4/6/2024
316 Vernon Street County: Placer Expires 2024 chassis
Roseville Zip Code: 95678 Roof design Mid-Roof Height
Zach Presley Office Phone: 916-774-5365
[email protected] Cell Phone: FORD FIN Code required Clay Hartman Type E- Transit, Nor Cal Vans/Driverge Revision Date 4/6/2024 QTY Contract Price
NOR CAL VAN/DRIVERGE , TYPE Z1-E (ER), Ford Transit 350MR W9C, Fenton 16kWh Battery with A/C and Heat Package 1 Driverge
1 Sub-Total Base Unit 176,858.00$
PUBLISHED OPTIONS
2 Go-ES Single Seat 1,153.00$ 2,306.00
1 Delivery Zone 4 800.00$ 800.00
1 DMV Processing 80.00$ 80.00
1 8.75$ 8.75
1 Sub-Total Published Options 3,194.75
NON PUBLISHED OPTIONS
1 4,216.00 4,216.00
1 975.00 975.00
1 95.00 95.00
1 -
1 4,675.00 4,675.00
1 375.00 375.00
1 675.00 675.00
1 775.00 775.00
1 620.00 620.00
1 1,334.00 1,334.00
1 Sub-Total Non-Published Options 13,740.00
SUMMARY
SPECIFICATION SUMMARY
1 Model Year 2024 (with 89.9kWh Battery Pack) Make: Nor Cal Van/Driverge Wheelchair Lift Model: Braun 1 Type: Ford E-Transit 350 MR Chassis: Ford E-Transit 350 MR Wheelchair Lift Location Shift N Step 1 Passenger Capacity: 5 seated + 1 w/c Wheelbase: 148 Number of Tie Downs: 1 1 Seat Fabric: Ford OEM Charcoal Vinyl Engine: Electric Battery Capacity 89.9kWh + 16kWh 1 Air Conditioning System: FORD OEM GVWR: 9,500 Tie Down Type QStraint 8100 DLX 1 Exterior Color/Graphics: White Body Length: 19.5 ft Estimated Delivery:
Bike Rack, Sportworks Stainless, 2 Bike positions, 2 Fat tire positions (Fat tire trays require Apex model rack) Apollo Camera Pre-wire and full installation of DVR & up to 8 cameras. Components supplied by Roseville Drivers Side Aluminum grate style running board
GFI Mounting prep. Includes additional floor support for future mounting of GFI Fare Box
89.9 kWh Ford OEM battery pack (included in base price) Hanover Front and Side Destination LED Signs
RFP #20-01
Customer: City of Roseville
Address:
City
Prewire for DriveCam and CalAmp. Provides for (2) constant, ignition, and ground wire harness routed per Roseville Contact:
Chassis, Ford E-Transit 148' W/B"
Email Address:
Sales Representative
Option Description
Ford E-Transit 350 MR
State Tire Tax
Privacy Tint on side windows
Electronics Storage Box, Fenton, 2 shelves and latching door, option deletes Co-Pilot Seat Cut-off switch for accessories located in Electronics Storage Box
MBTA CalACT Cooperative
Quote Date 4/6/2024
316 Vernon Street County: Placer Expires 2024 chassis
Roseville Zip Code: 95678 Roof design Mid-Roof Height
Zach Presley Office Phone: 916-774-5365
[email protected] Cell Phone: FORD FIN Code required Clay Hartman Type E- Transit, Nor Cal Vans/Driverge Revision Date 4/6/2024 QTY Contract Price
RFP #20-01
Customer: City of Roseville
Address:
City
Contact:
Email Address:
Sales Representative
Option Description
SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford E-Transit Body Code W9C Mid Roof 235/65R16
1 Ford E-Transit XL Cargo with Driverge Interior E-Transit Electric Motor 1 Rear w/c Lift, Braun Century 800 lb rating 89.9kWh OEM Ford Battery Pack (new for 2024) 1 Smart floor interior tracking for seats and w/c's 1-Speed Motor w/ Electric rear Axle 1 Headroom Height Interior, 67" 9,500 lb GVWR
1 Exterior Height 99" Rear Axle: Single Tires.
1 Overall Length 235.5" OEM Ford A/C & Heat + Fenton High Capacity A/C & Pass Heat Package 1 Laminated Side windows in Passenger area (92A) AM FM Stereo 1 Altro Flooring Reverse Backing camera
CONTRACT PRICING SUMMARY
1 Base Unit as Specified 176,858.00
1 Published Options 3,194.75
1 Non-Published Options 13,740.00
1 Sub-total per Unit 193,792.75
1 Mobility Aid Rebate shown for tax purposes 1,000.00 reversed below 1 ADA Portion 43,380.75
1 Taxable amount on which tax is collected 151,412.00
1 Sales Tax on taxable amount 5,772.58 3.813% Roseville 1 CalACT MBTA Fee of 1.5% on the subtotal 2,906.89 (sell below re: Tax) 1 Mobility Aid reduction (1,000.00) reversal from above 1 Total, Each 202,472.22
1 Less HVIP rebate (8,625.00)$ Application required HVIP REBATE 1 Sub Total 193,847.22
1 Qty 3
1 Grand Total 581,541.67
Sales tax rate is
based on special
zero emission
reduction of normal
tax rate less 3.9375
1 Signature Signature Date
Print Name
City of Roseville
COMPANY/AGENCY
Clay Hartman
Print Name
Clay Hartman
MBTA CalACT Cooperative
Quote Date 4/6/2024
316 Vernon Street County: Placer Expires 2024 chassis
Roseville Zip Code: 95678 Roof design Mid-Roof Height
Zach Presley Office Phone: 916-774-5365
[email protected] Cell Phone: FORD FIN Code required Clay Hartman Type E- Transit, Nor Cal Vans/Driverge Revision Date 4/6/2024 QTY Contract Price
NOR CAL VAN/DRIVERGE , TYPE Z1-E (ER), Ford Transit 350MR W9C, Fenton 16kWh Battery with A/C and Heat Package 1 Driverge
1 Sub-Total Base Unit 176,858.00$
PUBLISHED OPTIONS
2 Go-ES Single Seat 1,153.00$ 2,306.00
1 Delivery Zone 4 800.00$ 800.00
1 DMV Processing 80.00$ 80.00
1 8.75$ 8.75
1 Sub-Total Published Options 3,194.75
NON PUBLISHED OPTIONS
1 4,216.00 4,216.00
1 975.00 975.00
1 95.00 95.00
1 -
1 4,675.00 4,675.00
1 375.00 375.00
1 675.00 675.00
1 775.00 775.00
1 620.00 620.00
1 1,334.00 1,334.00
1 Sub-Total Non-Published Options 13,740.00
SUMMARY
SPECIFICATION SUMMARY
1 Model Year 2024 (with 89.9kWh Battery Pack) Make: Nor Cal Van/Driverge Wheelchair Lift Model: Braun 1 Type: Ford E-Transit 350 MR Chassis: Ford E-Transit 350 MR Wheelchair Lift Location Shift N Step 1 Passenger Capacity: 5 seated + 1 w/c Wheelbase: 148 Number of Tie Downs: 1 1 Seat Fabric: Ford OEM Charcoal Vinyl Engine: Electric Battery Capacity 89.9kWh + 16kWh 1 Air Conditioning System: FORD OEM GVWR: 9,500 Tie Down Type QStraint 8100 DLX 1 Exterior Color/Graphics: White Body Length: 19.5 ft Estimated Delivery:
Bike Rack, Sportworks Stainless, 2 Bike positions, 2 Fat tire positions (Fat tire trays require Apex model rack) Apollo Camera Pre-wire and full installation of DVR & up to 8 cameras. Components supplied by Roseville Drivers Side Aluminum grate style running board
GFI Mounting prep. Includes additional floor support for future mounting of GFI Fare Box
89.9 kWh Ford OEM battery pack (included in base price) Hanover Front and Side Destination LED Signs
RFP #20-01
Customer: City of Roseville
Address:
City
Prewire for DriveCam and CalAmp. Provides for (2) constant, ignition, and ground wire harness routed per Roseville Contact:
Chassis, Ford E-Transit 148' W/B"
Email Address:
Sales Representative
Option Description
Ford E-Transit 350 MR
State Tire Tax
Privacy Tint on side windows
Electronics Storage Box, Fenton, 2 shelves and latching door, option deletes Co-Pilot Seat Cut-off switch for accessories located in Electronics Storage Box
MBTA CalACT Cooperative
Quote Date 4/6/2024
316 Vernon Street County: Placer Expires 2024 chassis
Roseville Zip Code: 95678 Roof design Mid-Roof Height
Zach Presley Office Phone: 916-774-5365
[email protected] Cell Phone: FORD FIN Code required Clay Hartman Type E- Transit, Nor Cal Vans/Driverge Revision Date 4/6/2024 QTY Contract Price
RFP #20-01
Customer: City of Roseville
Address:
City
Contact:
Email Address:
Sales Representative
Option Description
SUMMARY STANDARD BID FEATURES & EQUIPMENT
1 Ford E-Transit Body Code W9C Mid Roof 235/65R16
1 Ford E-Transit XL Cargo with Driverge Interior E-Transit Electric Motor 1 Rear w/c Lift, Braun Century 800 lb rating 89.9kWh OEM Ford Battery Pack (new for 2024) 1 Smart floor interior tracking for seats and w/c's 1-Speed Motor w/ Electric rear Axle 1 Headroom Height Interior, 67" 9,500 lb GVWR
1 Exterior Height 99" Rear Axle: Single Tires.
1 Overall Length 235.5" OEM Ford A/C & Heat + Fenton High Capacity A/C & Pass Heat Package 1 Laminated Side windows in Passenger area (92A) AM FM Stereo 1 Altro Flooring Reverse Backing camera
CONTRACT PRICING SUMMARY
1 Base Unit as Specified 176,858.00
1 Published Options 3,194.75
1 Non-Published Options 13,740.00
1 Sub-total per Unit 193,792.75
1 Mobility Aid Rebate shown for tax purposes 1,000.00 reversed below 1 ADA Portion 43,380.75
1 Taxable amount on which tax is collected 151,412.00
1 Sales Tax on taxable amount 5,772.58 3.813% Roseville 1 CalACT MBTA Fee of 1.5% on the subtotal 2,906.89 (sell below re: Tax) 1 Mobility Aid reduction (1,000.00) reversal from above 1 Total, Each 202,472.22
1 Less HVIP rebate (8,625.00)$ Application required HVIP REBATE 1 Sub Total 193,847.22
1 Qty 9
1 Grand Total 1,744,625.01
Sales tax rate is
based on special
zero emission
reduction of normal
tax rate less 3.9375
1 Signature Signature Date
Print Name
City of Roseville
COMPANY/AGENCY
Clay Hartman
Print Name
Clay Hartman
COUNCIL COMMUNICATION
CC #:
3352
File #:
0721
Title:
Microtransit Van Fast Fare Boxes - Sole Source Purchase Order Contact:
Zach Presley 916-774-5365 [email protected]
Meeting Date: 6/5/2024
Item #: 6.8.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a sole source purchase order to Genfare, LLC in the amount of $262,610.13 for twelve (12) Fast fare boxes.
BACKGROUND
Roseville Transit currently uses Genfare fare boxes on its existing buses to track fare payments and ridership. Genfare, LLC is the only company that produces Fast fare boxes. To maintain compatibility with Roseville’s bus fleet, Fast fare boxes must be installed in the new Zero Emission buses. The Genfare computerized data collection system, probes, and vaults are all designed to operate with Genfare fare boxes only. The installation of a different type of fare box on our current fleet of buses and/or new buses would require the purchase of a new, separate set of revenue collection equipment. This would include new probes, vaults and a computer data system for the different type of fare boxes. Roseville would also need to invest in the training of staff and outreach to our customers on two different revenue collection systems. The advantage of approving the purchase of twelve (12) Fast fare boxes from Genfare is that Roseville Transit will continue to effectively collect revenue, manage, and monitor revenue collection using equipment currently installed on existing buses and at the City's Corporation Yard.
