Roseville City Council
October 16, 2024

AGENDA
October 16, 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
allowed entry.

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. PRESENTATIONS

5.1. Resolution - Roseville Housing Authority 50th Anniversary Congratulate Roseville Housing Authority on its 50th anniversary as a valued establishment that has made tremendous contributions to the Roseville community.

CONTACT:

Blair Hutchison 916-774-5266 [email protected]

6. PUBLIC COMMENTS

7. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Minutes

7.1. Minutes of Prior Meeting
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the October 2, 2024 City Council Meeting.

CC #:
3597
File #:
0102-03
CONTACT:

Melissa Lipp 916-774-5268 [email protected]

Bids / Purchases / Services

7.2. Flood Risk Reduction Facilities Repair and Replacement Project - Sole Source Purchase Order
Memo from Associate Engineer Joe Anderson and Public Works Director Jason Shykowski recommending the City Council approve a sole source purchase order to Xylem Water Solutions USA in the amount of $241,333.02 for replacement of pumps and associated pump equipment at five storm drain pump stations located on Cirby and Linda Creeks. A sole source purchase order is recommended because switching suppliers would introduce many compatibility issues resulting in increased costs and inefficiencies to replace and maintain each pump. Funding for the pump replacements comes from the FY2022-23 General Fund year-end budget surplus, and was budgeted into the Flood Risk Reduction Facilities Repair and Replacement Project.

CC #:
3581
File #:
0203-07
CONTACT:

Joe Anderson 916-746-1300 [email protected]

7.3. Network Firewalls Subscription and Support - Purchase Order Memo from Information Security Administrator Cesar Gamez and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 24-359 APPROVING A PURCHASE ORDER FOR

THE RENEWAL OF PALO ALTO NETWORK SUBSCRIPTIONS AND
SUPPORT. Staff requests Council approve a purchase order with Optiv Security, Inc for subscription and support of the City's network firewalls using the competitively-bid
U.S. General Services Administration
contract
#47QSWA18D008F through Carahsoft, a government contract aggregator. The annual subscription and support cost of $138,189.99 is included in the approved FY2024-25 Information Technology Operations Fund budget. Staff also requests authorization for three (3) optional one (1) year renewals in an amount not to exceed 6% increases year-over-year without further Council approval, pending Council’s approval of the yearly budget.

CC #:
3584
File #:
0203-05
CONTACT:

Cesar Gamez 916-774-5408 [email protected]

7.4. Twinwood Park Play Structure Replacement Project - Contract Purchase Agreement
Memo from the Park Planning & Development Manager Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-353 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
(3004062). Staff requests Council approve a contract purchase agreement to replace the play structure at Twinwood Park. Consistent with the Parks, Recreation & Libraries Department’s ten-year rehabilitation plan, play structures are upgraded and replaced on a consistent cycle to address wear and tear, to ensure overall public safety and to adhere with any new code compliance requirements. The contract amount is $145,354.02. Funding was allocated from the General Fund during the FY2023-24 budget to the Parks, Recreation and Library Capital Projects Fund. There will be no additional General Fund impact.

CC #:
3589
File #:
0704-01
CONTACT:

Tara Gee 916-774-5253 [email protected]

7.5. Public Safety Radio Equipment - Purchase Orders
Memo from Fire Division Chief Matthew Lauchner and Fire Chief Rick Bartee recommending the City Council approve purchase orders for public safety radio equipment from BK Technologies, Inc, through the use of the State of Washington NASPO Value Point Master Price Agreement #00318, pursuant to Participating Addendum Number 7-22-70-49-18 between the State of California Department of General Services and BK Technologies, Inc., for the remaining portion of the term of January 1, 2022 thru December 31, 2026.

Funding is included in the Fire Department's budget in the General Fund for FY2024-2025 and will be recommended for Council approval in subsequent fiscal year budgets. The estimated cost of purchases for the remaining duration of the contract is estimated at $750,000.

CC #:
3579
File #:
0203-12
CONTACT:

Matthew Lauchner 916-774-5807 [email protected]

7.6. General Construction Services - Contract Purchase Agreements Memo from Preventative Maintenance Coordinator Blaine Wiegel and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-355 APPROVING A CONTRACT

PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND BULLARD, INC. DBA BULLARD CONSTRUCTION,
INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON

BEHALF OF THE CITY OF ROSEVILLE (
3004166)
; and adopt
RESOLUTION NO. 24-356 APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND

CARTER-KELLY, INCORPORATED, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3004158). Staff requests Council approve and award two (2) contract purchase agreements including four additional one-year renewals with Bullard Inc, dba Bullard Construction, Inc. and Carter-Kelly, Incorporated, to provide general construction services. The estimated total annual cost for the two contract purchase agreements is $700,000 (up to $200,000 per year with Bullard Construction and up to $500,000 per year with Carter-Kelly , Incorporated
), and
the total not-to-exceed cost including the renewals for both agreements is $3,500,000. Funding may be provided from the Environmental Utilities Department’s rehabilitation funds, construction funds, and operating budgets, as well as the South Placer Wastewater Authority, based on each project's funding source.

CC #:
3591
File #:
0203-09
CONTACT:

Blaine Wiegel 916-746-1833 [email protected]

7.7. Fleet Sole Source Truck Purchases and Vehicle Parts and Services –
Purchase Order and Contract Purchase Agreement
Memo from Management Analyst Lea Schroeder and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-349 APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND LEHR UPLIFTERS OPCO

LLC DBA LEHR AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3004197).

Staff requests Council approval of a sole source purchase order to Altec Industries, Inc. for one (1) Altec AN55-E88 articulating non-over center aerial device and two (2) Altec AT41P articulating telescopic aerial devices utilizing Sourcewell contract# 110421-ALT in the amount of $1,339,269; and approve a contract purchase agreement with LEHR Upfitters OpCo LLC dba LEHR to provide public safety vehicle parts and services to up-fit vehicles utilizing Placer County’s contract# SCN107418. The total cost of parts and services for the contract period of October 1, 2024 to September 30, 2025 will not exceed $1,800,000. The Altec Industries purchase order is a sole source purchase because Fleet services have standardized on this brand due to price, factory training, and equipment needs of municipalities. Funding for the Altec AN55- E88 and two AT41P aerial devices is included in the FY2024-25 Electric Fund budget. Funding for the LEHR contract purchase agreement is included in the FY2024-25 Fleet Replacement Fund budget and will be recommended in FY2025-26 pending approval of future budgets.

CC #:
3580
File #:
0203-02
CONTACT:

Lea Schroeder 916-774-5503 [email protected]

7.8. 316 Vernon Data Center Heating, Ventilation, and Air Conditioning Replacement Project (RFQ 10-3388) - Reject All Bids
Memo from Buyer Tiffany Valdez and
Assistant City Manager/Chief Financial
Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-344 REJECTING ALL BIDS FOR THE 316 VERNON DATA

CENTER HEATING, VENTILATION, AND AIR CONDITIONING
REPLACEMENT PROJECT.

Staff requests Council approve a request to
reject all bids received for Request for Quotes (RFQ) 10-3388 for the materials and labor to replace the existing Data Center Heating, Ventilation, and Air Conditioning located at 316 Vernon Street. During staff review, it was determined that the bid specifications for HVAC equipment would not meet new California Senate Bill (SB) 1206 environmental legislative requirements. SB 1206 contains requirements to minimize the climate impact of hydrofluorocarbons. Staff plans to issue a new RFQ with updated specifications when the new equipment and refrigerant becomes available in January 2025.

There is no fiscal impact at this time since there will be no award.

CC #:
3574
File #:
0203-21
CONTACT:

Tiffany Valdez 916-746-1109 [email protected]

Resolutions

7.9. WB-32 The Riviera at Roseville West - Affordable Rental Housing Agreement Memo from Housing Analyst Suzanne Acrell and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-354 APPROVING AN AFFORDABLE RENTAL

HOUSING AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ROSEVILLE SENIOR AFFORDABLE 2 LP, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve
an affordable rental housing
agreement between the City and
Roseville Senior Affordable 2 LP, a California
limited partnership
for The Riviera at Roseville West affordable housing project in the Sierra Vista Specific Plan. The agreement will support the City's General Plan in meeting the affordable housing goals. No General Fund resources will be used in the development of this project.

CC #:
3590
File #:
0709
CONTACT:

Suzanne Acrell 916-774-5469 [email protected]

7.10. Community Development Block Grant Fair Housing Services – Professional Services Agreement
Memo from Housing Analyst Kristine Faelz and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-346 APPROVING A PROFESSIONAL SERVICES

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
PROJECT SENTINEL, 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 Project Sentinel, Inc. for the purpose of providing Fair Housing Services funded by Community Development Block Grant grant funds. The total not-to-exceed amount for a maximum five-year period is $80,000. No General Fund resources will be used.

CC #:
3576
File #:
0709-03
CONTACT:

Kristine Faelz 916-774-5451 [email protected]

7.11. Dry Creek Wastewater Treatment Plant Operations and Laboratory Building Project – Professional Design Services Agreement Amendment Memo from Senior Engineer Inderpreet Chaggar and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-348 APPROVING A FIRST AMENDMENT TO PROFESSIONAL

DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF
ROSEVILLE AND 19SIX ARCHITECTS, INC., AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve
the First Amendment to
Professional Design Services Agreement with 19six Architects, Inc. to add $55,485 to complete the design services for the Dry Creek Wastewater Treatment Plant Operations and Laboratory Building Project. Funding for this amendment will be provided from the Dry Creek Wastewater Treatment Plant Operations and Laboratory Building Project budget which is funded by the Wastewater Regional Rehabilitation Fund.

CC #:
3578
File #:
0800-02
CONTACT:

Inderpreet Chaggar 916-938-1595 [email protected]

7.12. Parks Pre-Qualification Procedure Renewal
Memo from Park Planning & Development Superintendent Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-350 APPROVING THE PRE-QUALIFICATIONS

PROCEDURE FOR CERTAIN PARKS, RECREATION & LIBRARIES

PROJECTS AND APPROVING THE ADMINISTRATIVE HEARING
PROCESS FOR APPEALS. Based on the need to more effectively and efficiently administer the construction of these projects, due to a narrower construction window in order to comply with regulatory guidelines such as storm water pollution and prevention, air quality, etc., that there is more work than companies to perform the work, and an unstable construction environment that has affected the overall industry, it has become more challenging to attract qualified contractors. In order to address these concerns, staff has determined that it would be best to pre-qualify all prime contractors seeking to bid specific park projects. There is no direct fiscal impact in approving the pre-qualification and appeals process. It is expected that the adoption of this process and the resolution will garner similar results experienced in previous years and will attract qualified bidders, resulting in the best value for the City.

CC #:
3586
File #:
0704
CONTACT:

Tara Gee 916-774-5253 [email protected]

7.13. After School Education and Safety Program - Memorandum of Understanding Memo from Parks, Recreation and Libraries Manager Jeff Nereson and Parks, Recreation and Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-345 APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF ROSEVILLE AND THE

ROSEVILLE CITY SCHOOL DISTRICT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approval of the Memorandum of Understanding with the Roseville City School District (RCSD) for the After School Education and Safety Program (ASES). ASES is an after school tutoring and enrichment program that provides opportunity for up to 120 students at Cirby Elementary School and 100 students at Woodbridge Elementary School at no cost to participating families. The Parks, Recreation & Libraries Department has collaborated with RCSD to implement this after school program. The RCSD reimburses the City up to $305,000 of the grant funds they receive for this program to offset the City's expense to operate the program. On June 5, 2024, Council adopted resolution 24-198, approving the Youth Development Program Funding Policy, allowing for support from the General Fund for expenses including losses incurred by subsidized programs if needed.

If the funds provided by RCSD do not sufficiently cover program expenses, some support may be required from the General Fund. Staff are diligent to manage this program to keep losses, if any, to a minimum.

CC #:
3575
File #:
0704
CONTACT:

Jeff Nereson 916-774-5974 [email protected]

7.14. Rubberized Pavement Grant Program - Grant Authorization Memo from Associate Engineer Jesse Khatkar and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-351

APPROVING A GRANT APPLICATION TO THE CALIFORNIA

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY, AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE

ALL RELATED FORMS AND AGREEMENTS ON BEHALF OF THE CITY

OF ROSEVILLE
. Staff requests Council authorization to submit a grant application that will allow the City to receive up to $100,000 through the Rubberized Pavement Grant Program. If awarded, funds would be applied to the Fairway Dr and Junction Blvd Resurfacing Project. The project is estimated to cost $3,534,000 and is funded by the Roseville Finance Authority Capital Project Fund and Regional Surface Transportation Grant Funds. No General Fund resources are included for this project.

CC #:
3587
File #:
0800-04 & 0214
CONTACT:

Jesse Khatkar 916-774-5434 [email protected]

7.15. Succession Management Program - Professional Services Agreement Memo from Assistant Human Resource Director Janie Carduff and Human Resource Director Stacey Peterson recommending the City Council adopt RESOLUTION NO. 24-357 APPROVING A PROFESSIONAL SERVICES

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND

BAKER TILLY ADVISORY GROUP, LP, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE.

Staff requests Council approve a service agreement with Baker Tilly Advisory Group, LP for the development and implementation of a Succession Management Program for the Environmental Utilities and Electric Departments. The not-to-exceed amount of the agreement is $128,900 per their cost proposal plus $25,000 for additional work for templating materials and information for other departments. The Environmental Utilities, Electric, and Human Resources Department have included funds for this program development in their FY2024-25 budgets. No additional funds are being requested.

CC #:
3592
File #:
0600-05
CONTACT:

Janie Carduff 916-774-5205 [email protected]

7.16. Sacramento Emergency Clean Air Transportation Grant - Agreement Amendment
Memo from
Alternative Transportation Manager Ed Scofield and Public Works Director Jason Shykowski recommending the City Council a dopt
RESOLUTION NO. 24-352

APPROVING AN AIR QUALITY GRANT

CONTRACT TERM EXTENSION, BY AND BETWEEN THE

SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT

DISTRICT AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve
a contract term extension for a
Sacramento Emergency Clean Air Transportation (SECAT) grant.

Due to
circumstances beyond staff’s control, the delivery of these zero-emission buses has taken longer than expected and it has become necessary to extend the termination date to December 31, 2028.

There is no fiscal impact if the contract
extension is executed. If the contract extension is not executed, staff will have to identify $400,000 in substitute funding to replace the SECAT dollars.

CC #:
3588
File #:
0214 & 0721
CONTACT:

Ed Scofield 916-774-5449 [email protected]

Ordinances (for introduction and adoption - appropriation/urgency measures)

7.17. Northwest Park Rehabilitation Project – New Non-Capital Multi-Year Project Approval and Budget Adjustment
Memo from the Park Planning & Development Superintendent Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council approve a new non-capital project and adopt ORDINANCE NO. 6876 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024- 25 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION. The Northwest Community Facilities District bond matured in September 2020. A small balance was left and since that time has accrued interest. These funds can be made available to address rehabilitation projects within the Northwest area. The target expenditures are proposed for the Northwest neighborhood parks. Rehabilitation projects could include: park paving and hardscape repairs; shade shelter replacement; site furnishing replacement, including drinking fountains; bark mulch replenishment; play area engineered wood fiber replenishment; and minor landscape and irrigation upgrades. This request seeks Council approval of a budget adjustment allocating $18,555 from the Northwest CFD #1 Fund and $54,507 from the Northwest CFD #1 Capital Fund for park rehabilitation projects in the Northwest specific plan area for a total amount of $73,062. There is no impact to the General Fund.