FISCAL IMPACT
The recommended purchase order has an estimated cost of $ 262,610.13
based on quotes
obtained by Genfare. Costs will be assigned between two grant-funded Alternative Transportation projects: the Purchase of Eight Replacement Dial-A-Ride Buses Project and the Microtransit Vehicles and Charger Purchase Project. There is no fiscal impact to the General Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The proposed purchase meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Zach Presley, Assistant Transportation Planner
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Sole Source Form
500261 Fareboxes
500112 Fareboxes
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5047331
Document Date 04/03/2024
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 04/03/2024
Validity End Date 09/30/2024
Req Ship Date 04/03/2024
Order includes 3 32" FF (w/ TRiM, BCR, WiFi, OPSCR)
Item Material Quantity Price Amount
10 FASTFARE 3 EA 18,756.00 USD 56,268.00
FAST FARE FAREBOX
Tax 1 EA 1,453.59 USD 4,360.77
With the following configuration
OCU MOUNTING SHAFT LENGTH CHAR 6 INCH RAM (STD)
OCU CABLE LENGTH 3FT
SWIPE CARD READER YES
SMART CARD READER FEIG OPENPAY (SEL. ETH CABLES)
ETHERNET CABLE BOTH CABLE (WIFI/OPEN PAY)
FAREBOX HEIGHT 31 INCHES
EXTERNAL CABLE J1708
TRIM (OR) PRINTER MAGNETIC
WIFI DUAL BAND (SEL. ETH CABLES)
BARCODE READER YES
CASHBOX HEIGHT SUPER SHORT
20 J1708 LICENSE 3 EA 190.00 USD 570.00 Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:04/03/2024 Sales Representative: Josh Moskowitz Phone:
Email:
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5047331
Document Date 04/03/2024
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 04/03/2024
Validity End Date 09/30/2024
Req Ship Date 04/03/2024
Item Material Quantity Price Amount
J1708 INTERFACE SOFTWARE LICENSE
30 INSTALL_FAREBOX 3 EA 700.00 USD 2,100.00
ON-SITE FAREBOX INSTALLATION
Tax 1 EA 54.25 USD 162.75
40 FREIGHT 1 EA 300.00 USD 300.00
FREIGHT
----------------------------------------------------
Gross Value: 59,238.00
Total Tax: 4,523.52
Final Amount: 63,761.52
Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:04/03/2024 Sales Representative: Josh Moskowitz Phone:
Email:
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
GENFARE STANDARD TERMS AND CONDITIONS OF SALE
1. GENERAL. . Unless otherwise agreed in writing by Genfare, the Quotation, these Terms and Conditions of Sale (including the attached Warranty), the Order Acknowledgment (if issued) and the Software License (for any licensed Software), constitute the entire agreement between Genfare and Customer (the "Agreement") and are the exclusive terms and conditions governing the underlying order and shall apply in precedence over any such other terms and conditions, or otherwise under any applicable law. The Software is licensed to Customer under the Genfare Software License in effect at the time of purchase of such Software. Genfare's Services Agreement shall be the sole document governing any Software subscriptions purchased by Customer from Genfare. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER ARE OBJECTED TO BY GENFARE AND SHALL NOT BE EFFECTIVE OR BINDING AS TO GENFARE UNLESS AGREED TO IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GENFARE. Genfare shall sell to Customer, and Customer shall purchase from Genfare, the equipment identified in the Quotation (the "Equipment") and a license to certain software identified in the Quotation or embedded in the Equipment (the "Software") in accordance with the Agreement (the Equipment and Software collectively referred to as the "Products"). Genfare accepts Customer's purchase orders for Products and agrees to deliver the Products to Customer only on the terms of the Agreement.
Genfare's acceptance of Customer's purchase order is expressly made conditional on Customer's assent to the Agreement. No variation of the Agreement shall be binding unless agreed to in writing by authorized representatives of Genfare and Customer. The following provisions of these Terms and Conditions of Sale shall survive termination of the Agreement for whatever reason: Sections 1, 3, 6, 7, 8, 9, 11, 12, 15 and 16.
2. SHIPPING & INSURANCE Genfare shall arrange shipping and insurance and shall bill Customer for the Products with the shipping and insurance costs as separate items, on an invoice ("Invoice"). Subject to other provisions of the Agreement, Genfare shall ship the Products to Customer on the agreed upon Shipping Date.
3. TERMS OF PAYMENT. Genfare may require certain payments to be made prior to delivery of Products or other services. Notwithstanding the preceding sentence, Customer shall pay for all Products, fees, shipping, insurance, and where agreed, all duties and taxes net 30 days from date of Invoice. However, if the parties have agreed that the Products are to be installed by Genfare, Customer shall pay 90% of the total cost of each Product upon shipping of the Product and 10% upon installation of the Product. All services are invoiced at 100%. If Customer fails to pay any Invoice when due, Genfare may, without prejudice to any other remedy, postpone shipments, alter payment terms, terminate the Agreement and charge interest on all overdue amounts at the rate of 1.5% per month compounded monthly (or if less, the maximum rate allowed by law). Upon demand, Customer shall pay all such interest charges and all reasonable collection fees, including reasonable legal expenses.
4. TRANSFER OF TITLE AND RISK OF LOSS; DELIVERY.All products willbe shipped FOB Destination. Risk of loss and title to all Products shall pass to Customer, free of encumbrances, at the time of delivery to Customer's destination.
Genfare will endeavor to meet any estimated or firm delivery dates requested by Customer, but shall not be liable in damages or otherwise, nor shall Customer be relieved of performance under the Agreement, because of failure to meet them.
5. CHANGES TO SPECIFICATIONS. Genfare may, without notice to Customer, make changes to the specifications of the Products which do not materially affect the quality or performance of the Products.
6. ACCEPTANCE, RETURNS AND EXCHANGES. The Products and services shall be deemed accepted, and any attempt by Customer to reject an order or shipment of Products shall be waived and not enforceable, unless: (i) Customer has promptly inspected the Products and services, and written notice from Customer of any defect has been received by Genfare within thirty (30) days following any delivery of Products or performance of services. The return of defective Products is covered by the Warranty as described in Attachment A.
Return/Exchange Procedures. Customer may only return a Product which is not defective if: (a) the Product does not correspond to the Products ordered in the Agreement (a "Return"), or (b) the Product has been ordered in error by the Customer and Genfare has granted written permission to Customer to remedy its mistake by ordering the correct equipment or software and returning the Product (an "Exchange"). The party liable for all shipping, insurance and any other expenses incurred by Customer in returning the Product pursuant to the preceding sentence and for all loss or damage to the Product until received by Genfare, shall be Genfare for Returns and Customer for Exchanges. If Customer returns the Product in accordance with these Procedures in an undamaged condition, in the original configuration and, where appropriate, in the original packing, before the later of: (i) 21 days after the date of the Invoice for that Product; and (ii) the date of substantial completion of installation of the Product by Genfare, Genfare shall: (A) for Returns, issue a credit to Customer for the full Invoice price of the returned Product; or (B) for Exchanges, issue a credit to Customer for the full Invoice price of the returned Product less: (I) a restocking fee of 25% of the Invoice price; and (II) the original shipping and insurance cost as shown on the Invoice. If Customer does not comply with the Procedures in this Section for Returns and Exchanges, Customer shall pay the full amount of the Invoice.
7. CUSTOMER POSTPONEMENT OF SCHEDULED SHIPPING DATE. If Genfare receives a request from Customer to delay the Shipping Date (a) 30 days or more prior to the Shipping Date, Genfare may postpone the Shipping Date and may charge Customer 2% of the net Agreement total for each full or partial month the Shipping Date is delayed or (b) less than 30 days prior to the Shipping Date, Genfare may treat the Agreement as canceled and may bill Customer in accordance with the provisions of Section 8.
8. CANCELLATION. If Customer cancels an Agreement before the Shipping Date, Genfare may charge Customer a cancellation charge calculated by multiplying the following applicable percentage by the Agreement total (as shown on the Quotation/Order Acknowledgment): (a) if cancelled 40 business days or more before Shipping Date, the applicable percentage is 25%, and (b) if cancelled 39 business days or less before Shipping Date, the applicable percentage is 50%. In addition to the applicable percentage charge, if Customer cancels all or part of the order without cause, Customer will reimburse Genfare for (i) Genfare's expenses incurred to fulfil the order through the cancellation date, including, without limitation, materials and labor. If Customer's order includes special order Products or vendor Products, Genfare may also charge, in addition to the other amounts set forth in this Section 8, (A) for special order Products, 100% of the amount shown on the Quotation/Order Acknowledgment for that Product; and (B) for vendor Products, the lesser of 100% of the cost to Genfare of vendor Product; or, if the vendor accepts the return of its Product the restocking charge levied by the vendor. Customer shall pay all cancellation charges within 30 days of receipt of Invoice.
9. FORCE MAJEURE. To the extent that either party is not able to perform an obligation under this Agreement due to fire, flood, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, acts of terrorism, any law or order of any governmental agency, or other cause beyond that party's reasonable control ("Force Majeure"), that party may be excused from such performance so long as such party provides the other party with prompt written notice describing the condition and takes reasonable steps to avoid or remove such causes of nonperformance and promptly continues performance whenever and to the extent such causes are removed.
10. INSTALLATION. If installation is purchased, Customer shall complete all of the action necessary to prepare Customer's premises for the installation of Products prior to the scheduled installation date. If Customer complies with the preceding sentence, Genfare's authorized technicians shall commence the installation of Products on the scheduled installation date. Genfare may invoice Customer for an amount in addition to the installation charge specified on the Quotation/Order Acknowledgment if Genfare incurs additional installation costs as a result of Customer's failure to have the site, other manufacturers' equipment or Products ready for Genfare's technicians on the scheduled installation date.
11. WARRANTY. All Products are covered by Genfare's Standard Warranty as described in Attachment A attached hereto and incorporated herein.
12. WAIVER OF CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, to the fullest extent permitted by applicable law, Genfare will not be liable for damages related to any business interruption or loss of profit, increased operating costs, anticipated savings, data, contract, goodwill or the like or for incidental, special, indirect or consequential damages of any nature under any theory of relief, including, without limitation, breach of warranty, breach of contract, tort (including negligence), and strict liability, arising out of or related to Seller'sacts or omissions. Under no circumstances shall Genfare's liability to Customer exceed the contract price for the specific goods and services upon which such liability is based. Any action for breach of contract or otherwise must be commenced within one (1) year after the cause of action has accrued.
13. INDEMNIFICATION. Genfare agrees to indemnify and hold harmless Customer, its elected and appointed officers and employees, from and against any and all claims, demands, defense costs, liability or damages brought by third parties and to the extent arising solely from: (a) personal injury or property damage resulting directly from Genfare's (or Genfare's subcontractors, if any), negligent acts, errors or omissions or willful misconduct or (b) any actual infringement by Genfare of a patent, trademark, copyright, trade secret or other intellectual or proprietary rights regarding the Products (except to the extent resulting from Customer's combination of Genfare's products with other products or services not provided by Genfare). Notwithstanding the foregoing, there shall be no indemnification hereunder by Genfare as to any losses caused by the negligence or fault of Customer or any of its officers, employees or agents. If Customer shall claim indemnification hereunder, Customer shall notify Genfare in writing of the basis for such claim or demand setting forth the nature of the claim or demand in reasonable detail. Genfare agrees to assume the defense of any such claim and to defend the same at Genfare's expense. The parties agree to reasonably cooperate with each other on any such claims. If the Customer desires to participate in the defense, then Customer shall have the right to do so through counsel of its own choosing, provided that Customer will be responsible for all of its costs in so doing.