CC #:
3585
File #:
0704 & 0201-01
CONTACT:

Tara Gee 916-774-5253 [email protected]

7.18. Virtual Desktop Exploration - Project Cancellation and Budget Adjustment Memo from Management Analyst Austin Murray and Chief Information Officer Hong Sae recommending the City Council adopt ORDINANCE NO. 6877 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR
2024-25 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council authorize the cancellation of the Virtual Desktop Exploration project and approve a budget adjustment in the amount of $20,000 to defund the entirety of the project and return 100% of unspent project budget to fund balance. The existing $20,000 project budget was funded by the Information Technology Replacement Fund, the Water Rehabilitation Fund, Wastewater Rehabilitation Fund, the Waste Services Rehabilitation fund, and the Electric fund. The recommended budget adjustment will return the $20,000 to fund balance in the following funds as follows: $12,674 to the IT Replacement Fund, $1,309 to the Water Rehabilitation Fund, $1,828 to the Wastewater Rehabilitation Fund, $1,277 to the Solid Waste Rehab Fund, and $2,912 to the Electric Fund.

CC #:
3593
File #:
0201-01
CONTACT:

Austin Murray 916-774-5158 [email protected]

Ordinances (for second reading and adoption)

7.19. Second Reading - Infill Parcel 198 (100 Stonehouse Court) WellSpace Health - Rezone
ORDINANCE NO. 6875 AMENDING ZONING ORDINANCE NO. 5428 OF

THE CITY OF ROSEVILLE CHANGING THE ZONING OF CERTAIN

REAL PROPERTY LOCATED WITHIN THE CITY OF ROSEVILLE
, for
second reading and adoption.

CC #:
3582
File #:
0400-02 & 0400-04-17-2
CONTACT:

Escarlet Mar 916-774-5247 [email protected]

7.20. Second Reading - Roseville Municipal Code Amendment – Kennel Licenses ORDINANCE NO. 6878 AMENDING SECTIONS 7.20.010 AND 7.20.020 OF CHAPTER 7.20 OF TITLE 7 OF THE ROSEVILLE MUNICIPAL CODE REGARDING KENNEL LICENSES, for second reading and adoption.

CC #:
3594
File #:
0323
CONTACT:

Travis Cochran 916-774-5325 [email protected]

Reports / Requests

7.21. North Central Roseville Specific Plan PCL 34C - 6718 Stanford Ranch Road - Parcel Map
Memo from Associate Engineer Jeff Hendrix and Development Services Director Mike Isom recommending the City Council approve the North Central Roseville Specific Plan PCL 34C – Parcel Map, located at 6718 Stanford Ranch Road. Engineering has completed its review of the final map and found it to be in compliance with the approved tentative map. This map will be creating two commercial and one public right of way lot. The actions requested have no fiscal impact to the City's General Fund.

CC #:
3583
File #:
0400-07 & 0400-04-04-02
CONTACT:

Jeff Hendrix 916-774-5463 [email protected]

END OF CONSENT CALENDAR

8. SPECIAL REQUESTS/REPORTS/PRESENTATION

8.1. Roseville Soccer Complex Naming Rights - Sponsorship Agreement and Budget Adjustment
Memo from Parks, Recreation & Libraries Manager Jeff Nereson and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-347 APPROVING A SPONSORSHIP

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND

SOUTH PLACER COUNTY TOURISM CORPORATION DBA PLACER

VALLEY TOURISM, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6880 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2024-25 BUDGET AND DECLARING THIS

ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests Council approve a sponsorship agreement with South Placer County Tourism Corporation dba Placer Valley Tourism for naming rights of the soccer complex and approve a budget adjustment for $50,000 in sponsorship revenue to increase the fund balance in the new Soccer Complex Capital Fund. Placer Valley Tourism will provide annual sponsorship payments to the City totaling $5,000,000 over the 12-year term of this agreement. Per this agreement, the soccer complex will be named the Placer Valley Soccer Complex.

CC #:
3596
File #:
0704-01 & 0201-01
CONTACT:

Jeff Nereson 916-774-5974 [email protected]

8.2. Roseville Soccer Complex - Plaza Complex Sponsorship Agreement and Budget Adjustment
Memo from Parks, Recreation & Libraries Manager Jeff Nereson and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-358 APPROVING A SPONSORSHIP

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND

ROSEVILLE AUTOMALL ASSOCIATION, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and adopt ORDINANCE NO. 6879 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approval of a sponsorship agreement with the Roseville Automall Association for naming rights at the north and south plaza areas at the Soccer Complex and approve a budget adjustment for $10,000 in sponsorship revenue to increase the fund balance in the Soccer Complex Capital Fund. The Roseville Automall Association will provide an annual sponsorship payment of $40,000 to the City, totaling $120,000 over the 3-year term of this agreement. The agreement specifies that the soccer complex’s north and south plaza areas will be named the Roseville Automall North Plaza and the Roseville Automall South Plaza.

CC #:
3595
File #:
0704-01 & 0201-01
CONTACT:

Jeff Nereson 916-774-5974 [email protected]

9. RESOLUTIONS

9.1. California Department of Water Resources Generating Units - Agreement Amendment
Memo from Assistant Electric Utility Director William Forsythe and Electric Utility Director Dan Beans
recommending the City Council adopt RESOLUTION NO.
24-360 APPROVING A SECOND AMENDED SITE USE AND

INSTALLATION AGREEMENT AND NON-DISCLOSURE AGREEMENT,

BETWEEN THE CITY OF ROSEVILLE AND THE CALIFORNIA

DEPARTMENT OF WATER RESOURCES, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THEM ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approval of an amended agreement between the City and the California Department of Water Resources (CDWR) regarding the CDWR generators located at the Roseville Energy Park. The amended agreement would serve several distinct purposes, including documentation and completion of the title transfer of the CDWR generators to Roseville, initiating a due diligence study to determine opportunities for Roseville to site additional generators for CDWR, and execution of a non- disclosure agreement between the City and CDWR regarding the due diligence study. This amendment will give Roseville immediate title to CDWR’s units and will enable Roseville to utilize the capacity and energy benefits for Roseville customers, offsetting purchases from other generation sources in high demand months, and enabling energy and capacity sales in low demand months.

CC #:
3577
File #:
0800-03
CONTACT:

William Forsythe
916-774-5619
[email protected]

10. COUNCIL REPORTS / PUBLIC COMMENTS

11. ADJOURNMENT

COUNCIL COMMUNICATION
CC #:

File #:

Title:

Meeting Heading
Contact:

Meeting Date: 10/16/2024
Item #: 0.1.

COUNCIL COMMUNICATION
CC #:
3598
File #:
0102-10
Title:

Resolution - Roseville Housing Authority 50th Anniversary Contact:

Blair Hutchison 916-774-5266 [email protected]

Meeting Date: 10/16/2024
Item #: 5.1.

RECOMMENDATION TO COUNCIL
Congratulate Roseville Housing Authority on its 50th anniversary as a valued establishment that has made tremendous contributions to the Roseville community.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

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. Ceremonial documents meet the above criteria and 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,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution - Roseville Housing Authority 50th Anniversary

COUNCIL COMMUNICATION
CC #:

File #:

Title:

Consent Calendar
Contact:

Meeting Date: 10/16/2024
Item #:

COUNCIL COMMUNICATION
CC #:
3597
File #:
0102-03
Title:

Minutes of Prior Meeting
Contact:

Melissa Lipp 916-774-5268 [email protected]

Meeting Date: 10/16/2024
Item #: 7.1.

RECOMMENDATION TO COUNCIL
Approve the minutes of the October 2, 2024 City Council Meeting.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
There is no fiscal impact associated with this request.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
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.

Respectfully Submitted,
Melissa Lipp, City Clerk Technician
Carmen Avalos, City Clerk

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
October 2, 2024

MINUTES
October 2, 2024

CITY COUNCIL
6:00 p.m.

Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us

1. CALL TO ORDER
Mayor Bruce Houdesheldt called the meeting to order at 6:00 p.m.

2. ROLL CALL

Present: Vice Mayor Krista Bernasconi, Councilmember Scott Alvord, Councilmember Pauline Roccucci, Mayor Bruce Houdesheldt.

Absent: Councilmember Tracy Mendonsa

3. PLEDGE OF ALLEGIANCE
Charles Krafka led the Pledge of Allegiance.

4. MEETING PROCEDURES
City Clerk Carmen Avalos announced the procedures for addressing the City Council.

5. PUBLIC COMMENTS
Jay Ramos requested the public be given the ability to make public comment be available on YouTube.

Brian Fairclough volunteer with the United Sovereign Americans spoke on a resolution regarding voter integrity.

Rob Dobbins read the resolution regarding voter integrity.

William Traithen continued reading the resolution.

Laura Burns continued reading the resolution.

Adrian Uhl concluded the presentation.

6. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Motion by Pauline Roccucci, seconded by Krista Bernasconi, to approve the Consent Calendar as recommended. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Roccucci

Absent: Mendonsa
Minutes

6.1. Minutes of Prior Meeting
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the September 18, 2024 City Council Meeting.

CC #:
3573
File #:
0102-03
CONTACT:

Melissa Lipp 916-774-5268 [email protected]

Bids / Purchases / Services

6.2. 116 S. Grant Street Tenant Improvements Phase 2 - Purchase Order and Increase to Change Order Authority
Memo from Project Coordinator Lori
Crittenden and Public Works Director Jason
Shykowski recommending the City Council adopt RESOLUTION NO. 24- 338 APPROVING AN INCREASE IN CHANGE ORDER AUTHORITY.

Staff
requests Council approve a purchase order with Friant and Associates, LLC for 116 S. Grant Street, in the amount of $598,307.76, for office furniture purchases, using a
competitively procured purchasing contract through The Interlocal Purchasing System
. Staff also requests approval to increase the change order authority on the Design-Assist Construction Agreement with Bullard, Inc. for the 116 S. Grant Street tenant improvements from 10% to 15%, an additional $242,751.15, in order to complete construction of the project. Funding for this work is included in the 116 S. Grant Street Building Improvements Project budget in the E
lectric Fund.

CC #:
3564
File #:
0203-13
CONTACT:

Lori Crittenden 916-774-5707 [email protected]

6.3. Roseville Transit Comprehensive Operational Analysis - Contract Purchase Agreement Amendment
Memo from Alternative Transportation Manager Ed Scofield and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-335 APPROVING CONTRACT PURCHASE AGREEMENT
AMENDMENT NO. 1, BY AND BETWEEN THE CITY OF ROSEVILLE AND

INNOVATE MOBILITY, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003167).

Staff
requests Council approve a first amendment to the contract purchase agreement with Innovate Mobility, LLC, to complete additional analysis as a part of Roseville Transit's Comprehensive Operational Analysis (COA). The COA work is closely tied to critical components of the transit operations service provider Request for Proposal (RFP) being released next year. Staff's ability to use Innovate Mobility will ensure the COA recommendations are adequately outlined in the RFP process based on their detailed knowledge of all COA elements. Amendment No. 1 to the Innovate Mobility contract will add $30,000 to the not-to-exceed amount of $156,959.18, for an updated total contract of $186,959.18. Funding for the amendment would come from a Caltrans Sustainable Communities grant. Local Transportation Funds would provide the necessary match.

No General Fund resources will be used on this amendment. There is sufficient funding in the Roseville Transit Comprehensive Operational Analysis Project budget.

CC #:
3561
File #:
0721
CONTACT:

Ed Scofield 916-774-5449 [email protected]

Resolutions

6.4. Cost Allocation Plan and Indirect Cost Rate Proposal - Professional Services Agreement Amendment
Memo from Budget Manager Nancy Rothlisberger and Assistant City Manager/Chief Financial Officer Dennis Kauffman recommending the City Council adopt RESOLUTION NO. 24-333 APPROVING A SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE CITY

OF ROSEVILLE AND MGT IMPACT SOLUTIONS, LLC, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve an amendment to the professional services agreement with MGT Impact Solutions, LLC, the City’s cost allocation plan and indirect cost rate proposal consultant. The $33,720 cost of the amendment is included in existing FY2024-25 appropriations in the Finance Department budget in the General Fund.

CC #:
3557
File #:
0200
CONTACT:

N. Rothlisberger 916-774-5314 [email protected]

6.5. Occupational Health Services – Increase in Spending Authority Memo from Human Resources Technician Michele Fitzgerald and Human Resources Director Stacey Peterson recommending the City Council adopt

RESOLUTION NO. 24-339 APPROVING AN INCREASE IN SPENDING AUTHORITY. Staff requests Council approve an increase in spending authority for a professional services agreement for Occupational Health Services with Mobile- Med Work Health Solutions, Inc. that was initially approved by City Council on January 20, 2021. The estimated expenditures for these services will increase from $210,000 to up to $425,000 through the term of the contract in January 2026.

The Human Resources Department and Fire Department budgets in the General Fund have funds to cover the increased costs within the current fiscal year budget.

CC #:
3565
File #:
0600-04
CONTACT:

Michele Fitzgerald 916-774-5217 [email protected]

6.6. Schedule of User and Regulatory Fees - Addition of Affordable Housing Project Fee Deferral Administrative Fee and Interest Rate
Memo from Economic Development Analyst Gina McColl and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-340 ADOPTING AN AMENDED SCHEDULE OF
USER AND REGULATORY FEES. Staff requests Council approve an update to the Schedule of User and Regulatory Fees to add an Administrative Fee and Interest Rate for Affordable Housing Projects related to Section 4.04.040 of Chapter 4.04 of Title of the Roseville Municipal Code regarding nonresidential development impact fee deferrals. Administrative processing fees will be charged on fee deferrals to cover the costs, resulting in no fiscal impact to the General Fund. Interest charged will result in no fiscal impact from fee deferrals on the development impact fee programs. The fee deferral program incentivizes affordable housing projects that bring additional construction jobs and helps the City achieve the job housing balance necessary to support the community.

CC #:
3566
File #:
0215
CONTACT:

Gina McColl 916-774-5452 [email protected]

6.7. Baseline Road - Segment 3 and a Portion of Segment 2 Project - Notice of Completion
Memo from Construction Inspector Andrew Druck and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24- 332 ACCEPTING THE PUBLIC WORK KNOWN AS BASELINE ROAD –
SEGMENT 3 AND A PORTION OF SEGMENT 2 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 A PORTION OF

THE DEDICATIONS OFFERED ON THE RECORDED MAP OF THE
SUBDIVISION. Staff requests Council accept Baseline Road - Segment 3 and a Portion of Segment 2, CWJ # 190854, as complete and authorizing the City Engineer to execute the Notice of Completion. 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 #:
3556
File #:
0400-04-12-1
CONTACT:

Andrew Druck 916-223-7577 [email protected]

6.8. Zero Emissions Bus Depot Phase 1 Project - Notice of Completion Memo from Project Supervisor Andre Baranov and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-337

ACCEPTING THE PUBLIC WORK KNOWN AS THE ZERO EMISSIONS
BUS DEPOT PHASE 1 PROJECT, APPROVING THE “NOTICE OF
COMPLETION”, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR
TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE.