14. INSURANCE. Genfare shall maintain insurance coverage consistent with its existing programs but shall not name Customer as an additional insured nor will Genfare or its insurers be obligated to waive any rights of subrogation Genfare or such insurers may have against Customer or its affiliates. Genfare shall use commercially reasonable efforts to provide Customer with written notice of cancellation of any applicable policy thirty (30) days prior to the effective cancellation date of such policy, but failure to do so shall impose no obligation or liability upon Genfare or its insurers, agents or representatives. Genfare shall provide Customer with its standard certificate of insurance upon request.
15. NOTICE. All requests, instructions and notices from one party to the other must be in writing and may be given via registered post or facsimile transmission to the address of the parties shown on the Quotation/Order Acknowledgment.
16. MISCELLANEOUS. No waiver by Genfare of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. Any provision of the Agreement which is, or is deemed to be, unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement, and that unenforceability shall not make that provision unenforceable in any other jurisdiction. The rights which accrue to Genfare by virtue of the Agreement shall endure for the benefit of and be binding upon the successors and assigns of Genfare. The Agreement shall be governed by the laws of the State of Illinois, however Genfare may enforce the provisions of the Agreement in accordance with the laws of the jurisdiction in which the Products are situated. The United Nations Convention on the Sale of Goods (the Vienna Convention) shall not apply to the Agreement.
ATTACHMENT A- WARRANTY
1. DEFINITIONS
a) Customer shall mean any individual, entity, business, or transit agency that purchases Genfare's goods, services, and/or software. b) Documentation shall mean the manuals, guides, or other applicable materials provided by Genfare to the Customer. c) Equipment shall mean new Genfare supplied equipment, firmware embedded on the Genfare supplied equipment, and spare parts. d) Equipment Operating Instructions means the instructions for use, maintenance, storage, and repair in the applicable Genfare Equipment Manual. e) Equipment Warranty Period shall apply as follows:
i. Equipment:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) twelve (12) months thereafter for equipment purchases; and (z) six (6) months for Equipment repaired during the Warranty Period or the remaining original warranty period if greater than (6) months ii. Genfare's Mid-Life Upgrade and/or Reconditioning Program:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) six (6) months thereafter; and (z) three (3) months for items repaired during the Warranty Period or the remaining original warranty period if greater than three (3) months. iii. Spare Parts:
1. Begins upon delivery of Spare Parts and shall end six (6) months thereafter. f) Genfare Equipment Manual means the manual and/or guides developed by Genfare and made available to a Customer which describe the products, services, and/or software, including proper care and maintenance of such products, services, and/or software.
g) Genfare Service Center shall mean the Genfare repair facility specified by an authorized Genfare representative. h) Hotfix shall mean a single, cumulative package that includes information that is used to address a problem within the Software. i) Services means technical, training, maintenance, or other services performed by Genfare or an authorized Genfare representative. j) Services Warranty Period shall begin upon the completion of the Services and end thirty (30) days thereafter. k) Software means all original and software updates purchases of Genfare supplied software. l) Software Warranty shall mean licensed software, but excludes any warranty provided under an applicable subscription and services agreement purchased by Customer. m) Software Warranty Period shall begin upon the earlier of (a) the date the Software is made available to the Customer for User Acceptance Testing or (b) date the Software is placed in the production and shall end ninety (90) days thereafter.
n) Third Party Purchase Warranty Period shall mean the date on which Customer receives the Equipment from Customer's third party bus manufacturer or other third party vendors and ending twelve (12) months from such date. o) Warranty shall mean all applicable warranties purchased by the Customer under this Agreement. p) Warranty Period shall mean the applicable Equipment Warranty Period, Third Party Purchase Warranty Period, the Software Warranty Period, and the Services Warranty Period.
2. GENERAL TERMS
a) Subject to the provisions of the Equipment Warranty, Genfare warrants that the Equipment shall conform to the specifications in the Genfare documentation in all material respects and that the equipment shall be free from material defects in materials and workmanship.
b) Genfare warrants that the Services and Software shall materially conform to the specifications in the then-current Documentation. c) It is understood that the costs of discovery of the problem associated with any Warranty and, to the extent applicable, the costs associated with the removal and installation of the defective part shall be the responsibility of Customer.
3. RETURN OF EQUIPMENT UNDER WARRANTY
a) If an item of Equipment malfunctions or fails in normal use within the applicable Warranty Period:
b) Customer shall promptly notify Genfare of the problem, the original sales order number, and the serial number, if applicable, of the defective item; i. Genfare shall, at its option, either resolve the problem over the telephone or via email, or provide Customer with a Return Material Authorization ("RMA") to ship the defective item to Genfare; ii. if Genfare provides Customer with an RMA to ship the defective item to Genfare, Customer shall include, in the RMA, a description of the fault. Customer shall, at its cost, properly pack the item to be returned, prepay the insurance and shipping charges, and ship the item to the specified Genfare Service Center with a copy of the RMA; Parts or Equipment damaged during shipment that were not properly packaged are the responsibility of the customer. The return label must include the RMA number with attention to Repair Center. Genfare reserves the right to return items sent to the Genfare Service Center without an RMA and Customer will reimburse Genfare for its costs in returning the items. iii. Genfare shall, at Genfare's option, either repair or replace the returned item. The replacement item may be new or refurbished; if refurbished, it shall be equivalent in operation to new Equipment. If a returned item is replaced by Genfare, the Customer agrees that the returned item shall become the property of Genfare; iv. Genfare shall, at its cost, ship the repaired item or replacement to the Customer. If the Customer has requested express shipping, the Customer shall pay Genfare an expediting fee. c) A failure is defined as a device or component in the Equipment that is inoperative and/or unsuitable for the intended purpose. d) It is understood that Genfare shall be responsible for the costs of all materials and labor, except as provided herein.
4. TECHNICAL ASSISTANCE
During the applicable Warranty Period, Genfare shall provide the Customer with Technical Support via phone or email. All communication is to be routed through Customer Care at 847-871-1231, 847-593-8855, or [email protected]. A case will be created for each inquiry that will be followed through resolution. Technical Support is included throughout the Warranty Period. Customer understands that ongoing Technical Support is the Customer's responsibility and that if a Support Agreement is not secured prior to the expiration of the Warranty Period, Customer is agreeing to support at Genfare's then-current time and materials rates or as otherwise quoted by Genfare.
5. UPDATES
During the applicable Software Warranty Period, Genfare shall, at no charge, provide Customer with non-feature software updates to the version of Software installed at the Customer's location and, if the Equipment is sent to Genfare for Warranty repair, those revision level updates deemed necessary by Genfare. Non-feature software updates and revision level updates do not generally include additional equipment, such as hardware memory, which enables the upgrades to function in the existing Equipment of Customer. Customer may purchase this additional equipment from Genfare. Updates will be provided based on compatibility and based on Genfare's reasonable determination that a Software update will resolve an issue the Customer is experiencing. Genfare reserves the right to provide Customer with a Hotfix to resolve an issue between scheduled releases. Any firmware provided by Genfare to Customer is recommended to be tested in a user acceptance testing environment prior to deployment to Customer's production environment, Genfare's warranty does not cover issues experienced by Customer where Customer deployed firmware to Customer's production environment without first testing in the user acceptance testing environment.
6. DEFAULT AND TERMINATION
Genfare may suspend or immediately terminate this Warranty and all of its performance under this Warranty, upon notification to Customer, if Customer: (a) makes any unauthorized modifications to the Equipment or Software; (b) purchases non-OEM supplied parts during the warranty period (c) does not regularly perform preventative maintenance and is unable to show service records or other documentation reasonably requested by Genfare; (d) uses an unauthorized repair facility; (e) assigns or transfers the Customer's rights or obligations under this Warranty without the prior written consent of Genfare; (f) becomes bankrupt or insolvent, or is put into receivership; or (g) has not paid Genfare all amounts for services, advance replacement parts supplied under this Warranty, or other additional charges within thirty (30) days of receipt of written notice from Genfare. If this Warranty is terminated by Genfare, Customer shall remain liable for all amounts due to Genfare. If Genfare suspends the warranty under Section 6(a), 6(b), 6(c), or 6(g), Customer will have the opportunity to cure and must do so within ninety (90) days of Genfare providing notice to Customer. If Customer does not cure within the allotted period, the warranty will terminate upon expiration of the cure period. To cure, Customer must remedy the default in the manner required by Genfare in Genfare's notice of default to Customer. The term of Customer's Warranty Period will continue to run during any cure period.
7. LIMITATIONS AND QUALIFICATIONS OF WARRANTY
This Warranty does not apply to normal consumable items, items which are replaced in usual and scheduled preventative maintenance such as ball bearings, belts, batteries, cables, gears, rollers etc.(a full listof consumable items can be provided upon request) nor does it apply to any damage, defect or failure caused by:
a) any part of the Equipment or Software having been modified, adapted, transported or relocated by any person other than Genfare personnel, a Genfare authorized service agent or Genfare approved technician without Genfare's prior written consent;
b) improper installation, operation or maintenance by Customer or a third party; c) storage or environmental characteristics which do not conform to the applicable sections of the appropriate Genfare Equipment Manual; d) failure to conform with the Equipment Operating Instructions in the applicable Genfare Equipment Manual or the Minimum System Requirements for the Network Manager or Server (including failure to perform regular backups); e) inaccurate or incomplete information or data supplied or approved by Customer; f) external causes, including external electrical stress or lightning, or use in conjunction with incompatible equipment, unless such use was with Genfare's prior written consent; g) cosmetic damage (including graffiti);
h) accidental damage, negligence, neglect, mishandling, abuse or misuse, other than by Genfare personnel, a Genfare authorized service agent or Genfare approved technician; or i) Force Majeure (as defined in Genfare's Terms and Conditions of Sale); j) Customer implementing a software update without having a User Acceptance Testing environment available prior to implementation of the software update k) Improper or inadequate testing of a software update or release in Customer's User Acceptance Testing environment prior to implementation of such software update or release in Customer's production environment.
8. LIMITATION ON DAMAGES
a) THE WARRANTY STATED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE WARRANTY AND SOLE AND EXCLUSIVE REMEDY FOR THE EQUIPMENT, SOFTWARE, AND/OR SERVICES. GENFARE SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." GENFARE DOES NOT WARRANT THAT: (1) OPERATION OF ANY OF THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE, (2) FUNCTIONS CONTAINED IN THE SERVICES AND SOFTWARE SHALL MEET THE CUSTOMER'S REQUIREMENTS, OR (3) THE SERVICES OR SOFTWARE SHALL OPERATE IN COMBINATION WITH (I) OTHER HARDWARE OR SOFTWARE OTHER THAN HARDWARE AND SOFTWARE EXPRESSLY APPROVED OR RECOMMEND BY
GENFARE IN WRITING, OR (II) UNSUPPORTED VERSIONS OF THE SOFTWARE b) EXCEPT AS OTHERWISE EXPRESSLY AGREED BY THE PARTIES, GENFARE SHALL NOT BE LIABLE IN TORT, INCLUDING LIABILITY IN NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR PROPERTY. GENFARE'S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY UNDER OR IN CONNECTION WITH THE EQUIPMENT SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT. c) EVEN IF GENFARE HAS BEEN ADVISED OF THE POSSIBILITY OF THEM, GENFARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND.
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5047093
Document Date 03/14/2024
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 03/14/2024
Validity End Date 09/30/2024
Req Ship Date 03/14/2024
Order includes 9 32" FF (w/ TRiM, BCR, WiFi, OPSCR).
Item Material Quantity Price Amount
10 FASTFARE 9 EA 19,536.00 USD 175,824.00
FAST FARE FAREBOX
Tax 1 EA 1,514.04 USD 13,626.36
With the following configuration
OCU MOUNTING SHAFT LENGTH CHAR 6 INCH RAM (STD)
OCU CABLE LENGTH 3FT
SWIPE CARD READER YES
SMART CARD READER FEIG OPENPAY (SEL. ETH CABLES)
ETHERNET CABLE BOTH CABLE (WIFI/OPEN PAY)
FAREBOX HEIGHT 31 INCHES
EXTERNAL CABLE J1708
TRIM (OR) PRINTER MAGNETIC
WIFI DUAL BAND (SEL. ETH CABLES)
BARCODE READER YES
CASHBOX HEIGHT SUPER SHORT
Delivery date: 04/03/2024
Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:04/03/2024 Sales Representative: Josh Moskowitz Phone:
Email:
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
Genfare Price Quotation Summary Terms & Conditions: All prices are valid for 90 days from the Document Date unless otherwise noted above.
Delivery will be made within 120 After Receipt of Order (ARO) unless otherwise noted above. Prices do not include any state or local taxes or freight charges unless specifically listed. Regardless of any taxes included above, applicable taxes due are determined as of the date of sale. All price quotations are subject to and shall be governed solely and exclusively by the Genfare Standard Terms And Conditions Of Sale, a copy of which is attached and incorporated herein.
Sales Quotation
Sold-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Ship-To-Party
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
End User
City of Roseville
316 Vernon Street, Suite 150
Roseville CA 95678
Information
Sales Quote No. 5047093
Document Date 03/14/2024
Customer No. 447
Currency USD
Contact Name
Phone 916-774-5293
FAX
EMAIL [email protected]
Validity Start Date 03/14/2024
Validity End Date 09/30/2024
Req Ship Date 03/14/2024
Item Material Quantity Price Amount
20 J1708 LICENSE 9 EA 190.00 USD 1,710.00 J1708 INTERFACE SOFTWARE LICENSE
Delivery date: 04/03/2024
30 INSTALL_FAREBOX 9 EA 700.00 USD 6,300.00
ON-SITE FAREBOX INSTALLATION
Tax 1 EA 54.25 USD 488.25
Delivery date: 04/03/2024
40 FREIGHT 1 EA 900.00 USD 900.00
FREIGHT
Delivery date: 03/14/2024
----------------------------------------------------
Gross Value: 184,734.00
Total Tax: 14,114.61
Final Amount: 198,848.61
Customer Signature: ___________________________________ Date: _________________ Signature: _______________________________ __________________ Date:04/03/2024 Sales Representative: Josh Moskowitz Phone:
Email:
Genfare, LLC
800 Arthur Ave
Elk Grove Village, IL 60007
Ph: (847) 593-8855
GENFARE STANDARD TERMS AND CONDITIONS OF SALE
1. GENERAL. . Unless otherwise agreed in writing by Genfare, the Quotation, these Terms and Conditions of Sale (including the attached Warranty), the Order Acknowledgment (if issued) and the Software License (for any licensed Software), constitute the entire agreement between Genfare and Customer (the "Agreement") and are the exclusive terms and conditions governing the underlying order and shall apply in precedence over any such other terms and conditions, or otherwise under any applicable law. The Software is licensed to Customer under the Genfare Software License in effect at the time of purchase of such Software. Genfare's Services Agreement shall be the sole document governing any Software subscriptions purchased by Customer from Genfare. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER ARE OBJECTED TO BY GENFARE AND SHALL NOT BE EFFECTIVE OR BINDING AS TO GENFARE UNLESS AGREED TO IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF GENFARE. Genfare shall sell to Customer, and Customer shall purchase from Genfare, the equipment identified in the Quotation (the "Equipment") and a license to certain software identified in the Quotation or embedded in the Equipment (the "Software") in accordance with the Agreement (the Equipment and Software collectively referred to as the "Products"). Genfare accepts Customer's purchase orders for Products and agrees to deliver the Products to Customer only on the terms of the Agreement.
Genfare's acceptance of Customer's purchase order is expressly made conditional on Customer's assent to the Agreement. No variation of the Agreement shall be binding unless agreed to in writing by authorized representatives of Genfare and Customer. The following provisions of these Terms and Conditions of Sale shall survive termination of the Agreement for whatever reason: Sections 1, 3, 6, 7, 8, 9, 11, 12, 15 and 16.
2. SHIPPING & INSURANCE Genfare shall arrange shipping and insurance and shall bill Customer for the Products with the shipping and insurance costs as separate items, on an invoice ("Invoice"). Subject to other provisions of the Agreement, Genfare shall ship the Products to Customer on the agreed upon Shipping Date.
3. TERMS OF PAYMENT. Genfare may require certain payments to be made prior to delivery of Products or other services. Notwithstanding the preceding sentence, Customer shall pay for all Products, fees, shipping, insurance, and where agreed, all duties and taxes net 30 days from date of Invoice. However, if the parties have agreed that the Products are to be installed by Genfare, Customer shall pay 90% of the total cost of each Product upon shipping of the Product and 10% upon installation of the Product. All services are invoiced at 100%. If Customer fails to pay any Invoice when due, Genfare may, without prejudice to any other remedy, postpone shipments, alter payment terms, terminate the Agreement and charge interest on all overdue amounts at the rate of 1.5% per month compounded monthly (or if less, the maximum rate allowed by law). Upon demand, Customer shall pay all such interest charges and all reasonable collection fees, including reasonable legal expenses.
4. TRANSFER OF TITLE AND RISK OF LOSS; DELIVERY.All products willbe shipped FOB Destination. Risk of loss and title to all Products shall pass to Customer, free of encumbrances, at the time of delivery to Customer's destination.
Genfare will endeavor to meet any estimated or firm delivery dates requested by Customer, but shall not be liable in damages or otherwise, nor shall Customer be relieved of performance under the Agreement, because of failure to meet them.
5. CHANGES TO SPECIFICATIONS. Genfare may, without notice to Customer, make changes to the specifications of the Products which do not materially affect the quality or performance of the Products.
6. ACCEPTANCE, RETURNS AND EXCHANGES. The Products and services shall be deemed accepted, and any attempt by Customer to reject an order or shipment of Products shall be waived and not enforceable, unless: (i) Customer has promptly inspected the Products and services, and written notice from Customer of any defect has been received by Genfare within thirty (30) days following any delivery of Products or performance of services. The return of defective Products is covered by the Warranty as described in Attachment A.
Return/Exchange Procedures. Customer may only return a Product which is not defective if: (a) the Product does not correspond to the Products ordered in the Agreement (a "Return"), or (b) the Product has been ordered in error by the Customer and Genfare has granted written permission to Customer to remedy its mistake by ordering the correct equipment or software and returning the Product (an "Exchange"). The party liable for all shipping, insurance and any other expenses incurred by Customer in returning the Product pursuant to the preceding sentence and for all loss or damage to the Product until received by Genfare, shall be Genfare for Returns and Customer for Exchanges. If Customer returns the Product in accordance with these Procedures in an undamaged condition, in the original configuration and, where appropriate, in the original packing, before the later of: (i) 21 days after the date of the Invoice for that Product; and (ii) the date of substantial completion of installation of the Product by Genfare, Genfare shall: (A) for Returns, issue a credit to Customer for the full Invoice price of the returned Product; or (B) for Exchanges, issue a credit to Customer for the full Invoice price of the returned Product less: (I) a restocking fee of 25% of the Invoice price; and (II) the original shipping and insurance cost as shown on the Invoice. If Customer does not comply with the Procedures in this Section for Returns and Exchanges, Customer shall pay the full amount of the Invoice.
7. CUSTOMER POSTPONEMENT OF SCHEDULED SHIPPING DATE. If Genfare receives a request from Customer to delay the Shipping Date (a) 30 days or more prior to the Shipping Date, Genfare may postpone the Shipping Date and may charge Customer 2% of the net Agreement total for each full or partial month the Shipping Date is delayed or (b) less than 30 days prior to the Shipping Date, Genfare may treat the Agreement as canceled and may bill Customer in accordance with the provisions of Section 8.
8. CANCELLATION. If Customer cancels an Agreement before the Shipping Date, Genfare may charge Customer a cancellation charge calculated by multiplying the following applicable percentage by the Agreement total (as shown on the Quotation/Order Acknowledgment): (a) if cancelled 40 business days or more before Shipping Date, the applicable percentage is 25%, and (b) if cancelled 39 business days or less before Shipping Date, the applicable percentage is 50%. In addition to the applicable percentage charge, if Customer cancels all or part of the order without cause, Customer will reimburse Genfare for (i) Genfare's expenses incurred to fulfil the order through the cancellation date, including, without limitation, materials and labor. If Customer's order includes special order Products or vendor Products, Genfare may also charge, in addition to the other amounts set forth in this Section 8, (A) for special order Products, 100% of the amount shown on the Quotation/Order Acknowledgment for that Product; and (B) for vendor Products, the lesser of 100% of the cost to Genfare of vendor Product; or, if the vendor accepts the return of its Product the restocking charge levied by the vendor. Customer shall pay all cancellation charges within 30 days of receipt of Invoice.
9. FORCE MAJEURE. To the extent that either party is not able to perform an obligation under this Agreement due to fire, flood, acts of God, severe weather conditions, strikes or labor disputes, war or other violence, acts of terrorism, any law or order of any governmental agency, or other cause beyond that party's reasonable control ("Force Majeure"), that party may be excused from such performance so long as such party provides the other party with prompt written notice describing the condition and takes reasonable steps to avoid or remove such causes of nonperformance and promptly continues performance whenever and to the extent such causes are removed.
10. INSTALLATION. If installation is purchased, Customer shall complete all of the action necessary to prepare Customer's premises for the installation of Products prior to the scheduled installation date. If Customer complies with the preceding sentence, Genfare's authorized technicians shall commence the installation of Products on the scheduled installation date. Genfare may invoice Customer for an amount in addition to the installation charge specified on the Quotation/Order Acknowledgment if Genfare incurs additional installation costs as a result of Customer's failure to have the site, other manufacturers' equipment or Products ready for Genfare's technicians on the scheduled installation date.
11. WARRANTY. All Products are covered by Genfare's Standard Warranty as described in Attachment A attached hereto and incorporated herein.
12. WAIVER OF CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY. Notwithstanding anything in this Agreement to the contrary, to the fullest extent permitted by applicable law, Genfare will not be liable for damages related to any business interruption or loss of profit, increased operating costs, anticipated savings, data, contract, goodwill or the like or for incidental, special, indirect or consequential damages of any nature under any theory of relief, including, without limitation, breach of warranty, breach of contract, tort (including negligence), and strict liability, arising out of or related to Seller'sacts or omissions. Under no circumstances shall Genfare's liability to Customer exceed the contract price for the specific goods and services upon which such liability is based. Any action for breach of contract or otherwise must be commenced within one (1) year after the cause of action has accrued.
13. INDEMNIFICATION. Genfare agrees to indemnify and hold harmless Customer, its elected and appointed officers and employees, from and against any and all claims, demands, defense costs, liability or damages brought by third parties and to the extent arising solely from: (a) personal injury or property damage resulting directly from Genfare's (or Genfare's subcontractors, if any), negligent acts, errors or omissions or willful misconduct or (b) any actual infringement by Genfare of a patent, trademark, copyright, trade secret or other intellectual or proprietary rights regarding the Products (except to the extent resulting from Customer's combination of Genfare's products with other products or services not provided by Genfare). Notwithstanding the foregoing, there shall be no indemnification hereunder by Genfare as to any losses caused by the negligence or fault of Customer or any of its officers, employees or agents. If Customer shall claim indemnification hereunder, Customer shall notify Genfare in writing of the basis for such claim or demand setting forth the nature of the claim or demand in reasonable detail. Genfare agrees to assume the defense of any such claim and to defend the same at Genfare's expense. The parties agree to reasonably cooperate with each other on any such claims. If the Customer desires to participate in the defense, then Customer shall have the right to do so through counsel of its own choosing, provided that Customer will be responsible for all of its costs in so doing.