Staff request Council approve
the Zero Emissions Bus Depot Phase 1 Project as
complete. The project was funded with Local Transportation Funds, Electric Funds, Air Quality Mitigation Funds, Low Carbon Transit Operations Program Grant monies, Placer County Air Pollution Control District Grant monies, and American Rescue Plan Act monies. The original project budget approved as part of Ordinance 6533, including construction and soft costs, was increased from $4,906,000 through Ordinances 6653 and 6692 to a total of $5,202,054 to reflect available grant funding and additional scope of work. The project had no fiscal impact on the General Fund.

CC #:
3563
File #:
0721
CONTACT:

Andre Baranov 916-774-5342 [email protected]

6.9. Greater Sacramento Economic Council - Economic Development Agreement and Expenditure of Membership Funds for FY2024-25
Memo from Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-334

APPROVING AN AGREEMENT,

BY AND BETWEEN THE CITY OF ROSEVILLE AND THE GREATER

SACRAMENTO ECONOMIC COUNCIL, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and approve
the expenditure of membership funds for the Greater Sacramento Economic Council in the amount of $61,171. The purpose of the membership with the Greater Sacramento Economic Council is to attract, grow, support, and expand industry, businesses, and jobs, assist small businesses and entrepreneurs and promote the City as a place to do business. Funding for this membership was included in the Economic Development Department's FY2024-25 membership budget in the General Fund.

CC #:
3559
File #:
0106-01 & 0110
CONTACT:

Melissa Anguiano 916-774-5284 [email protected]

Ordinances (for introduction and first reading)

6.10. Roseville Municipal Code Amendment – Kennel Licenses Memo from Deputy City Attorney Travis Cochran and Animal Control Supervisor

Sarah Cooper recommending the City Council introduce for first reading an

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AMENDING SECTIONS 7.20.010 AND 7.20.020 OF CHAPTER 7.20 OF TITLE 7 OF THE ROSEVILLE MUNICIPAL CODE REGARDING KENNEL LICENSES. Chapter 7.20 of the Roseville Municipal Code regulates kennel licenses within the City. A recent amendment to state law now requires submission of a natural disaster evacuation plan as a condition to receiving a kennel license.

This ordinance will incorporate such requirement into the Roseville Municipal Code.

The City has also received numerous requests to increase the number of dogs that may be kept at a property without a kennel license. This ordinance would allow up to four dogs on a single premises without a kennel license. There is no fiscal impact associated with the proposed ordinance.

CC #:
3560
File #:
0323
CONTACT:

Travis Cochran 916-774-5325 [email protected]

Reports / Requests

6.11. Fiddyment Ranch - Phase 1 Parcel F-30 - Parcel Map Memo from Associate Engineer Edward Winston and Development Services Director Mike Isom recommending the City Council approve the Fiddyment Ranch - Phase 1 Parcel F-30 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 development. The actions requested have no fiscal impact to the City's General Fund.

CC #:
3558
File #:
0400-07
CONTACT:

Edward Winston (916) 774-5432 [email protected]

Ceremonial Documents

6.12. Proclamation - Cybersecurity Month October 2024
Proclaim October 2024 as Cybersecurity Awareness Month in Roseville and officially support the National Cybersecurity Awareness Month, ‘Secure our World’, and the National Public Awareness Campaign, ‘Stop. Think. Connect.™’, and call upon all employees, residents and visitors of Roseville to become educated about cybersecurity and put that knowledge into practice to keep our connected community safe from cyber threats.

CC #:
3567
File #:0102-06
CONTACT:

Blair Hutchison 916-774-5266 [email protected]

END OF CONSENT CALENDAR

7. RESOLUTIONS

7.1. Retired Annuitant 180-Day Wait Period Exception
Memo from Human Resources Manager Macy Dippert and Human Resources Director Stacey Peterson recommending the City Council adopt RESOLUTION NO. 24-336 RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD GOVERNMENT CODE SECTIONS 7522.56 AND 21224. Staff requests Council approve an exception to the 180-day wait period for public agencies to hire a retired annuitant as allowed by the California Public Employees' Retirement System and California Public Employees' Pension Reform Act of 2013 and in compliance with California Government Code Sections 7522.56 and 21224.

The request would allow recently retired Bryan Buchanan, Wastewater Utility Manager, to be rehired as an annuitant, without waiting the 180 days after the retirement waiting period. Mr. Buchanan would be brought back based on his specialized knowledge and skills needed to complete several complex, critical wastewater projects. Based on the 960-hour limit that a retired annuitant may work, the maximum fiscal impact is estimated to be $76,442.69. This can be absorbed in the current Environmental Utilities Department’s FY2024-25 budget in the Wastewater Operations Fund due to salary savings from vacant positions.

CC #:
3562
File #:
0600
CONTACT:

Macy Dippert 916-774-5215 [email protected]

Human Resources Manager Macy Dippert made the presentation to the City Council.

No public comment received.

Motion by Pauline Roccucci, seconded by Scott Alvord, to adopt RESOLUTION NO. 24-336 RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD GOVERNMENT CODE SECTIONS 7522.56 AND 21224. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Roccucci

Absent: Mendonsa

8. PUBLIC HEARING

8.1. Infill Parcel 198 (100 Stonehouse Court) WellSpace Health - Rezone Memo from Associate Planner Escarlet Mar and Development Services Director Mike Isom recommending the City Council consider the WellSpace Health Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program
and
adopt the two (2) findings of fact and introduce for first reading an

ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF ROSEVILLE. The Rezone will allow WellSpace Health Placer Community Health Center to operate on the site with approval of a Conditional Use Permit. Application costs were borne by the applicant, and the project is required to pay all applicable impact fees. The project is not anticipated to result in negative impacts on the City’s General Fund. In fact,

the beneficial reuse of the facility as a medical use is expected to have a positive fiscal impact to the City.

CC #:
3551
File #:
0400-02 & 0400-04-17-2
CONTACT:

Escarlet Mar 916-774-5247 [email protected]

Mayor Bruce Houdesheldt opened the public hearing at 6:22 p.m.

Planning Manager Greg Bitter introduced Senior Planner Derek Ogden and Associate Planner Escarlet Mar.

Associate Planner Escarlet Mar made the presentation to the City Council.

Applicant Ben Avey spoke in support of the project.

Murial Moore requested clarification on if medical staff certification would be considered by the City.

Mayor Bruce Houdesheldt closed the public hearing at 6:36 p.m.

Motion by Scott Alvord, seconded by Pauline Roccucci to consider the WellSpace Health Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and reporting program and two (2) findings of fact and introduce for first reading an

ORDINANCE CHANGING THE ZONING OF CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF ROSEVILLE. The Motion Passed.

Roll call vote: Ayes: Alvord, Bernasconi, Houdesheldt, Roccucci

Absent: Mendonsa

8.2. WB-32 Roseville Senior Affordable Housing Project - Fee Deferrals and Government Financing Agreement
Memo from Economic Development Analyst Gina McColl and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-341 APPROVING FEE DEFERRALS FOR THE WB- 32 ROSEVILLE SENIOR AFFORDABLE HOUSING PROJECT; and adopt RESOLUTION NO. 24-342 APPROVING PARK DEVELOPMENT IMPACT FEE DEFERRALS FOR THE WB-32 ROSEVILLE SENIOR AFFORDABLE HOUSING PROJECT;
and adopt RESOLUTION NO. 24-343 APPROVING A

GOVERNMENT FINANCING AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ROSEVILLE SENIOR AFFORDABLE 2 LP, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT AND ALL NECESSARY

DOCUMENTS TO EFFECTUATE ITS PURPOSE ON BEHALF OF THE CITY OF

ROSEVILLE
. Staff requests Council approve an extended fee deferral in the amount of $2,220,328, a fee deferral of park development impact fees in the amount of $1,007,424, a Government Financing Agreement, and authorize the City Manager to execute it and all necessary documents on behalf of the City to effectuate its purpose

for the WB-32 Roseville Senior Affordable Housing Project. The requested deferrals will not result in a negative impact to the City’s General Fund or the affected development impact fee programs. Administrative fees equivalent to staff’s time necessary to process and track the deferrals will be charged to each associated building permit and interest will be charged on all monies deferred.

CC #:
3568
File #:
0215
CONTACT:

Gina McColl 916-774-5452 [email protected]

Mayor Bruce Houdesheldt opened the public hearing at 6:36 p.m.

Economic Development Analyst Gina McColl made the presentation to the City Council.

No public comment received.

Mayor Bruce Houdesheldt closed the public hearing at 6:42 p.m.

Motion by Krista Bernasconi, seconded by Pauline Roccucci, to adopt RESOLUTION NO. 24-341 APPROVING FEE DEFERRALS FOR THE WB-32 ROSEVILLE SENIOR AFFORDABLE HOUSING PROJECT; and
adopt RESOLUTION NO. 24-342 APPROVING PARK DEVELOPMENT
IMPACT FEE DEFERRALS FOR THE WB-32 ROSEVILLE SENIOR
AFFORDABLE HOUSING PROJECT; and adopt RESOLUTION NO. 24-343

APPROVING A GOVERNMENT FINANCING AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND ROSEVILLE SENIOR
AFFORDABLE 2 LP, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT AND ALL NECESSARY DOCUMENTS TO EFFECTUATE ITS PURPOSE ON BEHALF OF THE CITY OF ROSEVILLE. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Roccucci

Absent: Mendonsa

9. COUNCIL REPORTS / PUBLIC COMMENTS
City Manager Dominick Casey congratulated staff on awards won and showed a video.

No public comment received.

Placer County Water Agency Quarterly Water Meeting
- Councilmember
Pauline Roccucci reported on attendance.

Northern California Powers Association Conference
- Councilmember
Pauline Roccucci reported on attendance.

Councilmember Scott Alvord reported on various community activities.

Vice Mayor Krista Bernasconi acknowledged Executive Vice President of Greater Sacramento Economic Council, Troels Adrian, for being at the meeting.

Mayor Bruce Houdesheldt reported on various community activities.

10. ADJOURNMENT
Mayor Bruce Houdesheldt adjourned the meeting at 7:01 p.m.

COUNCIL COMMUNICATION
CC #:
3581
File #:
0203-07
Title:

Flood Risk Reduction Facilities Repair and Replacement Project - Sole Source Purchase Order
Contact:

Joe Anderson 916-746-1300 [email protected]

Meeting Date: 10/16/2024
Item #: 7.2.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a sole source purchase order to Xylem Water Solutions USA (Xylem) in the amount of $241,333.02 for storm drain sump pumps and associated pump equipment for the rehabilitation of five pump station locations near Cirby Creek and Linda Creek.

BACKGROUND
Following the major floods of 1986 and 1995, Roseville invested significant resources into enhancing flood resilience in the community. This increased focus on floodplain management and disaster mitigation led to the design and construction of the Cirby-Linda-Dry Creek Flood Control Project (CLD FCP) which was constructed from 1996 to 2003. The CLD FCP included the construction of floodwalls and levees adjacent to low-lying neighborhoods within the floodplain along Cirby Creek and Linda Creek from Interstate 80 to Old Auburn Road, increasing flood protection for 317 structures. A critical component of the levee and floodwall system was the design and construction of five pump stations which collect local street drainage and pump into the creek. If a pump station were to fail, storm drain runoff would pond and collect in the neighborhood potentially flooding nearby structures.

The five pump stations are located adjacent to the following properties:
• 801 Elisa Way – upstream of Interstate 80 on Cirby Creek • 720 Sunrise Ave – within the Twin Creek Commons Community on Cirby Creek • 36 Lora Way – within the Country Villa Mobile Estates community on Linda Creek • 26 Lora Way – within the Country Villa Mobile Estates community on Linda Creek • 1425 West Colonial Pkwy – downstream of Old Auburn Blvd on Linda Creek Annual inspections by staff noted wearing and antiquated equipment in use in all five pump station sites. Although major failures have not occurred, many critical components in these pump stations are beyond their useful lifespan and replacement is recommended to avoid failures. The recommended purchase order will enable staff to purchase an exact match of each component to be replaced. Although other manufacturers are available, switching would introduce many compatibility issues resulting in increased costs and inefficiencies to replace and maintain each pump.

With approval of this purchase order, staff anticipates replacement will begin in early November of this year and be completed in spring 2025. Installation will be completed in-house by Environmental Utilities Department staff as permitted by sufficient breaks in wet weather.

FISCAL IMPACT
There are adequate funds in the
Flood Risk Reduction Facilities Repair and Replacement
Project
budget to fund the sole source purchase order for $241,333.02. The project was funded by FY2022-23 General Fund year-end budget surplus.

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. Approval of a purchase order meets the above criteria and is not subject to CEQA.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Joe Anderson, Associate Engineer
Jason Shykowski, Public Works Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Xylem Quote Terms Conditions

September 18, 2024

CITY OF ROSEVILLE
1800 BOOTH RD
1800 BOOTH RD
ROSEVILLE CA 95747- 9708
Quote # 2024-FFB-0310
Project Name: Roseville
Job Name: 3127 and 3171 pumps
Flygt, a Xylem brand, is pleased to provide a quote for the following equipment.

Elisa Way
Qty Part Number Description Unit Price Extended Price
1 3171.185-0202 Flygt Model NP-3171.185 10"
vol
ute Submersible pump
equipped with a 460 Volt / 3
phase / 60 Hz 25 HP 1150 RPM
motor, 615 impeller, 1 x 50 Ft.
length of SUBCAB
4G25+S(2x0,5) submersible
cable, FLS leakage detector,
volute is prepared for Flush Valve
$ 41,280.00 $ 41,280.00
Lee Way
Qty Part Number Description Unit Price Extended Price
2 3127.060-0451 Flygt Model NP-3127.060 6"
vol
ute Submersible pump
equipped with a 460 Volt / 3
phase / 60 Hz 10 HP 1750 RPM
motor, 426 impeller, 1 x 50 Ft.
length of SUBCAB 4G6+2x1,5
submersible cable, FLS leakage
detector, volute is prepared for
Flush Valve
$ 15,231.00 $ 30,462.00
Lora Way
Qty Part Number Description Unit Price Extended Price
Xylem Water Solutions USA, Inc.