14. INSURANCE. Genfare shall maintain insurance coverage consistent with its existing programs but shall not name Customer as an additional insured nor will Genfare or its insurers be obligated to waive any rights of subrogation Genfare or such insurers may have against Customer or its affiliates. Genfare shall use commercially reasonable efforts to provide Customer with written notice of cancellation of any applicable policy thirty (30) days prior to the effective cancellation date of such policy, but failure to do so shall impose no obligation or liability upon Genfare or its insurers, agents or representatives. Genfare shall provide Customer with its standard certificate of insurance upon request.
15. NOTICE. All requests, instructions and notices from one party to the other must be in writing and may be given via registered post or facsimile transmission to the address of the parties shown on the Quotation/Order Acknowledgment.
16. MISCELLANEOUS. No waiver by Genfare of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. Any provision of the Agreement which is, or is deemed to be, unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement, and that unenforceability shall not make that provision unenforceable in any other jurisdiction. The rights which accrue to Genfare by virtue of the Agreement shall endure for the benefit of and be binding upon the successors and assigns of Genfare. The Agreement shall be governed by the laws of the State of Illinois, however Genfare may enforce the provisions of the Agreement in accordance with the laws of the jurisdiction in which the Products are situated. The United Nations Convention on the Sale of Goods (the Vienna Convention) shall not apply to the Agreement.
ATTACHMENT A- WARRANTY
1. DEFINITIONS
a) Customer shall mean any individual, entity, business, or transit agency that purchases Genfare's goods, services, and/or software. b) Documentation shall mean the manuals, guides, or other applicable materials provided by Genfare to the Customer. c) Equipment shall mean new Genfare supplied equipment, firmware embedded on the Genfare supplied equipment, and spare parts. d) Equipment Operating Instructions means the instructions for use, maintenance, storage, and repair in the applicable Genfare Equipment Manual. e) Equipment Warranty Period shall apply as follows:
i. Equipment:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) twelve (12) months thereafter for equipment purchases; and (z) six (6) months for Equipment repaired during the Warranty Period or the remaining original warranty period if greater than (6) months ii. Genfare's Mid-Life Upgrade and/or Reconditioning Program:
1. Begins the earlier of the date of delivery of the Equipment if the equipment is not to be installed, (b) the date of installation by Genfare, or Genfare approved technician if Genfare (or a Genfare approved technician) is completing the installation, and shall end (w) six (6) months thereafter; and (z) three (3) months for items repaired during the Warranty Period or the remaining original warranty period if greater than three (3) months. iii. Spare Parts:
1. Begins upon delivery of Spare Parts and shall end six (6) months thereafter. f) Genfare Equipment Manual means the manual and/or guides developed by Genfare and made available to a Customer which describe the products, services, and/or software, including proper care and maintenance of such products, services, and/or software.
g) Genfare Service Center shall mean the Genfare repair facility specified by an authorized Genfare representative. h) Hotfix shall mean a single, cumulative package that includes information that is used to address a problem within the Software. i) Services means technical, training, maintenance, or other services performed by Genfare or an authorized Genfare representative. j) Services Warranty Period shall begin upon the completion of the Services and end thirty (30) days thereafter. k) Software means all original and software updates purchases of Genfare supplied software. l) Software Warranty shall mean licensed software, but excludes any warranty provided under an applicable subscription and services agreement purchased by Customer. m) Software Warranty Period shall begin upon the earlier of (a) the date the Software is made available to the Customer for User Acceptance Testing or (b) date the Software is placed in the production and shall end ninety (90) days thereafter.
n) Third Party Purchase Warranty Period shall mean the date on which Customer receives the Equipment from Customer's third party bus manufacturer or other third party vendors and ending twelve (12) months from such date. o) Warranty shall mean all applicable warranties purchased by the Customer under this Agreement. p) Warranty Period shall mean the applicable Equipment Warranty Period, Third Party Purchase Warranty Period, the Software Warranty Period, and the Services Warranty Period.
2. GENERAL TERMS
a) Subject to the provisions of the Equipment Warranty, Genfare warrants that the Equipment shall conform to the specifications in the Genfare documentation in all material respects and that the equipment shall be free from material defects in materials and workmanship.
b) Genfare warrants that the Services and Software shall materially conform to the specifications in the then-current Documentation. c) It is understood that the costs of discovery of the problem associated with any Warranty and, to the extent applicable, the costs associated with the removal and installation of the defective part shall be the responsibility of Customer.
3. RETURN OF EQUIPMENT UNDER WARRANTY
a) If an item of Equipment malfunctions or fails in normal use within the applicable Warranty Period:
b) Customer shall promptly notify Genfare of the problem, the original sales order number, and the serial number, if applicable, of the defective item; i. Genfare shall, at its option, either resolve the problem over the telephone or via email, or provide Customer with a Return Material Authorization ("RMA") to ship the defective item to Genfare; ii. if Genfare provides Customer with an RMA to ship the defective item to Genfare, Customer shall include, in the RMA, a description of the fault. Customer shall, at its cost, properly pack the item to be returned, prepay the insurance and shipping charges, and ship the item to the specified Genfare Service Center with a copy of the RMA; Parts or Equipment damaged during shipment that were not properly packaged are the responsibility of the customer. The return label must include the RMA number with attention to Repair Center. Genfare reserves the right to return items sent to the Genfare Service Center without an RMA and Customer will reimburse Genfare for its costs in returning the items. iii. Genfare shall, at Genfare's option, either repair or replace the returned item. The replacement item may be new or refurbished; if refurbished, it shall be equivalent in operation to new Equipment. If a returned item is replaced by Genfare, the Customer agrees that the returned item shall become the property of Genfare; iv. Genfare shall, at its cost, ship the repaired item or replacement to the Customer. If the Customer has requested express shipping, the Customer shall pay Genfare an expediting fee. c) A failure is defined as a device or component in the Equipment that is inoperative and/or unsuitable for the intended purpose. d) It is understood that Genfare shall be responsible for the costs of all materials and labor, except as provided herein.
4. TECHNICAL ASSISTANCE
During the applicable Warranty Period, Genfare shall provide the Customer with Technical Support via phone or email. All communication is to be routed through Customer Care at 847-871-1231, 847-593-8855, or [email protected]. A case will be created for each inquiry that will be followed through resolution. Technical Support is included throughout the Warranty Period. Customer understands that ongoing Technical Support is the Customer's responsibility and that if a Support Agreement is not secured prior to the expiration of the Warranty Period, Customer is agreeing to support at Genfare's then-current time and materials rates or as otherwise quoted by Genfare.
5. UPDATES
During the applicable Software Warranty Period, Genfare shall, at no charge, provide Customer with non-feature software updates to the version of Software installed at the Customer's location and, if the Equipment is sent to Genfare for Warranty repair, those revision level updates deemed necessary by Genfare. Non-feature software updates and revision level updates do not generally include additional equipment, such as hardware memory, which enables the upgrades to function in the existing Equipment of Customer. Customer may purchase this additional equipment from Genfare. Updates will be provided based on compatibility and based on Genfare's reasonable determination that a Software update will resolve an issue the Customer is experiencing. Genfare reserves the right to provide Customer with a Hotfix to resolve an issue between scheduled releases. Any firmware provided by Genfare to Customer is recommended to be tested in a user acceptance testing environment prior to deployment to Customer's production environment, Genfare's warranty does not cover issues experienced by Customer where Customer deployed firmware to Customer's production environment without first testing in the user acceptance testing environment.
6. DEFAULT AND TERMINATION
Genfare may suspend or immediately terminate this Warranty and all of its performance under this Warranty, upon notification to Customer, if Customer: (a) makes any unauthorized modifications to the Equipment or Software; (b) purchases non-OEM supplied parts during the warranty period (c) does not regularly perform preventative maintenance and is unable to show service records or other documentation reasonably requested by Genfare; (d) uses an unauthorized repair facility; (e) assigns or transfers the Customer's rights or obligations under this Warranty without the prior written consent of Genfare; (f) becomes bankrupt or insolvent, or is put into receivership; or (g) has not paid Genfare all amounts for services, advance replacement parts supplied under this Warranty, or other additional charges within thirty (30) days of receipt of written notice from Genfare. If this Warranty is terminated by Genfare, Customer shall remain liable for all amounts due to Genfare. If Genfare suspends the warranty under Section 6(a), 6(b), 6(c), or 6(g), Customer will have the opportunity to cure and must do so within ninety (90) days of Genfare providing notice to Customer. If Customer does not cure within the allotted period, the warranty will terminate upon expiration of the cure period. To cure, Customer must remedy the default in the manner required by Genfare in Genfare's notice of default to Customer. The term of Customer's Warranty Period will continue to run during any cure period.
7. LIMITATIONS AND QUALIFICATIONS OF WARRANTY
This Warranty does not apply to normal consumable items, items which are replaced in usual and scheduled preventative maintenance such as ball bearings, belts, batteries, cables, gears, rollers etc.(a full listof consumable items can be provided upon request) nor does it apply to any damage, defect or failure caused by:
a) any part of the Equipment or Software having been modified, adapted, transported or relocated by any person other than Genfare personnel, a Genfare authorized service agent or Genfare approved technician without Genfare's prior written consent;
b) improper installation, operation or maintenance by Customer or a third party; c) storage or environmental characteristics which do not conform to the applicable sections of the appropriate Genfare Equipment Manual; d) failure to conform with the Equipment Operating Instructions in the applicable Genfare Equipment Manual or the Minimum System Requirements for the Network Manager or Server (including failure to perform regular backups); e) inaccurate or incomplete information or data supplied or approved by Customer; f) external causes, including external electrical stress or lightning, or use in conjunction with incompatible equipment, unless such use was with Genfare's prior written consent; g) cosmetic damage (including graffiti);
h) accidental damage, negligence, neglect, mishandling, abuse or misuse, other than by Genfare personnel, a Genfare authorized service agent or Genfare approved technician; or i) Force Majeure (as defined in Genfare's Terms and Conditions of Sale); j) Customer implementing a software update without having a User Acceptance Testing environment available prior to implementation of the software update k) Improper or inadequate testing of a software update or release in Customer's User Acceptance Testing environment prior to implementation of such software update or release in Customer's production environment.
8. LIMITATION ON DAMAGES
a) THE WARRANTY STATED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE WARRANTY AND SOLE AND EXCLUSIVE REMEDY FOR THE EQUIPMENT, SOFTWARE, AND/OR SERVICES. GENFARE SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, AND NONINFRINGEMENT. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." GENFARE DOES NOT WARRANT THAT: (1) OPERATION OF ANY OF THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE, (2) FUNCTIONS CONTAINED IN THE SERVICES AND SOFTWARE SHALL MEET THE CUSTOMER'S REQUIREMENTS, OR (3) THE SERVICES OR SOFTWARE SHALL OPERATE IN COMBINATION WITH (I) OTHER HARDWARE OR SOFTWARE OTHER THAN HARDWARE AND SOFTWARE EXPRESSLY APPROVED OR RECOMMEND BY
GENFARE IN WRITING, OR (II) UNSUPPORTED VERSIONS OF THE SOFTWARE b) EXCEPT AS OTHERWISE EXPRESSLY AGREED BY THE PARTIES, GENFARE SHALL NOT BE LIABLE IN TORT, INCLUDING LIABILITY IN NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR PROPERTY. GENFARE'S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY UNDER OR IN CONNECTION WITH THE EQUIPMENT SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT. c) EVEN IF GENFARE HAS BEEN ADVISED OF THE POSSIBILITY OF THEM, GENFARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND.