Flygt Products
790-A Chadbourne Rd
Fairfield, CA 94534
Tel (707) 422-9894
Fax (707) 422-9808

Qty Part Number Description Unit Price Extended Price
2 3171.185-0404 Flygt Model NP-3171.185 10"
volute Submersib
le pump
equipped with a 460 Volt / 3
phase / 60 Hz 25 HP 1150 RPM
motor, 614 impeller, 1 x 50 Ft.
length of SUBCAB
4G25+S(2x0,5) submersible
cable, FLS leakage detector,
volute is prepared for Flush Valve
$ 41,280.00 $ 82,560.00
Twin Creek
Qty Part Number Description Unit Price Extended Price
2 3127.060-1166 Flygt Model NP-3127.060 6"
volute Submersib
le pump
equipped with a 230 Volt / 3
phase / 60 Hz 10 HP 1750 RPM
motor, 426 impeller, 1 x 50 Ft.
length of SUBCAB 4G6+2x1,5
submersible cable, FLS leakage
detector, volute is prepared for
Flush Valve
$ 15,231.00 $ 30,462.00
West Colonial
Qty Part Number Description Unit Price Extended Price
2 3127.060-1166 Flygt Model NP-3127.060 6"
volute Submersib
le pump
equipped with a 230 Volt / 3
phase / 60 Hz 10 HP 1750 RPM
motor, 426 impeller, 1 x 50 Ft.
length of SUBCAB 4G6+2x1,5
submersible cable, FLS leakage
detector, volute is prepared for
Flush Valve
$ 15,231.00 $ 30,462.00
Total Price $ 215,226.00
Freight Charge $ 9,427.00
Total Price $ 241,333.02
Terms & Conditions
This order is subject to the negotiated Terms and Conditions between the City of Roseville and Xylem Americas effective on the date the order is accepted.

Please make purchase orders out to: Xylem Water Solutions USA, Inc. Purchase Orders:

Freight Terms: 3 DAP - Delivered At Place 08 - Jobsite (per IncoTerms 2020) See Freight Payment (Delivery Terms) below.
$ 16,680.027.75% Sales Tax

Taxes: State, local and other applicable taxes are not included in this quotation.

Back Charges: Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of Seller.

Shortages: Xylem will not be responsible for apparent shipment shortages or damages incurred in shipment that are not reported within two weeks from delivery to the jobsite. Damages should be noted on the receiving slip and the truck driver advised of the damages. Please contact our office as soon as possible to report damages or shortages so that replacement items can be shipped and the appropriate claims made.

Time of delivery: Please consult your local Flygt Branch Office to get fabrication and delivery lead times.

Terms of delivery: PP/Add Order Position
Terms of payment: Seller shall be paid upon submission of acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. See negotiated Terms and Conditions, Article VI – Payment
Schedule:

Validity:

Please consult your local Flygt Branch Office to get fabrication and delivery lead times.

This Quote is valid for thirty (30) days.

Please note that this pricing is valid for 30 days and contingent upon final approval of submittals and release to fabrication by (within 90 days of bid date).

This quotation is subject to change if any changes to the specifications or plans are made that alter the scope of supply.

We thank you for your interest in Flygt equipment from Xylem Water Solutions USA, Inc., and look forward to being of service to you in the near future.

Sincerely,
Adrian Gutierrez
Sales Representative
Phone: 508-274-4643
[email protected]

Customer Acceptance
This order is subject to the negotiated Terms and Conditions between the City of Roseville and Xylem Americas effective on the date the order is accepted.

A signed copy of this Quote is acceptable as a binding contract.

Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.

Quote #: 2024-FFB-0310
Customer Name: CITY OF ROSEVILLE
Job Name: 3127 and 3171 pumps
Total Amount: $ 215,226.00
(excluding freight)
Signature: _______________________________ Name:______________ _________________________ (PLEASE PRINT)
Company/Utility:___________________________ PO:________________ _________________________ Address:_________________________________ Date:_______________ _________________________ ________________________________________ Phone:______________ _________________________ ________________________________________ Email:_______________ ________________________ ________________________________________ Fax :____________________________ _____________ Xylem Water Solutions USA, Inc.

Flygt
Products

Introducing the Xylem
Preventative Maintenance Agreement
Don’t forget to protect your new assets
Thank you for considering Xylem for your pumping equip ment needs. We appreciate the significance of your purchase decision and want to ensure you get the most out of your investment. The most cost-effective way to do this is to sign-up for a preventative maintenance agreement (PMA) that we tailor to your specifi c requirements and budget.

A Xylem PMA offers a proven method to extend your equip ment life, prevent expensive repairs and minimize unplanned failures. It’s also ensures you remain in compliance with environmental, health and other government regulations – critical to maximizing operation uptime.

Our Flygt Gold PMA Includes:
• One scheduled preventative maintenance service visit with multi-point inspection, 12 months after purchase and discounted access to Xylem's rental fleet • An additional 12-month warranty when purchased with your new or replacement Flygt pump(s) • The option to renew annually or on a multi-year basis following the first service visit • Priority service on repairs and field service calls
* Flat-Rate Pricing is available for new and replacemen t Flygt models 3069, 3085, 3102, 3127, 3153, 3171, 3202, 3301 & 3315 starting at $500 per pump.

Multi-year PMA packages are available as well.

Contact your Xylem Sales Representative today for more information.

Visit our PMA site for more info

WARRANTY
Xylem Water Solutions USA, Inc.

Ver. 12 -120312

For the period defined, Xylem Water Solutions USA, In c. offers a commercial warranty to the original End Pu rchaser against defects in workmanship and material on Flygt Products. Warranty covers Flygt parts and labor as outl ined in ADDENDUM – A.

COVERAGE:

Xylem Water Solutions USA, Inc. will pay the cost of p arts and labor during the warranty period, provided t hat the Flygt product, with cable attached, is returned prepaid to a Xylem Water Solutions USA, Inc. Authorized Service Faci lity for Flygt Product repairs. Coverage for Flygt parts and la bor will be provided for the period shown in ADDENDUM - A. The warranty period will begin from date of shipment or dat e of a valid Start-up (For permanently installed pump s only). In cases where the Start-up date is used as the beginn ing of the warranty on a permanently installed Flygt pump, a Start-up Report completed by an approved service technician from a Xylem Water Solutions USA, Inc. Authorized Service F acility for Flygt products must be received by the Xylem Water Solutions USA, Inc. Area Service Manager for Flygt Pr oducts within thirty (30) days of the initial onset of the u nit placed into service. If not received, the beginning of the warranty coverage will default to the Flygt product ship date. A Start-up for a permanently installed Flygt pump mu st occur within one (1) year from the date of shipment from a Xylem Wat er Solutions USA, Inc. authorized facility for Flygt Pr oducts or warranty will automatically default to ship date as s tart of warranty. (See STORAGE section) When using the start-up date as the beginning of the warranty, a copy of the Start-up Report will be required to support a ny Warranty Claims .

Warranty on Flygt Dewatering pumps will begin with s hip date only . No other date on Flygt Dewatering pumps will be considered.

Xylem Water Solutions USA, Inc. ’s sole obligation under this Warranty for Flygt Product s shall be to replace, repair or grant credit for Flygt P roducts upon Xylem Water Solutions USA, Inc. ’s exclusive determination that the Flygt Product does not conform to the above warranty. In the event that the Flygt product is replaced, warranty on the repla cement product will be equal to the balance remaining on the original product or ninety (90) days, which ever is greater.

MISUSE:

This Warranty shall not apply to any Flygt product or pa rt of Flygt product which (i) has been subjected to mi suse, misapplication, accident, alteration, neglect, or phys ical damage (ii) has been installed, operated, used and/or maintained in a manner which is in an application that is contr ary to Xylem Water Solutions USA, Inc. ’s printed instructions as it pertains to installation, operation and maintenance of F lygt Products, including but without limitation to (iii) operation of equipment without being connected to monitoring devices supplied with specific products for protection; or (iv) damaged due to a defective power supply, improper electrical p rotection, faulty installation or repair, ordinary wear a nd tear, corrosion or chemical attack, an act of God, an act of war or by an act of terrorism; or (v) has been damaged resul ting from the use of accessory equipment not sold by Xylem Wa ter Solutions USA, Inc. or not approved b y Xylem Water Solutions USA, Inc. in connection with Flygt products.

WEAR PARTS:

This warranty does not cover costs for standard and/or s cheduled maintenance performed, nor does it cover Flygt parts that, by virtue of their operation, require replacement through normal wear (aka: Wear Parts), unless a defe ct in material or workmanship can be determined by Xylem Water Soluti ons USA, Inc.. Wear Parts are defined as Cutters, Cu tting Plates, Impellers, Agitators, Diffusers, Wear Rings ( Stationary or Rotating), Volutes (when used in an abras ive environment), oil, grease, cooling fluids and/or any it ems deemed necessary to perform and meet the requireme nts of normal maintenance on all Flygt equipment.

WARRANTY
Xylem Water Solutions USA, Inc.

Ver. 12 -120312
DISCLAIMERS:
(i) Xylem Water Solutions USA, Inc.’s warranties are null and void when Flygt Products ar e exported outside of the United States of America without the knowledge and written co nsent of Xylem Water Solutions USA, Inc.; (ii) Xylem Water Solutions USA, Inc. makes no independent warranty or representation with respect to parts or products manuf actured by others and provided by Xylem Water Solutions USA, Inc. (however, Xylem Water Solutions USA, Inc. will exte nd to the Purchaser any warranty received from Xylem Water Solutions USA, Inc.’s supplier for such parts or products).

LIMITATIONS:

XYLEM WATER SOLUTIONS USA, INC. NEITHER ASSUMES, NOR AUTHORIZES ANY PERSON OR COMPANY TO ASSUME FOR XYLEM WATER SOLUTIONS USA, INC., ANY OTHER OBLIGA TION IN CONNECTION WITH THE SALE OF ITS FLYGT EQUIPMENT. ANY ENLARGEMENT OR MODIFICATION OF THIS WARRA NTY BY A FLYGT PRODUCT DISTRIBUTOR, OR OTHER SELLING AGENT SHALL BECOME THE EXCLUSIVE RESPONSIBILITY OF SUCH ENTITY.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF AN Y AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,

GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE R ELATING TO FLYGT PRODUCT(S), INCLUDING AND

WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABIL ITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EX CLUDED. PURCHASER’S EXCLUSIVE REMEDY AND XYLEM WATER SOLUTIONS USA, INC. ’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREG OING WARRANTIES IS LIMITED

TO REPAIRING OR REPLACING FLYGT PRODUCTS AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER HEREUNDER. IN NO EVENT IS XYLEM WATER SOLUTIO NS USA, INC. LIABLE FOR ANY OTHER FORM OF

DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTA L, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR

SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF ANTICIPATED

SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.

XYLEM WATER SOLUTIONS USA, INC. WILL NOT BE HELD RESPO NSIBLE FOR TRAVEL EXPENSES, RENTED EQUIPMENT,

OUTSIDE CONTRACTOR'S FEES, OR ANY EXPENSES ASSOCIATED WITH A FLYGT PRODUCT REPAIR SHOP NOT AUTHORIZED BY XYLEM WATER SOLUTIONS USA, INC. U.S.A., INC. REIMBURSEMENT COSTS FOR CRANES AND/OR ANY

SPECIAL EQUIPMENT USED IN CONJUNCTION FOR THE REMOVAL A ND/OR REINSTALLATION OF ANY FLYGT EQUIPMENT IS NOT COVERED UNDER THIS WARRANTY.

ANY UNAUTHORIZED ALTERATIONS TO SUPPLIED FLYGT EQUIPME NT USED WITHOUT XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLE OR CONTROLS WILL NOT BE COVERED UNDER THIS WARRANTY , UNLESS IT CAN

BE PROVEN SUCH ANCILLARY EQUIPMENT IS SUITABLE FOR THE PURPOSE AND EQUAL TO XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLES OR CONTROLS THAT WOULD ORIGINALLY HAVE BEEN SUPPLIED WITH THE TYPE OF EQUIPMENT IN USE.

REQUIREMENTS:

A copy of Electrical System Schematics of the Control u sed (including a Control’s Bill of Material) could be required to support a Warranty Claim when a non Flygt Brand C ontrol is used. In addition, a written record, hereby k nown as “the log”, will be associated with each unit serial numbe r and must be maintained by the organization having pr oduct maintenance responsibility. The log must record each p reventative maintenance activity and any repair act ivity during the life of the warranty or verification that a Xylem Wate r Solutions USA, Inc. authorized Service Contract for Flygt Products is in force and must be available for review and/or audit ing. Failure to meet these conditions could render this warrant null and void. Such logs could be required to determine warranty coverage.

WARRANTY
Xylem Water Solutions USA, Inc.

Ver. 12 -120312
STORAGE:

Should a delay occur between ship date and the date of start-up, maintenance as outlined in Xylem Water S olutions USA, Inc.’s Care & Maintenance Manual for Flygt Products must be performed by the “CONTRACTOR” and/or “OWNER” du ring any such period of storage. Documentation providing proof and outlining what maintenance was performed must be provided to Xylem Water Solutions USA, Inc. or its Flygt Products representative within thirty (30) days of s aid maintenance, or the Xylem Water Solutions USA, Inc. warranty for Flygt Products could be considered void.

CONTROLS:

Warranty coverage for permanently installed controls will start for the end purchaser on the date of shipm ent. This warranty does not apply to controls that have been damag ed due to a defective and/or improper input power suppl y, improper electrical protection, accidental damage, imp roper or unauthorized installation and/or repair, unauth orized alteration, negligence, environmental corrosion or chemical attack, improper maintenance or storage of control, any act of God, an act of war, an act of terrorism or damage resul ting from the use of accessory equipment not approved b y Xylem Water Solutions USA, Inc.. Further, this warranty do es not apply in the event an adjustment is found to cor rect the alleged defect.

Solid state devices will be covered for a period of on e (1) year except in the Flygt Standard Control Pane l (FSCP) where the solid state devices will be covered for the full w arranty period of the control panel. Electrical control panels containing controllers, PLC’s, drives, soft starts, and other compu terized equipment will require Transient Voltage Sur ge Suppression (TVSS) protection in order to satisfy the requirements of this warranty. The protection equipment associated wi th the control must be kept in working condition during the lif e of the warranty. Auxiliary equipment supplied with the control (air-conditioners etc.) is limited by the respective original equipment manufacturer’s warranty offered. Consumable items such as: light bulbs, fuses, and relays are covered under normal operating conditions. Electrical surges experienced during startups and/or during normal operating use of t he control panel will cause the consumable items not t o be covered under this warranty policy. Components not supp lied by Xylem Water Solutions USA, Inc. will not cover ed by this warranty.

TOP (The Optimum Pump Station)
Xylem Water Solutions USA, Inc. will warrant the Flyg t TOP pre-engineered fiberglass pump station componen ts against defects in material and workmanship for a period of one (1) year from date of start-up or eighteen (18) months from date of shipment and is valid only to the original owner of the station. Warranty shall cover the cost of labor and materials required to correct any warrantable defect, excluding any removal and reinstallation costs, FOB Xylem Water Solutions USA, Inc.’s authorized warranty service location for Flygt’s TOP.

Flygt Products contained within a TOP pre-engineered fiberglass pump station will carry the standard Xyl em Water Solutions USA, Inc. warranty for Flygt products and/or accessories installed in the TOP pre-engineered fib erglass pump station.

All Flygt Product restrictions and/or limitations as ou tlined and described within the context of this warra nty are germane to all sections of this Xylem Water Solutions USA, Inc. Warranty document.

Xylem Water Solutions USA, Inc.

National Quality Assurance - US Corporate

WARRANTY
Xylem Water Solutions USA, Inc.