COUNCIL COMMUNICATION
CC #:
3338
File #:
0203-04
Title:
Building Control System Services - Sole Source Contract Purchase Agreement Contact:
Darci Carpenter 916-774-5702 [email protected]
Meeting Date: 6/5/2024
Item #: 6.9.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution approving a sole source contract purchase agreement with Sacramento Cooling Systems dba L&H Airco, LLC and authorizing the City Manager to execute it. The initial contract value is projected at $300,000, subject to not-to-exceed annual budgeted amounts. Additionally, staff requests authorization for up to four (4) optional one-year renewals of the sole source contract, pending sole source verification, without further Council approval, contingent upon the approval of the relevant budget for those fiscal years or until City staff determines that continuing with the same vendor is not in the City’s best interest.
BACKGROUND
The City of Roseville has standardized on the Alerton Building Control Systems since 1991.
These control systems manage air conditioning and heating throughout the City's facilities. Since that time, the City Council has authorized purchase agreements with L&H Airco, LLC, a sole source vendor, to provide maintenance, repair, installation of hardware, and for the software programming of Alerton Building Control Systems.
FISCAL IMPACT
The initial contract purchase agreement is $300,000, not to exceed annual budgeted amounts.
Funding for this agreement is allocated in the proposed FY2024-25 budget within the Facility Services Fund and Facility Rehabilitation Fund. The proposed budgeted amounts for subsequent optional years are as follows: FY2025-26, $300,000, FY2026-27, $300,000, FY2027-28, $300,000, and FY2028-29, $300,000.
ENVIRONMENTAL REVIEW
The proposed contract purchase agreement involves maintenance and repair of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Respectfully Submitted,
Darci Carpenter, Administrative Technician
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-153
CPA 3003623 - L&H AIRCO
Notice of Exemption
RESOLUTION NO. 24-153
APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND SACRAMENTO COOLING SYSTEMS, INC. DBA L&H AIRCO, LLC,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a contract purchase agreement (3003623) for citywide Alerton building control systems and parts, installation, maintenance and repair services, by and between the City of Roseville and Sacramento Cooling Systems, Inc. dba L&H Airco, LLC, has been reviewed by the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement is approved and the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute four (4) additional one (1) year renewal without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:
__________________________
City Clerk
Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Building Control Service Systems – Contract Purchase Agreement
Project Location(s): City-owned and operated facilities
Project Description : Public Works staff recommends Council adopt a resolution approving a sole source contract purchase agreement with Sacramento Cooling Systems dba L&H Airco, LLC, as well as authorization for up to four (4) optional one-year renewals of the sole source contract.
The City of Roseville has standardized on the Alerton Building Control Systems since 1991. These control systems manage air conditioning and heating throughout the City's facilities. Since that time, the City Council has authorized purchase agreements with L&H Airco, LLC, a sole source vendor, to provide maintenance, repair, installation of hardware, and for the software programming of Alerton Building Control Systems. Work would occur within existing City-owned and operated facilities as part of ongoing maintenance and keeping the City’s air conditions and heating systems and technology up to date.
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project: City of Roseville Public Works Department
Reason why this Project is Exempt: This project qualifies for a Class 1 E xemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 1 consists of the …. Repair, maintenance, … or minor alteration of existing public facilities, ….involving negligible or no expansion of existing or former use…. Examples include but are not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances…”
The project is generally confined to within existing City facilities and on City property and would not result in expansion of use. No environmentally sensitive resources are loc ated within any of the properties ; therefore the Class 1 exemption is applicable to the proposed project.
Lead Agency Contact Person: Darci Carpenter, Public Works Department – Facility Services, 2005 Hilltop Circle, Roseville, CA 95747. (916) 774-5702.
Signature: Date: 4/30/2024
Jessica Lynch, Environmental Coordinator
City of Roseville
COUNCIL COMMUNICATION
CC #:
3361
File #:
0900-04
Title:
Zero Emission Bus Depot Project – Increase in Change Order Authority Contact:
Andre Baranov 916-774-5342 [email protected]
Meeting Date: 6/5/2024
Item #: 6.10.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve an increase of 5% (or $191,869.50) construction change order authority to cover construction change orders needed to complete the project, address changing project demands, and cover the cost of additional work discovered as part of the existing conditions.
BACKGROUND
The California Air Resources Board (CARB) adopted the Innovative Clean Transit (ICT) rule in December 2018. The ICT rule requires all public transit agencies to gradually transition to a 100 percent zero-emission bus (ZEB) fleet. In consideration of the ICT, the City Council accepted the Roseville Transit Zero-Emission Business Plan on May 20, 2020. The Zero Emissions Bus Depot Project (Project) was identified in the ZEB Plan as a needed project to accommodate the five electric buses approved for purchase by the City Council on August 4, 2021, and future electrification of the transit fleet.
The Project is funded with Local Transportation Funds, the Electric Fund, Air Quality Mitigation Funds, Low Carbon Transit Operations Program Grant monies, Placer County Air Pollution Control District Grant monies, and American Rescue Plan Act funding.
The approved total project
budget is $5,202,054.
The Project is constructed in the center of the City's corporation yard on Hilltop Circle where 45 light duty vehicle stalls adjacent to a lawn area was converted to 30 bus stalls and 72 new light duty parking stalls. Part of Phase 1 of the project, nine of the bus stalls and 10 light duty were provided with the project.
The remaining bus and light duty vehicle stalls will have the electrical infrastructure installed to allow for the future electrification of the remaining stalls as the need arises.
Construction of the Project began in late summer 2022 and is anticipated to be completed summer of 2024. Construction of the Project was awarded at the July 20, 2022 Council meeting to Dutch Contracting, Inc. for a total of $3,837,390.00, and Council authorized change order authority of 10% (or $383,739).
Through the course of construction, changing project demands and additional work discovered as part of the existing conditions required a greater number of change orders than originally anticipated. Therefore, staff is recommending that the City Council approve an increase to the change order authority of an additional 5%, or $191,869.50.
FISCAL IMPACT
There are adequate funds in the Project budget to fund the increase in change order authority ($191,869.50), and no budget adjustments are proposed. No General Fund resources will be used for the Project.
ENVIRONMENTAL REVIEW
The Zero Emissions Bus Depot Project was evaluated in a previous Notice of Exemption, approved by the City Council on February 16, 2022. The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of an increase to the change order authority meets the above criteria and is not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Andre Baranov, Project Supervisor
Jason Shykowski, Public Works Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-167
CEQA Exemption
RESOLUTION NO. 24-167
APPROVING AN INCREASE IN CHANGE ORDER AUTHORITY
WHEREAS, on May 20, 2020, the City Council accepted the Roseville Transit Zero- Emission Business Plan, which included the Zero Emissions Bus Depot Project (Project); and
WHEREAS, construction of the Project began in late summer 2022 and is anticipated to be completed summer of 2024; and
WHEREAS, through the course of construction, changing project demands and additional work discovered as part of the existing conditions required a greater number of change orders than originally anticipated; and
WHEREAS, staff is requesting that the City council approve an increase of 5% to the change order authority, for an additional $191,869.50 for the Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the City Manager or his designee is authorized to approve change orders for the project, consistent with the contract terms, provided that the net cost of all change orders shall not exceed 15% or $575,608.60.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
COUNCIL COMMUNICATION
CC #:
3358
File #:
0203-04
Title:
Generator Repair - Sole Source Contract Purchase Agreement Contact:
Blaine Wiegel 916-746-1833 [email protected]
Meeting Date: 6/5/2024
Item #: 6.11.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a sole source, contract purchase agreement with Bay City Equipment Industries Inc dba Bay City Electric Works for repair services to the Environmental Utilities Wastewater Treatment Plants' emergency backup generators.
Additionally, staff also requests authority for the City Manager or his designee to execute four (4) additional one (1) year renewals without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City's best interest.
BACKGROUND
Staff have standardized backup emergency power with Kohler generators at the Pleasant Grove Wastewater Treatment Plant and Dry Creek Wastewater Treatment Plant. Our wastewater treatment plants must be able to operate 24 hours a day due to the overall flow entering the plant and processes that maintain compliance regulations; therefore, the generators are required to run when power outages occur. Regular maintenance and repair of the generators is necessary to ensure the generators are reliable and available to run when needed. Bay City Electric Works is the Kohler factory-certified representative for the service and repair of their commercial generators and controls.
FISCAL IMPACT
The estimated cost of service and repairs is $200,000 per year with a not-to-exceed amount of $1,000,000 over five years. Funding will be provided from the approved annual Environmental Utilities Department's Wastewater Operations Fund budget.
ENVIRONMENTAL REVIEW
The project qualifies for a Class 1 Categorical Exemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states: “Class 1 (Existing Facilities) consists of the …repair [and] maintenance… of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The project consists of a sole source contract for ongoing repair services for the emergency backup generators currently used at the Dry Creek and Pleasant Grove WWTPs and would be used for repair and maintenance as needed. The project would not result in expansion of use.
Consequently, the Class 1 Categorical Exemption applies.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth
Respectfully Submitted,
Blaine Wiegel, Preventative Maintenance Coordinator
Richard Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Resolution 24-165
Contract
CEQA Exemption
RESOLUTION NO. 24-165
APPROVING A SOLE SOURCE CONTRACT PURCHASE AGREEMENT, BETWEEN THE CITY OF ROSEVILLE AND BAY CITY EQUIPMENT INDUSTRIES, INC. DBA BAY CITY
ELECTRIC WORKS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT
ON BEHALF OF THE CITY OF ROSEVILLE
WHEREAS, a sole source contract purchase agreement (3003600) for as-needed generator repair at the City of Roseville’s Wastewater Treatment Plants, between the City of Roseville and Bay City Equipment Industries, Inc. dba Bay City Electric Works, has been reviewed by the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute four (4) additional one (1) year renewal without further City Council approval, provided that the applicable budget is approved by the City Council each year, or until City staff determines that continuing with the same vendor is not in the City’s best interest.
PASSED AND ADOPTED by the Council of the City of Roseville this day of , 2024, by the following vote on roll call:
AYES COUNCILMEMBERS:
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
MAYOR
ATTEST:
City Clerk
Contract Purchase Agreement 3003600
Supplier Details:
Company Bay City Equipment Industries Inc dba Bay City Electric Works Contact Edward Doty
Address 322 Lindbergh Ave
Livermore, CA 94551
Submit your response to:
Company City of Roseville
Contact Tiffany Valdez
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1109
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.
Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.
The following guidelines must be followed for the signature block on the agreement:
Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.
Insurance requirements:
The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 Contract Purchase Agreement 3003600
Agreement 3003600
Agreement Date 04-APR-2024
Revision 0
Agreement Amount 200,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Bay City Equipment Industries Inc dba Bay
City Electric Works
322 Lindbergh Ave
Livermore, CA 94551
Phone:
Fax:
Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:
Fax:
Email:
(566) 938-8200
()
[email protected]
Description of
Labor,
equipment
and/or materials
VENDOR SHALL PROVIDE FACTORY-CERTIFIED MAINTENANCE AND REPAIR
SERVICES TO THE EMERGENCY BACKUP GENERATORS AT THE CITY OF
ROSEVILLE'S WASTEWATER TREATMENT PLANTS ON AN AS-NEEDED BASIS IN ACCORDANCE WITH THE ATTACHED BAY CITY ELECTRIC WORKS RATE SHEET.
ALL WORK MUST BE QUOTED AND APPROVED IN ADVANCE BY AN AUTHORIZED MEMBER OF THE ENVIRONMENTAL UTILITIES WASTEWATER DIVISION.