Ver. 12 -120312
ADDENDUM – WARRANTY COVERAGE BY PRODUCT
PRODUCT PRODUCT SERIES AND CONFIGURATION Months Months Months Months Months 1 - 12 13 - 18 19 - 36 37 - 39 40 - 60
Axial Flow/ Mixed Flow/ Centrifugal Pumps & Mixers
3000 Series (CP, NP, DP, CT, NT, CZ, NZ, LL)
4000 Series (SR, PP)
7000 Series (PL)
100% 50% 25%
Flygt Standard Control Panels (FSCP) Standard Control Panels (FSCP – permanently installed) 100% (From Ship Date)
ETO Electrical Control Panels Engineered to Order, Xylem Manufactured Control Panels (permanently installed) - 3 Years 100% - 1 YR LIMITED - 2 - YR Abrasion/Corrosion Resistant & Chopper/ Grinder Pumps
3000 Series (MP, MF, MH, FP, FS, FT, HP, HS)
5000 Series (HP, HS)
8000.280 Series (DP, DZ, DT, DS, DF)
100%

Dewatering Pumps
2000 Series (BS, KS)
3000 Series (CS, NS, DS)
8000.280 Series (DS, DF)
100% (From Ship Date)
TOPS Fiberglass Pump Station 100% (From Ship Date)
Accessories Permanent / Portable
100%
(From Ship
Date)

Hydro ejectors/ Aerators HE, JA 100%
Portable Pump Controls
TOPS Control Panels
Control Boxes (Nolta, MSHA etc.)
TOPS control panels (permanently installed)
100%
(From Ship
Date)
Small Pumps 3045, 3057, SX
100%
(From Ship
Date)
Parts - * All new Flygt parts (mechanical & electrical) 100%
(From Ship
Date)
* - Parts that fail where used in a repair are warranted for one (1) year from the date of the repair for the failed part only – no labor; This Includes Flygt pump controllers, Flygt supervision equipment, Flygt submersible level transducers, etc.

COUNCIL COMMUNICATION
CC #:
3584
File #:
0203-05
Title:

Network Firewalls Subscription and Support - Purchase Order Contact:

Cesar Gamez 916-774-5408 [email protected]

Meeting Date: 10/16/2024
Item #: 7.3.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a purchase order with Optiv Security, Inc. for the renewal of the Palo Alto Networks subscription and support for the City's firewalls which provide critical security protections for all City systems and applications. The purchase order will use the competitively-bid U.S. General Services Administration (GSA) contract #47QSWA18D008F through Carahsoft, a government contract aggregator, which is valid through August 21, 2028.

Staff also requests authorization to approve three (3) optional one (1) year renewals 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 systems and applications are protected from cyber attacks by network firewalls. These firewalls allow the public to securely access City services hosted internally, allow City employees to securely access the internet to perform their job duties, and provide remote access for employees working from home. These firewalls constantly monitor all internet access and use advanced technology for protection against cyber threats.

The cost of the annual subscription and support of these firewalls is $138,189.99 through Optiv Security, Inc. using the competitively-bid GSA contract, which is valid through August 21, 2028.

FISCAL IMPACT
The subscription and support cost totaling $138,189.99 is included in the approved FY2024-25 Information Technology Operations Fund budget. The amount for the current year and the three (3) optional renewal years, with maximum 6% year-over-year increases, is a total amount not to
exceed
$605,000.

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, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a purchase order for subscription and support of the City's network firewalls meet the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Cesar Gamez, Information Security Administrator
Hong Sae, Chief Information Officer

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-359
RESOLUTION NO. 24-359

APPROVING A PURCHASE ORDER FOR THE RENEWAL OF PALO ALTO

NETWORK SUBSCRIPTIONS AND SUPPORT

WHEREAS, a purchase order for the renewal of Palo Alto Networks subscription and support for the City’s firewalls, by and between the City of Roseville and Optiv Security, Inc., has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said purchase order is approved.

BE IT FURTHER RESOLVED that three (3) additional one (1) year renewals are hereby approved 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

COUNCIL COMMUNICATION
CC #:
3589
File #:
0704-01
Title:

Twinwood Park Play Structure Replacement Project - Contract Purchase Agreement Contact:

Tara Gee 916-774-5253 [email protected]

Meeting Date: 10/16/2024
Item #: 7.4.

RECOMMENDATION TO COUNCIL
Staff requests that the City Council adopt a resolution to approve a contract purchase agreement (#3004062) to replace the play structure at Twinwood Park, and authorize the City Manager to execute it.

BACKGROUND
Consistent with the Parks, Recreation & Libraries Department’s ten-year rehabilitation plan, play structures are upgraded and replaced on a consistent cycle to address wear and tear, to ensure overall public safety and to adhere with any new code compliance requirements. This replacement will occur in FY2024-25.

In May 2024, staff sought public feedback for the new play structure at Twinwood Park. The outreach process included social media and onsite signage with a QR code inviting residents to review and comment on the proposed play structure design. Through the two week comment period, no feedback was received.

FISCAL IMPACT
The contract amount is $145,354.02. Funding was allocated from the General Fund during the FY2023-24 budget to the Parks, Recreation and Library Capital Projects Fund. There will be no additional General Fund impact.

ENVIRONMENTAL REVIEW
The proposed project involves the replacement of existing structures and facilities. This activity is categorically exempt from CEQA as a Class 2 Exemption (State CEQA Guidelines Section 15302). 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
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Tara Gee, Park Planning & Development Manager
Jill Geller, Parks, Recreation & Libraries Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Vicinity Map
Resolution 24-353
CPA 3004062
CEQA Exemption
City of Roseville
North Central
Twinwood Park Playground Replacement

VICINITY MAP
1 inch = Mile
( IN MILES )

GRAPHIC SCALE
0 .125 1
1/4
.50.25.25
PLEASANT GROVE BLVD.

ROSEVILLE PRKWY.

W
ASHINGTON BLVD.

ROSEVILLE BYPASS - 65
ROSEVILLE PRKWY.

PROJECT

LOCATION
RESOLUTION NO. 24-353

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, contract purchase agreement (3004062) for , by and between the City of Roseville and Ross Recreation Equipment Company, Inc., has been reviewed by the City 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.

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: Twinwood Park – Play Structure Replacement Project

Project Location(s): 575 Twinwood Loop (APN 363-250-033-000), Roseville, CA 95678.

Project Description: The Parks, Recreation and Libraries (PRL) Department propos es to approve a contract purchase agreement to remove and replace the existing play structure located at Twinwood Park. Consistent with the PRL Department’s ten- year rehabilitation plan, play structures are upgraded and replaced on a consistent cycle to address wear and tear, to ensure overall public safety and to adhere with any new code compliance requirements. These improvements are not intended to substantially expand capacity.

Public Agency Approving Project: Roseville City Council

Agency/Individual Carrying Out Project : City of Roseville Park , 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 would approve funding to purchase new play structure equipment, which would result in the removal and replacement of the existing play structure and will have the same purpose and capacity as the existing structure. Therefore, the Class 2 Exemption is applicable to the proposed project.

Lead Agency Contact Person: Tara Gee, Park, Recreation and Libraries Department, 316 Vernon Street, Roseville, CA 95678. 916-774-5253.

Signature: Date: 9/16/2024
Jessica Lynch, Environmental Coordinator
City of Roseville

COUNCIL COMMUNICATION
CC #:
3579
File #:
0203-12
Title:

Public Safety Radio Equipment - Purchase Orders
Contact:

Matthew Lauchner 916-774-5807 [email protected]

Meeting Date: 10/16/2024
Item #: 7.5.

RECOMMENDATION TO COUNCIL
Staff requests that the City Council approve purchase orders for public safety radio equipment from BK Technologies, Inc, through the use of the State of Washington NASPO Value Point Master Price Agreement #00318, pursuant to Participating Addendum Number 7-22-70-49- 18 between the State of California Department of General Services (CA-DGS) and BK Technologies, Inc., for the remaining portion of the term of January 1, 2022 thru December 31, 2026.

BACKGROUND
The Roseville Fire Department continues to upgrade its fleet of public safety radios used while receiving and providing mutual aid resources with agencies inside Placer County, as well as state- wide. These radios are required for common communications between nine engine companies, two truck companies and individual members while operating on fires, medical responses, hazardous materials incidents, rescues, floods and other emergencies. The Roseville Fire Department continues to convert its mutual aid radios to state-of-the-art BK Technologies, Inc. equipment, specified by state and federal partners, to take advantage of common programming, maintenance, training and competitive pricing provided, by utilizing the same radio platform as larger partner agencies.

The City will utilize the State of Washington NASPO Value Point Master Price Agreement #00318 and Participating Addendum Number 7-22-70-49-18 through the State of California Department of General Services and BK Technologies, Inc. until December 31, 2026. Section 4.12.105 of the Roseville Municipal Code authorizes the Purchasing Officer to use cooperative contracts offered by other public entities and specifically allows purchases under NASPO Value Point. The contract includes a BK Technologies dealer list of suppliers that can assist in meeting the fire agency's supply requirements. Staff requests authorization to utilize the companies authorized through the NASPO Value Point Contract #00318 for purchases.

FISCAL IMPACT
Funding is included in the Fire Department's budget in the General Fund for FY2024-2025 and will be recommended for Council approval in subsequent fiscal year budgets. The estimated cost of purchases for the remaining duration of the contract is estimated at $750,000.

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, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a purchase order 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 C - Maintain a safe and healthy community

Respectfully Submitted,
Matthew Lauchner, Fire Division Chief
Rick Bartee, Fire Chief

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
NASPO Cooperative
Purchasing Master Agreement 00318

COUNCIL COMMUNICATION
CC #:
3591
File #:
0203-09
Title:

General Construction Services - Contract Purchase Agreements Contact:

Blaine Wiegel 916-746-1833 [email protected]

Meeting Date: 10/16/2024
Item #: 7.6.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt resolutions to approve Contract Purchase Agreement #3004166 with Bullard, Inc. dba Bullard Construction, Inc., and Contract Purchase Agreement #3004158 with Carter-Kelly, Incorporated to provide general construction services, and authorize the City Manager to execute them on behalf of the City of Roseville.

Additionally, staff 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 vendors is not in the City's best interest.

BACKGROUND
The City of Roseville, through its Environmental Utilities Department (EU), owns and operates the Dry Creek Wastewater Treatment Plant (DCWWTP), Pleasant Grove Wastewater Treatment Plant (PGWWTP), Barton Road Water Treatment Plant (BRWTP), as well as the distribution system for water, a collection system for wastewater, and a recycled water system.

From time to time, EU has general construction services or projects that need to be completed in a relatively short period of time due to operational or maintenance needs.

On June 17, 2024, EU released a Request for Proposals (RFP) #08-142, looking for qualified contractors to provide on-call construction services for the water and wastewater plants, lift stations, and pump stations on a scheduled and as-needed basis.

Seven (7) proposals were received by the City Clerk’s office for review and consideration. Based upon review of the proposals by the EU’s Proposal Evaluation Committee, the proposals of Bullard, Inc. dba Bullard Construction Inc. and Carter-Kelly, Incorporated were identified as providing the best value to the City and were the highest ranked using the evaluation criteria outlined in the RFP.

FISCAL IMPACT
The estimated cost for the services for the two agreements is $700,000 per year (up to $200,000
per year with Bullard Construction and up to $500,000 per year with Carter-Kelly, Incorporated) .

The not-to-exceed cost for the two agreements including the four additional one-year renewals is $3,500,000.

Funding may be provided from the Environmental Utilities Department’s rehabilitation funds, construction funds, and operating budgets, as well as the South Placer Wastewater Authority, based on each project's funding source.

ENVIRONMENTAL REVIEW
The proposed project involves the operation, repair, maintenance, and/or minor alteration of existing facilities. 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 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 24-355
Bullard CPA
Bullard Construction proposal
Resolution 24-356
Carter Kelly CPA
Carter Kelly Construction Proposal
CEQA Exemption
RFP 08-142
RESOLUTION NO. 24-355

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND BULLARD, INC. DBA BULLARD CONSTRUCTION, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a contract purchase agreement (3004166) for general construction services as-needed, by and between the City of Roseville and Bullard, Inc. dba Bullard Construction, 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 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

Response to RFP #08-142

GENERAL CONSTRUCTION SERVICES
Prepared For:

Deliver to: City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
Email: [email protected]
Proposal Date: JULY 31, 2024
Bullard Construction, Inc. | CSLB #1002120 | 7447 Antelope Rd. Ste 202, Citrus Heights, CA 95621

Firm’s Qualifications
Experience and References
Qualifications of Team
Cost Proposal
Required Statements / Documents
Exceptions
Competency of Proposer

TABLE OF CONTENTS

COVER LETTER
TAB A :

TAB B :

TAB C :

TAB D :

TAB E :

TAB F :

TAB G :

Please Click Links Below to Go Directly to Section

Prevailing Wage Notification

1.0 Introduction

2.0 Tentative Project Schedule

3.0 Scope of Services

4.0 Contracting Methodology

5.0 Assurance of Designated Project Team

6.0 Proposal Format Requirements

7.0 Submittal Instructions

8.0 Evaluation Criteria

9.0 Selection Process

10.0 General Terms and Conditions

11.0 Attachments
* NO ADDENDUMS WERE RECEIVED ON THIS RFP PRIOR TO BID.

Cover Letter
City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
Title of RFP:

RFP #08-142 General Construction Services
Proposal Submitted By:

Bullard, Inc. dba: Bullard Construction, Inc.
7447 Antelope Rd. Suite 202
Citrus Heights, CA 95621
Bullard Construction, Inc. Contact Info:

Matthew Kartchner, Vice President of Construction
[email protected]
(916)485-4370
Bullard Construction, Inc. is pleased to present our proposal for the City of Roseville GENERAL CONSTRUCTION SERVICES per the RFP documents provided to include:

Bullard Construction, Inc. agrees to comply with all RFP Documents referenced above and will enter into the General Construction Services Contract if selected for award.

Respectfully Submitted,
Justin Iodence
VP of Preconstruction
Marshall Hendon
President
Matt Kartchner
VP of Construction

Bullard Construction, Inc. was founded on the vision of building meaningful enduring relationships within our industry.

The vast majority of our work is performed with repeat clients. This is a testament to both the level of service that we provide and our ability to build trust with our clients, design partners, subcontractors, vendors and tenants that we serve. There is nothing more rewarding than receiving a call from an Owner or Architect that we have partnered with on past projects to see if we are interested in assisting them with their upcoming projects. We have listed the items below that demonstrate our unique qualifications to be selected as the preferred General Contractor for the Roseville General Construction Services. Our long standing working relationship with the City of Roseville demonstrates our ability to consistently deliver successful projects! TAB A: FIRM’S QUALIFICATIONS
We have been working with Municipalities, State and Federal Agencies since our founding in 1987.

We have a dedicated CONSTRUCTION TEAM that will work with your Ownership and Design Team to provide invaluable support and analysis throughout the Constructability, Value Engineering, Site Logistics, Safety, Schedule, Procurement, Permitting and Budgeting Phases of the project.

Bullard Construction, Inc. has extensive experience in delivering Design Assist, Design Build, Design Bid Build and Plan Spec Projects
COMPANY EXPERIENCE WORKING ON GENERAL CONSTRUCTION PROJECTS:

Our office is located only 3.1 miles from the Roseville City Hall which will allow us to respond to any and all Preconstruction and Construction needs in an efficient and timely manner.

We have developed strong working relationships with a wide variety of local subcontractors, vendors, building department officials & inspectors which is critical in establishing clear communication, setting project expectations and mitigating potential cost & schedule impacts.

Bullard Construction, Inc's. Ownership Group are all working in the day to day activities of the business and will be heavily involved throughout the preconstruction and construction processes.

LOCAL CONTRACTOR BASED IN CITRUS HEIGHTS, CALIFORNIA:

Bullard Construction, Inc. is fiscally responsible and has developed an amazing reputation for paying our subcontractors and vendors consistently and according to the terms of the contract.

We have long term positive relationships with our Banking, Bonding and Insurance partners.

Our reviewed Corporate Financials and Bond Letters are available upon request.

We perform financial background reports on our subcontractors to help ensure that they are financially capable of executing the project through closeout and warranty period.

CORPORATE FINANCIALS We selectively hire, train and retain the best employees in the construction industry.

Your designated Project Superintendent has 20 Years with Bullard and 30+ years in construction.

Your designated Project Executive has 12 Years with Bullard and 25 years in construction.

EXPERIENCED CONSTRUCTION TEAM:

CORPORATE INFORMATION
TAB A: FIRMS QUALIFICATIONS
Name of Corporation:

Corporate Address:

Primary Contact:

Primary Contact Email:

Primary Contact Mobile:

Office Phone:

Company Website:

Years in Business:

President:

Vice Presidents:

Secretary:

Treasurer:

Contractors License:

Bank Reference:

Bonding Company:

Bonding Agent:

Bullard, Inc. dba: Bullard Construction, Inc.
7447 Antelope Rd. Ste. 202, Citrus Heights, CA 95621
Matthew Kartchner / Partner and VP of Construction
[email protected]
(916)412-2019
(916)485-4370
www.bullardinc.net
3 7 (1987)
Marshall Hendon
Justin Iodence | Bryan Bullard | Matthew Kartchner
Matthew Kartchner
Bryan Bullard
CSLB #1002120 | "B" General Contractor
River city Bank | Dan Kellow (916)834-3618
Zurich American Ins. Company | Dave Gillis (916)952-0800 Stanley Matranga | (916)474-4227

BULLARD CONSTRUCTION ORGANIZATIONAL CHART
TAB A: FIRMS QUALIFICATION
Marshall Hendon
President
Bryan Bullard
Founder / EVP
Justin Iodence
VP / Preconstruction
Matt Kartchner
VP / Operations

PROJECT MANAGERS
Kenny Chacon*
Brian Randlett
Bryan Meyer
Zach Uvalle
Ethan Sclare, Project Eng.

PROJECT SUPERINTENDENTS
Eric Dominguez*
Tony Hernandez
Joe Chapman
Tony Armstrong
Garry Lee Maier
Mike Hicks

ACCOUNTING & LABOR COMPLIANCE
Wendy Cruickshank*

FOREMAN / CARPENTERS
Jon Coffman*
Gavin Williams
Steve Loheit
Edgar Escobedo

TAB B: EXPERIENCE AND REFERENCES
Experience
Bullard, Inc. has been providing construction services to The City of Roseville for the past 15 years. These projects have included scopes from various service repairs to the construction of your Waste Water Treatment Plant Metal Building and Fire Stations. We also maintain an “IDIQ” contract with the Judicial Council of California and perform work for them across the state to include Courtroom Remodels, Elevator Replacements, Mechanical, Electrical, Plumbing, Fire Alarm and Building Automation.

Kenny Chacon will be the Project Manager and Eric Dominguez will be the Superintendent for the Roseville General Contractor Services. Resumes are included in TAB C.

Performance
Punch list items are kept to a minimum through continuous inspection and communication with the Owner, Architect, Subcontractors and Building Inspectors.

Quality Control will be achieved by utilizing our Project Management Software PROCORE to document and track all construction activities throughout the project. This process allows us to ensure that all of the most current project documents are distributed to the team in a timely and efficient manner.

We will require our subcontractors to provide weekly as-built updates which we will verify onsite for work completed. Once verified, we will add them to the PROCORE Drawing files and distributed to the Owner and Architect.

We utilize Meeting Agendas through PROCORE which are distributed prior to all OAC Meetings. Once the meeting has ended we update the Meeting Minutes and distribute to the team. (SEE ATTACHMENT K).

Our approach to communication with the project team and owner is to be open, direct, and to always work to resolve any potential issues before they become an issue. Typically we will meet in person or via Zoom as frequently as required to ensure that we are meeting or exceeding our clients expectations.

Disputes and Resolutions
We believe that documenting and clearly communicating any potential issues eliminates the majority of disagreements. When we become aware of an issue, we develop a plan that provides all available options to resolve the issue prior to meeting with ownership or the Architect and will work together with them to create a positive outcome.

We have long standing working relationships with the majority of Subcontractors that we select for our projects. Disagreements will undoubtably still occur, so our first step to resolve them would be through a review of the project documents. If there is a lack of clarity in the project documentation we will submit an RFI to the Owner & Architect. We believe that it is beneficial to meet with all of the subcontractors at the beginning of the project to set clear objectives and ensure that we are tracking towards the project objectives throughout the course of construction.

1. a.
b.

2. a.
b.
c.
d.
e.

3. a.
b.

Roseville Projects City State Type
20-032 CoR Fire Station #2: Phase #2 Roseville CA Municipal 20-101 - COR FS#5 Awning (T&M) Roseville CA Municipal
20-102 - COR CC Breakroom tops Roseville CA Municipal
20-103 - COR - Royer Park Dryrot Repair Roseville CA Municipal 20-104 COR Downtown Library Dry Rot Roseville CA Municipal 20-105 - COR Boiler Tank Replacement Roseville CA Municipal 20-105-2 - CoR Mahany WH Repair work Roseville CA Municipal 20-107 Civic Center Soundproofing Roseville CA Municipal 20-108 Downtown Skate Deterrents Roseville CA Municipal 20-109 Corp Yard Parking Cover Roseville CA Municipal
20-110 Compressor Enclosure Repair Roseville CA Municipal 20-111 Downtown Statue Relocation Roseville CA Municipal 20-112 BWWTP 1st Floor Painting Roseville CA Municipal 20-113 BWWTP 2nd Floor Painting Roseville CA Municipal 20-115 CoR Downtown Safety Rails Roseville CA Municipal 20-116Water Collections Building Painting Roseville CA Municipal 20-117 Sports Center Bleacher Removal Roseville CA Municipal 20-118 Collections Building Breakroom TI Roseville CA Municipal 20-120 116 Grant St Concrete Improvements Roseville CA Municipal 20-121 Demo Old Shop at Old Corp Yard Roseville CA Municipal 20-124 CoR Courthouse Board Up Roseville CA Municipal
20-127 BWWTP 2nd Floor Painting II Roseville CA Municipal 20-131 Old Firehouse Boardup Roseville CA Municipal
20-133 EU High Density Storage Roseville CA Municipal
20-134 Downtown Awning Move Roseville CA Municipal
20-135 - Environmental Utilities Painting Roseville CA Municipal 20-136 Corp Yard Meeting Room Door Move Roseville CA Municipal 21-100 Roseville P&P Bonds for Contract Roseville CA Municipal 21-103 - FM CoR Atrium Drywall Repair Roseville CA Municipal 21-105 FM Legacy Building Water Damage Roseville CA Municipal 21-106 FM Carnegie Museum Water Damage Roseville CA Municipal TAB B: EXPERIENCE AND REFERENCES

PARTIAL LIST OF PREVIOUS PROJECTS WITH THE CITY OF ROSEVILLE 21-108 - FM - 401 Oak St Barrier Walls Roseville CA Municipal 21-109 FM Rock Wall Demo Roseville CA Municipal
21-110-FM Maidu Track Light Replacement  Roseville CA Municipal 21-111 Roseville Electric Stucco Repair Roseville CA Municipal 21-113 FM Corp Yard Office Header Roseville CA Municipal 21-114 FM CoR Electric Window Infill Roseville CA Municipal 21-115 FM CoR Electric Soundproofing Roseville CA Municipal 21-116 FM MIM Rehab Roseville CA Municipal
21-118 FM Parking Garage Bollard Roseville CA Municipal 21-119 FM Corp Yd Office Tinting Roseville CA Municipal 21-120 FM T&M Shelving Install Roseville CA Municipal
21-121 FM Legacy Bldg. Rail Repair Roseville CA Municipal 21-124 FM Downtown Window Repair Roseville CA Municipal 21-126 -FM Bike Rack Removal Roseville CA Municipal
21-201 EU - Locker Room Expansion Roseville CA Municipal 22-215 Bollard Repair Sports complex Rosville CA Municipal 22-203 FM Legacy Building Concrete Pad Roseville CA Municipal 22-209 FM Downtown T&M Work Roseville CA Municipal
22-210 Top Notch Tinting Roseville CA Municipal
22-219 FM Maidu tile removal Roseville CA Municipal
22-220 FM Pump house repair and paint roseville CA Municipal 22-221 Fleet services painting Roseville CA Municipal
22-222 Roseville PD Star Roseville CA Municipal
22-223 Sargeant Elementary Painting Roseville CA Municipal 22-229 Top Notch Tinting 2022 Roseville CA Municipal
22-230 COR Sports Center TV's Roseville CA Municipal
22-231 RPD Real Crime Center Roseville CA Municipal
22-234 Waste mngt cabinet install T&M roseville CA Municipal 22-241 116 S. Grant st Roseville CA Municipal
22-250 RAC ceiling Repair T&M Roseville CA Municipal
22-301 EU-PGWWTP Vent Fan Roseville CA Municipal
21-108 - FM - 401 Oak St Barrier Walls Roseville CA Municipal 21-109 FM Rock Wall Demo Roseville CA Municipal
21-110-FM Maidu Track Light Replacement  Roseville CA Municipal 21-111 Roseville Electric Stucco Repair Roseville CA Municipal 21-113 FM Corp Yard Office Header Roseville CA Municipal TAB B: EXPERIENCE AND REFERENCES

PARTIAL LIST OF PREVIOUS PROJECTS WITH THE CITY OF ROSEVILLE 23-229 Station 7 stucco repair Roseville CA Municipal
23-229 Station 7 Stucco repair Roseville CA Municipal
23-230 Vernon St. Parking Garage T&M Roseville CA Municipal 23-232 Grant st window frosting Roseville  CA Municipal 23-234 FS 2 Kitchen floor Roseville CA Municipal
23-236 Maidu Preschool Roseville CA Municipal
23-237 FS 2 Concrete site work Roseville CA Municipal
23-239 Maidu Activity Room #1 Roseville CA Municipal
23-241 Passport window tint Roseville  CA Municipal
23-244 Council Chambers closure T&M Roseville CA Municipal 23-245 Fitness Center Activity Room Roseville CA Municipal 23-250 RFC basketball hoops T&M Roseville CA Municipal 23-251 Gooseport access door Roseville CA Municipal
23-253 Maidu Outlets Roseville CA Municipal
23-254 Parking Garage T&M Roseville CA Municipal
23-255 Bus stop demo-29,204,3 Roseville CA Municipal
23-258 Station 9 Dorm Roseville CA Municipal
23-259 Station 3 counter repair Roseville CA Municipal 23-260 Roseville electric monitors Roseville CA Municipal 23-261 PGWWTP Blinds Roseville CA Municipal
23-204 Fleet services screen wall Roseville CA Municipal 23-205 Main Library Access Door T&M Roseville CA Municipal 23-206 Fleet services restrooms Roseville CA Municipal 23-209 Royer Park Glass Roseville CA Municipal
23-211 Water Works work stations Roseville CA Municipal 23-212 Parking garage concrete T&M Roseville CA Municipal TAB B: EXPERIENCE AND REFERENCES

PARTIAL LIST OF PREVIOUS PROJECTS WITH THE CITY OF ROSEVILLE General Construction Service Projects have multiple complexities during the Design and Construction phases that demand a highly skilled and experienced project team. Every member of the team that we have thoughtfully selected for your GC Services has the requisite knowledge and project leadership experience to successfully deliver on your projects regardless of size and complexity.

TAB C: QUALIFICATIONS OF TEAM
Eric DominguezKenny Chacon
Zach Uvalle
Project SuperintendentProject Manager
Project Engineer
Justin Iodence Marshall Hendon
Matt Kartchner
Partner & VP Preconstruction President Estimating
Partner & VP Operations
Project Responsibilities:

Owner Contract Review
Execute Subcontracts
Procurement Schedule
Project Schedule Updates
Maintain RFI & CO Logs
Payment Applications
Facilitate OAC Meetings
Project Responsibilities:

Maintain Site Safety
Schedule Inspections
Maintain Daily Logs
Schedule Subcontractors
Enforce Quality Control Measures
Supervise Daily and Final Clean
Participate in OAC Meetings
Project Responsibilities:

Maintain Procurement Schedule
Assist with Buyout Log
Maintain Daily Logs
Assist with RFI & CO Logs
Coordinate Resident Relocations
Attend & Document OAC Meetings
Review & Maintain Sub Insurance Log
Project Responsibilities:

MEP Coordination
Constructability Review
Provide Owner Updates
Execute Owner Contract
Prepare Contract Exhibits
Participate in OAC Meetings
Project Responsibilities:

Develop Project Estimate
Level Subcontractor Bids
Maintain Project Financials
Review Payment Applications
Review Subcontract Agreements
Project Responsibilities:

Project Executive
Scheduling Manager
Owner Contract Review
Prepare Site Logistics Plan
Assist with Schedule Updates
Review Payment Applications
Participate in OAC Meetings

KENNY CHACON
Project Manager

CONTACT RELEVANT PROJECT EXPERIENCE
Kenny has over 35 years of Construction experience
primarily working with Municipalities and Private
Owners on Commercial Office Tenant
Improvements and . He has worked as both a
Project Manager and Project Superintendent on
over 300 Tenant Improvement Projects.

ABOUT ME
(916)717-8503
[email protected]

SKILLSET
Constructability Review
Construction Scheduling
Contract Compliance
Subcontractor Negotiations
Strong Communication Skills
Building Code Compliance

EDUCATION
OSHA 30 Hour Certified
Kenny’s Partial List of Completed Projects

EXPERIENCE
YEARS IN CONSTRUCTION: 35
YEARS EMPLOYED AT BULLARD: 22
Account Manager- City of Roseville Contract
Green Acres New Store Build in Citrus
Heights JCC Kern County Courthouse
Centene Corporation Office Build
Health Net Pharmacy Build
Centene Mechanical Yard
Dublin DUI Center

ABOUT ME

ERIC DOMINGUEZ
Project Superintendent

CONTACT RELEVANT PROJECT EXPERIENCE
Eric enjoys getting involved early on in the
preconstruction process to assist with the constructability of design and implement changes that provide benefits
to the owners, construction crews and inspectors as the projects are built out. His ability to manage the project schedule, coordinate multiple trade partners and
effectively communicate with the owners and architects
has allowed him to successfully complete over 20
Affordable Housing Rehabilitations.
(916)588-0330
[email protected]

SKILLSET

EDUCATION
OSHA 30 Hour Certified

EXPERIENCE
YEARS IN CONSTRUCTION: 30
YEARS EMPLOYED AT BULLARD: 14
Driving the Construction Schedule
Inspection Coordination
Subcontractor Schedule and Phasing Plans
Project Quality Control
Safety Plan & Enforcement
Plan Review & Building Code Compliance
Eric's List of Recent Projects
Bay Oak Apartments
East Palo Alto, California
March 2022- May 2023
The Bay Oak Apartment project included the rehabilitation of a 38 unit complex consisting of 5 Buildings and
Community Room. The project included ADA
improvements, replacement of the HVAC, roofing, siding, window, sliders, plumbing fixtures, DWV piping, flooring and electrical fixtures.