START DATE: EXECUTED AGREEMENT
END DATE: ONE YEAR FROM EXECUTED AGREEMENT DATE
PLEASE CONTACT BLAINE WIEGEL AT 916-746-1833 OR BY EMAIL AT [email protected] FOR QUESTIONS REGARDING THIS AGREEMENT.
The total cost of service is an approximate value only. The City cannot guarantee whatsoever the actual value of this contract.
Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 15930 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
Tiffany Valdez Phone 1-916-746-1109
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.
2 Contract Purchase Agreement 3003600
Contract Terms and Conditions
1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless City, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of Contractor's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from City's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
2. Contractor is an independent contractor, and shall not be considered an officer, agent or employee of the City.
3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.
4. Time is of the essence of this Agreement.
5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Contractor is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Contractor shall be entitled to all costs reasonably incurred prior to the date of termination. Contractor acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.
6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.
7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.
8. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.
9. All fair employment practices must be adhered to. In addition, if the project referenced on this service agreement is a Public Works project, all prevailing wage laws must be complied with. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir. ca.gov/dlsr/DPreWageDetermination.htm. In compliance with Labor Code Section 1773.2, as may be amended from time to time, Contractor shall cause a copy of this website to be posted at each jobsite, as applicable.
10. Contractor agrees to the below insurance requirements:
a. Unless otherwise specified, the Contractor shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage.
b. Form. Contractor shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management 3 Contract Purchase Agreement 3003600
and the City Attorney.
c. Additional Insureds. Contractor shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional insureds for each type of coverage, except for Workers' Compensation. Such insurance shall specifically cover the contractual liability of Contractor. The additional insured coverage under the Contractor's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.
Furthermore, the requirements for coverage and limits shall be:
(1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
d. Cancellation/Modification. Contractor shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement.
e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subcontractors. Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work. Furthermore, Contractor shall require its subcontractors to agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement.
Additionally, Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors. i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.
11. Contractor shall comply with all federal, state, and local laws and ordinances, including 4 Contract Purchase Agreement 3003600
but not limited to the City's storm water regulations, as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. Refer to www.roseville. ca.us/stormwater for links to more information on the City's storm water regulations.
12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.
13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original hereof.
14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.
16. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.
18. If the project referenced on this agreement is a Public Works project, then the following shall apply: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
19. Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 lbs. and light- duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions and air pollutants. For more information, visit the CARB Advanced Clean Fleet webpage at https://ww2.arb.ca. gov/our-work/programs/advanced-clean-fleets.
20. Contractor/consultant's duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant's participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
21. If the project referenced on this agreement is a Public Works project, then the following 5 Contract Purchase Agreement 3003600
City Reserves the right to withhold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.
General T&C
REV 3/21/24 JS
7 Contract Purchase Agreement 3003600
ATTACHMENT A
HUMAN RESOURCES/RISK MANAGEMENT DIVISION
INSURANCE REQUIREMENTS
AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):
Construction:
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:____
Professional Liability:
$1 Million/occurrence
No auto required
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
8 Contract Purchase Agreement 3003600
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.
How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX. Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.
Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202
9 Rate Sheet
Service contract rates
$200.00 an hour
$4.50 a mile
non contract
Labor Rate $250 per hour
• Travel Mileage $6.95 per mile
• Sales Tax, Fuel Surcharge, Shop Supply, Technology and Mileage Fees may apply.
Notice of Exemption
To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678
Project Title: Generator Repair - Sole Source Annual Contract Purchase Agreement
Project Location(s): Dry Creek Wastewater Treatment Plant (WWTP), 1800 Booth Road, Roseville, CA 95747 (APN 473-040-033-000) and Pleasant Grove WWTP, 5051 Westpark Drive, Roseville, 95747 (APN 017-101-025-000)
Project Description : E nvironmental Utilities staff recommends that the C ity Council adopt a resolution authorizing the City Manager to execute a sole source, contract purchase agreement with Bay City Electric Works for up to five (5) years , for the control repair, parts replacement, and synchronization of emergency backup generators at the Dry Creek and Pleasant Grove Wastewater Treatment Plant (WWTPs). The WWTPs must be able to operate 24 hours a day due to the overall flow entering the plant and processes that mainta in compliance regulations, and regular maintenance and r epair of the generators is necessary to ensure the generators are reliable and available to run when needed. The project would not result in an expansion of use.
Public Agency Approving Project: Roseville City Council
Agency/Individual Carrying Out Project: City of Roseville Environmental Utilities Department
Reason why this Project is Exempt: The project qualifies for a Class 1 Categorical Exemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:
“Class 1 (Existing Facilities) consists of the …repair [and] maintenance… of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.
The project consists of a sole source contract for ongoing repair services for the emergency backup generators curr ently used at the Dry Creek and Pleasant Grove WWTPs and would be used for repair and maintenance as needed. The project would not result in expansion of use.
Consequently, the Class 1 Categorical Exemption applies.
Lead Agency Contact Person: Blaine Wiegel, Preventative Maintenance Coordinator, Roseville Department of Environmental Utilities (916-746-1833).
Signature: Date: 5/22/2024
Jessica Lynch, Environmental Coordinator
City of Roseville
COUNCIL COMMUNICATION
CC #:
3350
File #:
0203-06
Title:
Dell Technology Equipment - Purchase Order
Contact:
Dylan Cook 916-774-5159 [email protected]
Meeting Date: 6/5/2024
Item #: 6.12.
RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a purchase order for the Information Technology Department with Dell Marketing L.P. for computers, laptops, and technology equipment using National Association of State Procurement Officials (NASPO) Dell Marketing L.P. contract #23004, with California Participating Addendum 7-23-70-55-01, which expires on June 30th, 2025.
BACKGROUND
The Information Technology Department (IT) maintains over 1,900 computers across the City to support important business functions. Regular and prompt replacement of aging computers and technology equipment is critical to ensure the effective and efficient operation of City business.
The NASPO Dell Marketing L.P. contract #23004, which expires on June 30th, 2025, is a competitively bid contract to obtain the best pricing available for the City.
FISCAL IMPACT
The total estimated cost for this citywide technology purchase order is $800,000. Funding is included in the proposed FY2024-25 budget for the Information Technology Department and other Departments in the Information Technology Operations Fund.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Purchase orders for computers and technology equipment meet the above criteria and are not subject to CEQA. No additional environmental review is required.
CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Goal F - Invest in a well-planned infrastructure and growth
Respectfully Submitted,
Dylan Cook, Client Services Supervisor
Hong Sae, Chief Information Officer
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
Dell NASPO Master Agreement
California addendum
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Assignment of NASPO Master Agreement 23004 Page 1 of 3
ASSIGNMENT OF NASPO MASTER AGREEMENT 23004
This Assignment Agreement is by and among the State of Minnesota, acting through its Commissioner of Administration (State), Dell Inc., One Dell Way, Round Rock, TX 78682 (Original Contractor), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (Assigned Contractor).
WHEREAS, the State has an agreement with the Original Contractor identified as Contract 23004, effective July 14, 2023, through June 30, 2025 (Contract), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, the Original Contractor wishes to assign all its interests in the Contract to the Assigned Contractor; and WHEREAS, the assignment provision of the Contract provides assignment of the agreement only upon written consent of the State.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. The Assigned Contractor is assigned Contract 23026 to accommodate participating addenda under the Master Agreement.
2. This Assignment Agreement will become effective upon its approval and execution by the parties and approval of the appropriate State officials, pursuant to Minn. Stat. § 16C.05, subd. 2.
3. The State hereby approves the request of the Original Contractor to assign the Assigned Contractor all its interests, rights, and responsibilities, duties, and other provisions set forth in the Contract, which is attached and incorporated as Exhibit A, provided the Original Contractor and the Assigned Contractor agree to all provisions set forth in this Assignment Agreement.
4. Representations and Warranties:
a. The Original Contractor represents and warrants to the State that it is not in default of any of its obligations under the Contract.
b. The Assigned Contractor represents and warrants to the State that: (i) as of the effective date of this Assignment Agreement, the Assigned Contractor will have received sufficient information, right to technology, and key personnel sufficient to properly perform the duties, responsibilities, obligations, and all other provisions assigned to it, and (ii) the Assigned Contractor is ready, willing, and able to perform all of the duties, obligations, and responsibilities of the Contract. c. The representations and warranties set forth in this Section 4 are for the sole benefit of the State and its permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity (including the Original Contractor and the Assigned Contractor) any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Assignment Agreement.
5. The Assigned Contractor accepts assignment of all of the provisions of the Contract.
6. Any and all amounts due to the Original Contractor by a Participating Entity for goods or services provided by the Original Contractor prior to July 14, 2023, under the Contract will be paid to the Original Contractor by the Participating Entity. Any and all amounts due under the Contract on or after July 14, 2023, will be paid to the Assigned Contractor by the Participating Entity and the Original Contractor.
7. When applicable, payment for remaining work and travel expenses from the Contract will be paid at the rates set in the Contract. The amount to be paid to the Assigned Contractor will not exceed the Contract’s total costs, minus the DocuSign Envelope ID: F019BE07-AEF0-4A14-B979-8BB85953FE52
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Assignment of NASPO Master Agreement 23004 Page 2 of 3
total payments made to the Original Contractor.
8. If applicable, the Assigned Contractor will provide proof of insurance with the coverage and in the amounts called for in the original solicitation document, attached herein.
9. If applicable, the Assigned Contractor will provide a copy of its Affirmative Action Certification as approved by the Minnesota Department of Human Rights.
10. If applicable, the Assigned Contractor will provide a copy of its Equal Pay Certification as approved by the Minnesota Department of Human Rights.
This Assignment Agreement is effective upon the date that the final required signatures are obtained.
IN WITNESS WHEREOF, the parties have caused this Assignment Agreement to be duly executed intending to be bound thereby.
1. ORIGINAL CONTRACTOR
Dell Inc.
The Original Contract Vendor certifies that the appropriate person(s) have executed this document on behalf of the Contract Vendor as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Title:
Date:
3. OFFICE OF STATE PROCUREMENT
In accordance with Minn. Stat. §16C.03, Subd. 3.
By:
Signature
Printed Name
Title:
Date:
2. ASSIGNED CONTRACTOR
Dell Marketing L.P.
The Assigned Contract Vendor certifies that the appropriate person(s) have executed the Contract on behalf of the Contract Vendor as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
Or delegated representative.
By:
Signature
Printed Name
Title:
Date:
DocuSign Envelope ID: F019BE07-AEF0-4A14-B979-8BB85953FE52 Christopher Alan Garcia
Asst. Corp Secretary & SVP Legal
9/7/2023
ParaLegal Advisor
9/7/2023
Katherine Castillo
Elizabeth M. Randa
9/7/2023
Acquisition Management Specialist
Andy Doran
9/7/2023
IT Acquisitions Supervisor
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Assignment of NASPO Master Agreement 23004 Page 3 of 3
EXHIBIT A: CONTRACT
Attached and incorporated into Exhibit A is the following document(s):
• NASPO Master Agreement 23004.
DocuSign Envelope ID: F019BE07-AEF0-4A14-B979-8BB85953FE52
NASPO ValuePoint Master Agreement No.: 23004
This Contract is between the State of Minnesota, acting through its Commissioner of Administration (“Lead State”) and Dell Inc., whose designated business address is One Dell Way, Round Rock, TX 78682 (“Contractor”). State and Contractor may be referred to jointly as “Parties.”