Bennett House Apartments
Fairfax, California
September 2019 - November 2020
The Bennett House project included the rehabilitation of a 70 Unit, 3 Story Senior Affordable Housing Project. The upgrades included ADA improvements, replacement of
HVAC, stucco siding, windows, sliders, plumbing and
electrical fixtures. It also included the construction of a ground up Maintenance Building.

ZACH UVALLE
Project Engineer

CONTACT

RELEVANT PROJECT EXPERIENCE
Zach has been with Bullard Construction for 6 years and has proven to be a quick learner. He has executed the
many duties of a Project Engineer on several of our
largest affordable housing projects and our clients have been extremely impressed with his results.

ABOUT ME
(530)613-8274
[email protected]

SKILLSET

EDUCATION
Bachelors in History Boise State
Construction Management Certified UC Davis
OSHA 10 Hour Certificate
Sacramento, California
La Mancha Apartments
December 2020-June 2021
The La Mancha project has the designation of being the
"1st Homekey Project" in the Sacramento Region. It
included the conversion of Hotel to Apartment units to help provide housing for the homeless residents and their
families throughout the Sacramento Area. It included the renovation of a 4-story building to include ADA Upgrades, plumbing fixture replacement, flooring and common areas.

Fresno, California
Summer Park Apartments
November 2018 - November 2020
The Summer Park Apartment project involved the
rehabilitation of a 248 unit, 17 building affordable housing complex on a 13 acre site. It included landscaping, demo, abatement, rough carpentry, windows, siding, doors,
cabinets, countertops, mechanical, plumbing, electrical, roofing and paint and additional ground up construction of a new Community building and 4 laundry rooms.

East Palo Alto, California
Bay Oak Apartments
March 2022- May 2023
The Bay Oak Apartment project included the rehabilitation of a 38 unit complex consisting of 5 Buildings and
Community Room. The project included ADA
improvements, replacement of the HVAC, roofing, siding, window, sliders, plumbing fixtures, DWV piping, flooring and electrical fixtures.

EXPERIENCE
YEARS IN CONSTRUCTION: 6
YEARS EMPLOYED AT BULLARD: 6
Excellent Communication Skills
Mission Focused
Attention to Detail
Organized and Diligent

JUSTIN IODENCE
MEP Coordinator
Partner / VP Preconstruction

CONTACT RELEVANT PROJECT EXPERIENCE
Upon completing his service in the US Marine Corps
Justin transitioned into the construction industry as a Plumber & Pipefitter with Local 447. After 10 years as a field technician he moved into a VP leadership role for a large commercial mechanical firm in Sacramento. He
joined Bullard Construction in 2020 and and has made a
significant positive impact in our preconstruction and
MEP capabilities.

ABOUT ME
(916)717-7502
[email protected]

SKILLSET

EDUCATION / CERTS
Plumber & Pipefitters Local 447 Apprenticeship

LEED AP USGBC
C20 HVAC Contractors License CSLB
United States Marine Corps
Fairfield, California
Solano Community College Lab Building
June 2017 - December 2019
The Solano Community College Lab was a ground up
Laboratory. As the Project Executive Justin oversaw the installation of the Chiller, Boiler, Air Handlers, Hydronic Piping, Exhaust Duct, Domestic and RO Water Systems,
Storm Drains, Drain Waste & Vent Systems and associated building controls.

Mountain View, California
Hyatt Centric Mountain View
September 2017 - January 2020
The Hyatt Centric was ground up construction project for a new 6 story hotel, Justin supervised the installation and start-up of the associated mechanical equipment for the 1st floor mixed use, common areas and hotel rooms
East Palo Alto, California
Bay Oak Apartments
March 2022- May 2023
The Bay Oak Apartment project included the rehabilitation of a 38 unit complex consisting of 5 Buildings and
Community Room. The project included ADA
improvements, replacement of the HVAC, roofing, siding, window, sliders, plumbing fixtures, DWV piping, flooring and electrical fixtures.

EXPERIENCE
YEARS IN CONSTRUCTION: 27
YEARS EMPLOYED AT BULLARD: 5
Energetic Construction Leader
Contract Review and Execution
Developing GC Contractor Exhibits
In-Depth Knowledge of MEP Trades
Value Engineering
Senior Estimator
Partner / President

CONTACT

RELEVANT PROJECT EXPERIENCE
Marshall is a problem solver at heart. His ability to
quickly identify information and consistently deliver a positive solution is unmatched in our industry. He has been involved at every lever of construction and has a
thoughtful well rounded approach to minimizing
project risk and developing good outcomes.

ABOUT ME
(916)337-7420
[email protected]

SKILLSET

EDUCATION / CERTS
BS Construction Management Sacramento State
LEED Green Associate USGBC
B Contractors License CSLB
Sacramento, California
La Mancha Apartments
December 2020 - June 2021
Fairfax, California
Bennett House Apartments
September 2019 - November 2020
The Bennett House project included the rehabilitation of a 70 Unit, 3 Story Senior Affordable Housing Project. The upgrades included ADA improvements, replacement of
HVAC, stucco siding, windows, sliders, plumbing and
electrical fixtures. It also included the construction of a ground up Maintenance Building.

East Palo Alto, California
Bay Oak Apartments
March 2022- May 2023
The Bay Oak Apartment project included the rehabilitation of a 38 unit complex consisting of 5 Buildings and
Community Room. The project included ADA
improvements, replacement of the HVAC, roofing, siding, window, sliders, plumbing fixtures, DWV piping, flooring and electrical fixtures.

EXPERIENCE
YEARS IN CONSTRUCTION: 20
YEARS EMPLOYED AT BULLARD: 11

MARSHALL HENDON
Plan Review and Interpretation
Estimating and Value Engineering
Subcontractor Selection and Contracts
Construction Trade Knowledge
Financial Reviews
The La Mancha project has the designation of being the
"1st Homekey Project:" in the Sacramento Region. It
included the conversion of Hotel to Apartment units to help provide housing for the homeless residents and their
families throughout the Sacramento Area. It included the renovation of a 4-story building to include ADA Upgrades, plumbing fixture replacement, flooring and common areas.

Project Executive
Partner / VP Construction

CONTACT

RELEVANT PROJECT EXPERIENCE
Matt has excelled in Managing Projects ranging from
$5M thru $250M. He has a diverse set of project
experience which allows him to effectively communicate
project objectives. He has spent the past 10 years
primarily working on Affordable Senior Housing Projects.

ABOUT ME
(916)412-2019
[email protected]

SKILLSET

EDUCATION / CERTS
BS Construction Management Brigham Young
OSHA 30

NPDES & SWPPP
Construction Document Technologist
Denver, Colorado
Clare Garden Apartments
December 2020 - March 2023
Clare Gardens Apartments is a 128 Unit, townhome style
affordable housing complex consisting of 21 buildings
spread over 7 acres. The scope included all required ADA improvements, demo/abatement, siding, windows, doors,
flooring, mechanical, electrical, plumbing, cabinets,
countertops, appliances, landscaping and sitework to
include underground detention systems.

EXPERIENCE
YEARS IN CONSTRUCTION: 26
YEARS EMPLOYED AT BULLARD: 14

MATT KARTCHNER
Project Scheduling
Skilled Labor Leader
Project Financials & Accounting
Maintains Positive Owner Relationships
Value Engineering
Summer Park Apartments
Fresno, California
November 2018 - November 2020
The Summer Park Apartment project involved the
rehabilitation of a 248 unit, 17 building affordable housing complex on a 13 acre site. It included landscaping, demo, abatement, rough carpentry, windows, siding, doors,
cabinets, countertops, mechanical, plumbing, electrical, roofing and paint and additional ground up construction of a new Community building and 4 laundry rooms.

EADS Square Senior Apartments
St. Louis, Missouri
March 2015- March 2016
The EADS Square Apartment project included
the full rehabilitation of a 30 year old, 4-story,
104 affordable housing unit building to include
elevator, new trash chute, mechanical,
plumbing, fire alarm and electrical.

TAB D: COST PROPOSAL
See following pages for Sample Invoice
TO OWNER/CLIENT: PROJECT: APPLICATION NO: 1
City of Roseville - EU
2005 Hilltop Circle
Roseville, California 95747
SAMPLE
2005 Hilltop Circle
Roseville, California 95747
INVOICE NO: 1
PERIOD: 01/01/24 - 01/31/24
FROM CONTRACTOR: VIA ARCHITECT/ENGINEER:

PROJECT NO: 24-001
CONTRACT DATE:

Bullard Construction, Inc.
7447 Antelope Road, Suite 202
Citrus Heights, California 95621
CONTRACT FOR: RFP - General Construction Services

CONTRACTOR'S APPLICATION FOR PAYMENT
Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet is attached.

1. Estimated Contract Sum $5,500.00

2. Net change by change orders $0.00

3. Contract Sum to date (Line 1 ± 2) $5,500.00

4. Total completed and stored to date
(Column G on detail sheet) $5,500.00

5. Retainage:
a.0.00% of completed work $0.00
b.0.00% of stored material $0.00
Total retainage
(Line 5a + 5b or total in column I of detail sheet) $0.00

6. Total earned less retainage
(Line 4 less Line 5 Total) $5,500.00

7. Less previous certificates for payment
(Line 6 from prior certificate) $0.00

8. Current payment due: $ 5,500.00

9. Balance to finish, Estimated
(Line 3 less Line 6) $ 0.00

CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
Total changes approved in previous months by Owner/Client: $0.00 $0.00 Total approved this month: $0.00 $0.00
Totals: $0.00 $0.00
Net change by change orders: $0.00
The undersigned certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work which previous Certificates for payment were issued and payments received from the Owner/Client, and that current payments shown herein is now due.

CONTRACTOR: Bullard Construction, Inc.

By:

ProcoreGeneralContractorSignHere
APPLICATION AND CERTIFICATE FOR PAYMENT DOCUMENT SUMMARY SHEET Page 1 of 2

Document SUMMARY SHEET, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 2/29/2024 Use Column I on Contracts where variable retainage for line items apply. PERIOD: 01/01/24 - 01/31/24 Contract Lines

A B C D E F G H I
ITEM
NO. BUDGET CODE DESCRIPTION OF WORK ESTIMATED
VALUE

WORK COMPLETED MATERIALS

PRESENTLY
STORED
(NOT IN D OR E)
TOTAL

COMPLETED

AND STORED TO
DATE
(D + E + F)
%
(G / C)

BALANCE TO
FINISH
(C - G)

RETAINAGEFROM PREVIOUS

APPLICATION
(D + E)

THIS PERIOD
1 L-06-1000.O
Rough Carpentry -
Labor.Other
Carpenter Hours = 30 @ $130 $3,900.00 $0.00 $3,900.00 $0.00 $3,900.00 100.0% $0.00 $0.00 2 M-06-1000.O
Rough Carpentry -
Material.Other
Total Materials @ 10% $1,600.00 $0.00 $1,600.00 $0.00 $1,600.00 100.0% $0.00 $0.00 T
OTALS: $5,500.00 $0.00 $5,500.00 $0.00 $5,500.00 100.0% $0.00 $0.00 Grand Totals

A B C D E F G H I
ITEM
NO. DESCRIPTION OF WORK SCHEDULED
VALUE

WORK COMPLETED MATERIALS

PRESENTLY
STORED
(NOT IN D OR E)
TOTAL

COMPLETED

AND STORED TO
DATE
(D + E + F)
%
(G / C)

BALANCE TO
FINISH
(C - G)

RETAINAGEFROM PREVIOUS

APPLICATION
(D + E)

THIS PERIOD
GRAND TOTALS: $0.00 $0.00 $0.00
CONTINUATION SHEET DOCUMENT DETAIL SHEET Page 2 of 2
$5,500.00 $5,500.00 $5,500.00 100.0% $0.00 TAB E: REQUIRED STATEMENTS/DOCUMENTS

STATEMENTS OF ASSURANCE
TAB E: REQUIRED STATEMENTS/DOCUMENTS

SECRETARY OF STATE REGISTRATION
TAB E: REQUIRED STATEMENTS/DOCUMENTS

EXECUTED PROPOSERS CERTIFICATION (ATTACHMENT B)
TAB E: REQUIRED STATEMENTS/DOCUMENTS

EXECUTED NON-COLLUSION DECLARATION (ATTACHMENT G)
TAB E: REQUIRED STATEMENTS/DOCUMENTS

CONTRACTOR LICENSE (ATTACHMENT E)
TAB E: REQUIRED STATEMENTS/DOCUMENTS

SUBCONTRACTOR LIST (ATTACHMENT F)
TAB E: REQUIRED STATEMENTS/DOCUMENTS

SUBCONTRACTOR LIST (ATTACHMENT F)
TAB E: REQUIRED STATEMENTS/DOCUMENTS

COST PROPOSAL (ATTACHMENT H)
Refer to “TAB D”
TAB F: EXCEPTIONS
Bullard, Inc. takes no exceptions to the terms and conditions described in the RFP Documents and is willing to enter into contract based on the stated terms.

TAB H: EXCEPTIONS
TAB G: COMPETENCY OF PROPOSERS
Bullard, Inc. is a fiscally responsible Corporation as evidenced by our strong financials and bonding capability. We are not experiencing any pending bankruptcy, liens, stop payment notices, judgements or lawsuits.

Reviewed Corporate Financials and Letter of Bondability are available upon request RESOLUTION NO. 24-356

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY

OF ROSEVILLE AND CARTER-KELLY, INCORPORATED, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a contract purchase agreement (3004158) for general construction services as-needed, by and between the City of Roseville and Carter-Kelly, Incorporated, 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 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.

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: On-Call Construction Services – Contract Purchase Agreement (RFP # 08-142)

Project Location(s): Various, citywide at City-owned and operated facilities.

Project Description: The Environmental Utilities (EU) Department recommends the approval of two contract purchase agreement s to provide on- call general construction services for minor projects that need to be completed in a rel atively short period of time due to ongoing operational and maintenance needs at EU facilities. Any projects that would result in increases in capacity and/or expansion of use would not be able to use this on- call construction services contract and would require separate CEQA analysis.

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 operation, repair, maintenance, …or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.

The project consists of two contract purchase agreements to provide on-call construction services associated with various E U projects at facilities citywide needed for operation, repair, maintenance, and/or minor alteration as needed. The project would not result in expansion of use. Consequently, the Class 1 Categorical Exemption applies.