Recitals
1. The State of Minnesota, Department of Administration, Office of State Procurement, on behalf of the State of Minnesota and NASPO ValuePoint Cooperative Procurement Program (“NASPO ValuePoint”) issued a solicitation to establish Minnesota NASPO ValuePoint Master Agreement(s) (“Contract”) with qualified manufacturers for Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage, including related Peripherals & Services);
2. Contractor provided a response to the Solicitation indicating its interest in and ability to provide the goods or services requested in the Solicitation; and
3. Subsequent to an evaluation in accordance with the terms of the Solicitation and negotiation, the Parties desire to enter into a contract; and
4. All authorized governmental entities in any state or participating US Territory are welcome to use the resulting Master Agreement through NASPO ValuePoint with the approval of the State Chief Procurement Official. Upon final award of the overarching Master Agreement, Contractors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add state specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement.
Accordingly, the Parties agree as follows:
Contract
Term of Contract
Effective date. July 1, 2023, or the date the Lead State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later.
Expiration date. June 30, 2025. This Master Agreement may be extended for up to an additional 36 months, in increments as determined by the Lead State, through a duly executed amendment.
If, in the judgment of the Lead State, a follow-on, competitive procurement will be unavoidably delayed beyond the planned date of execution of the follow-on master agreement, this Master Agreement may be extended for a reasonable period of time, not to exceed six months. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions.
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Representations and Warranties
Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the Lead State is empowered to engage such assistance as deemed necessary.
Contractor warrants that it is duly qualified and shall perform its obligations under this Master Agreement in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, trade, or profession, and in accordance with the specifications set forth in this Master Agreement, to the satisfaction of the Lead State.
Contractor warrants that it possesses the legal authority to enter into this Master Agreement and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Master Agreement, or any part thereof, and to bind Contractor to its terms.
Awarded Band(s)
The solicitation included three product Bands: Band 1, Personal Computing Devices – Windows Operating Systems:
Desktops, Laptops, Tablets; and Band 2, Personal Computing Devices – Non-Windows Operating Systems: Desktops, Laptops, Tablets; and Band 3, Servers and Storage. The Contractor is awarded the following Band(s):
Band 1, Personal Computer Devices – Windows Operating Systems Band 2, Personal Computer Devices - Non-Windows Operating Systems Band 3, Servers and Storage
Configuration Dollar Limits
The following configuration limits apply to the Master Agreement. Participating Entities may define their configuration limits in their Participating Addendum. The Participating Entity’s Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating Entity will determine with the Contractor how to approve these modifications to the Product and Service Schedule.
The dollar limits identified below are based on a SINGLE computer/system configuration. This is NOT a restriction on the purchase of multiple configurations (e.g., an entity could purchase 10 laptops at $15,000 each, for a total purchase price of $150,000).
ITEM CONFIGURATION
Band One $15,000
Band Two $15,000
Band Three $1,000,000
Peripherals $10,000
Services Addressed in the Participating Addendum
Restrictions
The following restrictions apply to the Master Agreement. A Participating Entity may set further restrictions of products in their Participating Addendum. The Participating Entity will determine with the Contractor how to approve these modifications to the Entity’s Product and Service Schedule.
Software
Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits.
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Any software purchased must be related to the procurement of equipment.
Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment, except for the exceptions allowed under Paragraph 5.a.4.
Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 3) purchased, is allowed and may be procured after the initial purchase of equipment.
General Services
Services must be related to the procurement of equipment.
Service limits will be addressed by each State.
Wireless phone and internet service is not allowed.
Managed Print Services are not allowed.
Cloud Services
Cloud Services are restricted to Services that function as operating systems and software needed to support or configure hardware purchased under the scope of the contract and is subject to equipment configuration limits.
Any Cloud Service purchased must be related to the procurement of equipment.
Third-Party Products
Third-Party Products can be offered only in the Bands they have been awarded. All third-party products must meet the definition(s) of the Band(s) in which they are being offered.
Products manufactured by another Contractor holding a Minnesota NASPO ValuePoint Master Agreement for Computer Equipment cannot be offered unless approved by the Lead State.
Additional Product/Services
Hardware and software required to solely support wide area network (WAN) operation and management are not allowed.
Lease/Rentals of equipment may be allowed and will be addressed by each State.
Cellular Phone Equipment is not allowed.
EPEAT Bronze requirement may be waived, on a State case-by-case basis, if approved by the State’s Chief Procurement Officer. EPEAT Bronze requirement does not currently apply to storage.
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Authorized Representative
Master Agreement Administrator. The Master Agreement Administrator designated by NASPO ValuePoint and the State of Minnesota, Department of Administration is Elizabeth Randa, Acquisition Management Specialist.
Elizabeth Randa, Acquisition Management Specialist
Department of Administration
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
E-mail: [email protected]
Phone: 651.201.3122
Contractor’s Authorized Representative. The Contractor's Authorized Representative is Ashley Salinas, SLED Contract Program Manager.
Ashley Salinas, SLED Contract Program Manager
Dell Inc.
One Dell Way
Round Rock, TX 78682
[email protected]
Phone: 512.542.1237
If the Contractor’s Authorized Representative changes at any time during this Contract, the Contractor must immediately notify the Lead State.
Notices
If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. An email shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed to the Master Agreement Administrator.
Exhibits
The following Exhibits are attached and incorporated into this Contract. In the event of a conflict between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the Contract, and then in the following order:
Exhibit A: NASPO ValuePoint Terms and Conditions
Exhibit B: Minnesota Terms and Conditions
Exhibit C: Requirement
Exhibit D: Price Schedule
Exhibit E: Contractor Terms and Conditions
Survival of Terms:
The following clauses survive the expiration or cancellation of this Master Agreement: Indemnification; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. Any other Contract term that states it shall survive, shall survive.
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Entire Agreement
This Contract and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement.
1. Contractor
The Contractor certifies that the appropriate
person(s) have executed the Contract on behalf of
the Contractor as required by applicable articles,
bylaws, resolutions, or ordinances.
2. State Agency
With delegated authority
Print name: Print name:
Signature: Signature:
Title: Date: Title: Date:
3. Commissioner of Administration
As delegated to The Office of State Procurement
Print name:
Signature:
Title: Date:
DocuSign Envelope ID: 22C62BA3-AFF9-40A4-8FA3-F4D018802CC5 7/14/2023ParaLegal Advisor
Katherine Castillo
7/14/2023Acquisition Management Specialist
Elizabeth M. Randa
Andy Doran
IT Acquisitions Supervisor 7/14/2023
DocuSign Envelope ID: F019BE07-AEF0-4A14-B979-8BB85953FE52
Exhibit A: NASPO ValuePoint Master Agreement Terms and Conditions Conflict of Terms/Order of Precedence.
Any order placed under this Master Agreement shall consist of the following documents:
A Participating Entity’s Participating Addendum (“PA”); Minnesota NASPO ValuePoint Master Agreement, as negotiated, including all exhibits; A Purchase Order issued against a PA (terms and conditions set forth in a Purchase Order will not be deemed to modify, diminish, or otherwise derogate the terms and conditions set forth in a Participating Addendum or Minnesota NASPO ValuePoint Master Agreement).
These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment.
Contractor terms and conditions may be incorporated if expressly accepted by the Lead State and attached to the Master Agreement as an Exhibit or Attachment, or by written reference (including reference to information contained in a URL or referenced policy). A written reference, including by URL or policy, is incorporated into the Master Agreement only if the Master Agreement expressly identifies that reference. URL’s must be explicitly referenced to be incorporated into the Master Agreement. URL’s contained within the URL’s that are explicitly referenced are not incorporated into the Master Agreement. Any Contractor term or condition incorporated by URL or written reference applies to this Master Agreement only to the extent such term or condition is not prohibited by applicable law. Any change to information contained in a URL or referenced policy will not affect any financial obligation, place any additional material obligation on an ordering entity, or materially diminish an ordering entity’s ability to use the product or service.
A written Master Agreement (which may include the contents of the RFP and selected portions of Contractor’s response incorporated therein by reference) will constitute the entire agreement of the parties to the Master Agreement. No other terms and conditions shall apply, including terms and conditions listed in the Contractor’s response to the RFP, or terms listed or referenced on the Contractor's website not otherwise incorporated into the Master Agreement, in the Contractor quotation/sales order, or in similar documents subsequently provided by the Contractor.
Additional Agreement with NASPO. Upon request by NASPO ValuePoint, awarded Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to Contractor’s obligations to NASPO ValuePoint under the terms of the Master Agreement, the terms of which shall be the same or similar (and not less favorable) than the terms set forth in the Master Agreement.
Definitions.
Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product.
Accessory means a product that enhances the user experience but does not extend the functionality of the computer (e.g. mouse pad or monitor stand). For the purposes of this Contract, accessories are considered peripherals.
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_____ as a Service (_aaS) refers to any good provided in a subscription-based model that is defined in the industry as “_____ as a Service”. Examples are “Software as a Service”, “Infrastructure as a Service”, and “Storage as a Service”, and shall follow the NIST definitions of those services. ____ as a Service are permitted only when they meet the restrictions found in Paragraph 5.c, above.
Band means a category of products. There are three product bands which may be awarded through this Contract. Each product band includes related peripherals and services.
Components are the parts that make up a computer configuration.
Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement.
Configuration means the combination of hardware and software components that make up the total functioning system.
Customer (see Purchasing Entity).
Desktop means a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: (1) the processor, 2) display monitor, and 3) input devices usually a keyboard and a mouse. Desktops, including desktop virtualization endpoints such as zero and thin clients, are included in Bands 1 and 2 of this Contract.
Embedded Software means one or more software applications which permanently reside on a computing device.
Energy Star® is a voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency.
The Energy Star program makes it easy to identify energy efficient computers by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.energystar.gov.
EPEAT is a type-1 ecolabel for identifying and purchasing sustainable IT products. EPEAT-registered products must meet sustainability criteria detailed in voluntary consensus-based standards that are free and publicly available on the Green Electronics Council’s website at www.greenelectronicscouncil.org. Products are classified as Bronze, Silver, or Gold based on meeting criteria that address the life cycle of the products. Product life cycle includes material extraction, hazardous substance reduction, end-of-life management, packaging, and corporate sustainability. Only products listed as Active in the online EPEAT Registry are considered to meet the EPEAT criteria.
FOB Destination means that shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required.
FOB Inside Delivery means that shipping charges are included in the price of the item, and that the shipped item becomes the legal property and responsibility of the receiver when it reaches the inside delivery point, which is beyond the front door or loading dock. FOB Inside Delivery is a special shipping arrangement that may include additional fees payable by the Purchasing Entity. FOB Inside Delivery must be annotated on the Purchasing Entity ordering document.
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Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.
Laptop means a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad, and speakers in a single unit. A laptop can be used away from an outlet using a rechargeable battery.
Laptops include notebooks, ultrabooks, netbooks, Zero and thin client devices, and computers with mobile operating systems. Laptops are included in Bands 1 and 2 of this Contract.
Lead State means the State centrally administering any resulting Master Agreement(s).
Mandatory Requirement is a requirement that the failure to meet results in the rejection of the responder’s proposal unless all responders are unable to meet the mandatory requirement. The terms “must” and “shall” identify a mandatory requirement. Any objection to a mandatory requirement should be identified by responders in the Question and Answer period.
Manufacturer means a company that, as one of its primary business functions, designs, assembles, owns the trademark/patent for, and markets branded computer equipment.
Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of NASPO ValuePoint, and the Contractor.
Middleware means the software “glue” that helps programs and databases (which may be on different computers) work together. The most basic function of middleware is to enable communication between different pieces of software.
NASPO ValuePoint is a division of the National Association of State Procurement Officials (“NASPO”), a 501(c)(3) limited liability company. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports as well as other contract administration functions as assigned by the Lead State.
Option means an item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features.
Order or Purchase Order means any purchase order, sales order, contract or other method used by a Purchasing Entity to order the Products.
Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions.
Participating Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.
Participating State means a state that has executed a Participating Addendum.
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