Lead Agency Contact Person: Blaine Wiegel , Roseville Department of Environmental Utilities (916-746-1833).

Signature: Date: 9/19/2024
Jessica Lynch, Environmental Coordinator
City of Roseville

REQUEST FOR PROPOSALS
RFP #08-142

GENERAL CONSTRUCTION SERVICES
DUE: Wednesday, July 31, 2024
3:00 PM
Deliver to:

City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
OR
Email: [email protected]

CITY OF ROSEVILLE

NOTICE FOR PROPOSALS
RFP #08-142
NOTICE IS HEREBY GIVEN that proposals for General Construction Services will be received by the City of Roseville. Proposals will be accepted ONLY at the office of the City Clerk, Civic Center, 311 Vernon Street, Roseville, CA 95678 or submitted via electronic mail to [email protected], until 3:00 p.m., Wednesday, July 31, 2024. Said proposals will be evaluated and results will be made public after completion of the negotiation process with the selected contractor. The City reserves the right to reject any or all proposals and to waive any informalities or irregularities in any proposal or in the proposal process. ___________________________________ _____________________________________ June 17, 2024 Blaine Wiegel,
Preventative Maintenance Coordinator

___________________________________________
IMPORTANT!!!
The City is not responsible for misdelivered proposals, and the p roposer is strictly liable for its chosen metho d of delivery. It is the p roposer’s sole responsibility to make sure that proposals arrive at the proper location. Any proposal which does not actually arrive in the City Clerk’s Office by the RFP due date and time will be rejected as non-responsive, even if properly addressed or delivered to another City Department.

Your proposal MUST be addressed and delivered as follows:

City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
The proposer is also directed to include the attached “Sealed Proposal” label on the outside of the package or envelope, so that it is visible when delivered to the City.

Or emailed to:
[email protected]
Note: Email submissions are limited to 25 megabytes.

City of Roseville RFP

PREVAILING WAGE NOTIFICATION
This is a prevailing wage project. Accordingly, all prevailing wage and fair employment laws and regulations shall be adhered to. For prevailing wage contracts over $25,000.00, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the Department of Industrial Relations and/or the following website address:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

RFP #08-142

ON-CALL GENERAL CONSTRUCTION SERVICES

TABLE OF CONTENTS
SECTION Page

1.0 INTRODUCTION 6

2.0 TENTATIVE PROJECT SCHEDULE 7

3.0 SCOPE OF SERVICES 7

4.0 ASSURANCE OF DESIGNATED PROJECT TEAM 8

5.0 PROPOSAL FORMAT REQUIREMENTS 9

6.0 SUBMITTAL INSTRUCTIONS 11

7.0 EVALUATION CRITERIA 12

8.0 SELECTION PROCESS 12

9.0 GENERAL TERMS AND CONDITIONS 13

10.0 ATTACHMENTS 20
SAMPLE CONTRACT 20
PROPOSER’S CERTIFICATION 33
LEVINE ACT DISCLOSURE STATEMENT FORM 34
CALIFORNIA AIR RESOURCES BOARD REGULATION COMPLIANCE 37 CONTRACTOR LICENSES 38
SUBCONTRACTOR LIST 39
NON-COLLUSION DECLARATION 41
COST PROPOSAL 42
SAMPLE BONDS 43
ASSEMBLY BILL 48

1.0 INTRODUCTION
The City of Roseville (hereinafter “City”), is soliciting proposals for General Construction Services.

This will be a competitive negotiation process. Qualified individuals, firms, contractors, consultants or entities (hereinafter “Contractor(s)”), that meet the requirements set forth in this Request for Proposals (hereinafter “RFP”), and are capable of providing the services requested are encouraged to participate.

1.1 BACKGROUND
The purpose of this Request for Proposal (RFP) is to establish a service agreement for General Construction Services. The City of Roseville (hereinafter referred to as “City”) is seeking proposals for General Construction Services which include carpentry, millwork, framing, drywall, doors and windows, frames, caulking, hardware, demolition, excavation, ceilings, masonry, fire repair, proper disposal and clean up, finishes, site work, moisture protection, mechanical, general conditions, and subcontracting as needed for tenant improvement and remodeling projects.

1.2 CITY OVERVIEW
The City of Roseville is an incorporated city with a population of more than 145,000 residents, located in Placer County off Interstate 80, approximately 16 miles northeast of Sacramento, California. The City of Roseville is a Charter city operating under the City Council/City Manager form of government.

1.3 PROPOSAL SUBMITTAL
RFP proposal submittals may be delivered to the Office of the City Clerk, Civic Center, 311 Vernon St., Roseville, CA 95678 via common carrier, hand delivered, or submitted via electronic mail to [email protected] by the specified proposal due date and time. Complete and attach the “Sealed Proposal” label to the outside of the proposal packaging if delivering or hand carrying a hard copy of the proposal, so it is visible to the City Clerk. If submitting a proposal via electronic mail, then include the RFP title and RFP number in the subject line of the email.

1.4 CALIFORNIA SECRETARY OF STATE REGISTRATION
The City requires all corporations, limited liability companies and limited partnerships to be registered to do business in the State of California. On a separate sheet of paper, please include a screenshot of your “ACTIVE” status with your proposal submittal, which can be obtained by accessing this link:
https://bizfileonline.sos.ca.gov/search/business. All proposers must be registered with the Secretary of State or have a valid exemption by the time of award.

1.5 INSTRUCTIONS
This RFP includes a description of the scope of services, proposal requirements, and instructions for submitting your proposal. Failure to follow these instructions may result in rejection of your proposal.

No oral representations or interpretations will be made to any proposer as to the meaning of this RFP.

Direct all inquiries regarding this RFP in writing to Blaine Wiegel by accessing the RFP from the City’s website at: https://www.roseville.ca.us/business/procurement_services/bids_rfps by no later than Tuesday, July 09, 2024 by 12:00pm PST.

Do not contact other individuals or City departments in this regard. Information provided by anyone other than the above contact may be invalid, and proposals which are submitted in accordance with such information may be declared non-responsive.

In the event that it becomes necessary to revise any part of this RFP, written addenda will be issued.

Any amendment to this RFP is valid only if it is in writing and issued by the City department issuing the RFP. No oral interpretations or answers shall bind the City unless confirmed by the City in writing.

All addenda for this RFP will be distributed through PublicPurchase.com to proposers who have registered with PublicPurchase.com and who have downloaded the RFP. Additionally, the Notice of Intent to Award will be posted on PublicPurchase.com. It is the proposer’s sole responsibility to monitor PublicPurchase.com for possible addenda to this RFP and for the Notice of Intent to Award. Failure of proposer to retrieve addenda or the Notice of Intent to Award from PublicPurchase.com shall not relieve him/her of the requirements contained therein or the timelines associated therewith. Additionally, failure of proposer to return a signed addendum, when required, may be cause for rejection of his/her proposal.

2.0 TENTATIVE PROJECT SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates for the Deadline for Final Questions, or Proposal Submission Deadline will be advertised in the form of an addendum to this RFP. The schedule for the evaluation process and other future dates may be adjusted without notice.

RFP Released by the City……………………………… 06/17/2024
Deadline for Final Questions…………………………... 07/09/2024
City Responses to Written Questions………………….. 07/16/2024 Proposal Submission Deadline…………………………. 07/31/2024
Contract Negotiations……………………………………Aug... 2024
Contract Approval by City Council……………………. Sept ...2024 Commencement of Services.…………………………….Sept…2024

3.0 SCOPE OF SERVICES
The City of Roseville is seeking proposals from qualified vendors to provide general construction services which include: carpentry, millwork, framing, drywall, doors and windows, frames, caulking, hardware, demolition, excavation, ceilings, masonry, fire repair, proper disposal and clean up, finishes, site work, moisture protection, mechanical, general conditions, and subcontracting labor, equipment, goods, and supplies necessary to provide service for multi-story and single-story buildings. Tenant improvement and remodeling projects may also require the following, when applicable: project management, site assessment, design, and ADA improvements/upgrades. The awarded Contractor shall also provide the following:
• Perform General Construction work as required and approved. Written approval to be obtained from an authorized representative of the Environmental Utilities Department. • Provide parts/labor, plus equipment to perform work.
• Provide all required safety devices and personal protective equipment to work in a safe manner and ensure that City staff and contract workers are safe.
• Obtain required Labor and Materials Payment Bond and Faithful Performance Bond. • All work to be quoted in advance and approved by the Environmental Utilities Department. No work will be performed without prior approval.
• No sub-contractors or subconsultants are to be used without Department consent. • Keep an up-to-date log onsite of all work performed to meet all legislation and regulations.

• Submit pay requests on a monthly basis with required documentation including but not limited to construction schedule update, certified payroll, and waivers and releases. • Submit record drawings and an operations and maintenance manuals at construction completion of each task order.

Guidelines and Requirements:

The following guidelines and requirements shall be adhered to in performing all work that the successful Contractor(s) shall implement in accordance with this RFP. • All work shall be performed in accordance with the City of Roseville Design and Construction Standards, and any other governing regulatory standards.
• All work shall be performed in accordance with any engineering plans and technical specifications provided by the City, or plans developed by the Contractor’s team that are approved by the City for construction.
• All activity shall be in conformance with the City of Roseville’s Municipal Code as applicable. • The duration of each specific work assignment shall be defined on a case by case basis and will be included in writing when a specific scope of work is outlined by EU staff when the selected Contractor(s) is notified to commence a task.
• By submitting a proposal, Contractor(s) agree to the following response times: shall mobilize and be on- site, ready to begin work within 30 business days of receiving a written (including e-mail notification) Notice to Proceed from the City’s Project Manager.
• Contractor shall be fully and solely responsible for all costs associated with repairing and or restoration of any existing facilities, which the contractor or their subcontractor’s damage, during the execution of the work. Any facilities damaged as a result of the contractors and/or subcontractors activities shall be restored to pre-construction conditions and the cost shall be borne by the Contractor. • Contractor shall be fully and solely responsible for all costs associated with re-doing work that is determined to be defective and/or does not meet City of Roseville’s construction standards and any other standards stated in the scope of work as determined by the City of Roseville’s Inspection staff in Engineer’s sole discretion. Such costs of re-inspection, including any costs incurred by the City for additional staff time or fees for third-party contractor inspectors, will be deducted from one or more progress payments hereunder.
• All clean-up of project areas, to pre-construction conditions shall be the responsibility of the Contractor. • Submittals for all materials and parts to be used by the Contractor(s), shall be delivered to the City for review and approval prior to the Contractor(s) installing the work. Approval by the City of any materials or parts shall be only to confirm that materials and parts meet the City’s specification requirements.

Approval by the City is not a guarantee that the Contractor shall not be liable for defective work or for work that does not conform to the City’s construction standards. The final work shall be inspected by City staff and a final approval, or rejection of the work, shall be made during the final inspection of the work by the City.
• Contractor shall be responsible for obtaining all required permits as applicable. • Contractor shall be responsible to off haul and dispose of all debris (at a legally approved location) generated by their work unless otherwise directed by the City. • Contractor shall not make adjustments to any City facility system settings or controls without prior authorization of City staff.
• All work shall be conducted, adhering to the guidelines of the City’s noise ordinance. • All materials used by the Contractor shall be free of hazardous substances. • For all work conducted as part of this scope, the Contractor(s) shall be required to provide safety systems and devices and comply with all requirements per the Occupational Safety and Health Administration

(OSHA), Cal/OSHA and the National Fire Protection Association as applicable to ensure that work is done in a safe manner to keep City staff, Contractor(s) and their staff, clients and the general public safe.

Additionally, the Contractor(s) shall be required to comply with all City of Roseville Safety Requirements.

3.1 FALSE ALARM CHARGES
When the City of Roseville Police Department responds to an alarm call which is determined to be false due to the negligence of the contractor, fees may be assessed per the City’s Alarm Ordinance. Fees increase per false alarm incident if it is determined the contractor did not follow the protocols established by the Project Coordinator at the onset of the construction project.

3.2 CARD KEY POLICY
The awarded Contractor will be required to adhere to the City’s card key policies regarding the issuance, control and return of all keys and access cards used to access City facilities and/or property.

The issuance will be the responsibility of the Project Manager. Upon project completion or termination, all keys or access cards must be returned to the Project Manager immediately. The Project Manager has the authority to determine if a lock needs to be re-keyed to maintain security and associated expenses may be charged to the contractor.

4.0 CONTRACTING METHODOLOGY
The City intends to award Construction Agreements to up to three (3) contractors.

4.1 COMPENSATION
Contractor will be compensated on a time and expense basis in accordance with the hourly rates determined through the initial contract negotiation process with an annual total not to exceed amount of $500,000, however no minimum amount of work is guaranteed.

4.1 INDIVIDUAL TASK ORDERS
Individual tasks will be awarded by the City on an as-needed basis. City may assign work to one or more contractors from the approved list generated through this RFP process. City reserves the right to unilaterally assign work to any contractor as it deems prudent or, if no services are required, no work.

City makes no specific guarantee of a minimum or maximum number of hours or amount of tasks or services, which shall be required of any single contractor. In addition, the inclusion of any contractor, if so utilized by the City, shall in no way be considered an exclusive agreement to provide service for the City.

4.2 MULTI-YEAR AGREEMENTS
The initial contract will be from date of award through a period of one (1) year. The City reserves the right to renew the contract for four (4) additional years, one year at a time at its sole discretion. The contractor receiving the contract award for the initial contract may retain that contract award throughout the life of the contract, including the optional renewal years.

There will be no guarantee of quantity of work in these contracts.

The initial contract will be awarded based on the prices determined through the initial contract negotiation process. Sixty days prior to the expiration date of the current contract, the City is willing to re-negotiate out-year pricing (increases and/or decreases) based on market fluctuations. The pricing for each renewal year will be evaluated based on what the City deems to be fair and reasonable pricing.

Any requests made by the vendor for a price increase must be fully documented utilizing an appropriate Consumer or Producer Price Index or other relevant market data to justify a price change. In its request for price increases Contractor shall cite sources, specific conditions, and document how those conditions affect the cost. The City of Roseville is also willing to re-negotiate pricing if it is affected by catastrophic circumstances (example: unforeseen national/world crisis or acts of God).

Price adjustments will not be automatic. They must be mutually agreed upon by both the City and the contractor. The City will review the proposed pricing and determine if it is allowable, fair, reasonable, and in the best interest of the City to extend the agreement. The City reserves the right to not issue a new fiscal year contract if fair and reasonable rates cannot be agreed upon.

5.0 ASSURANCE OF DESIGNATED PROJECT TEAM
Proposer shall assure that the designated project team, including sub-consultants or sub-contractors (if any), is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team, sub-consultant(s) or sub-contractor(s) shall not be made without the prior written approval of the City.

6.0 PROPOSAL FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section. Provide the information in the specified order. Failure to include all of the information specified may be cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of this RFP. Any additional information that a proposing Contractor wishes to include that is not specifically requested should be included in an appendix to the proposal.

Contractors are encouraged to keep the proposals brief and to the point, but sufficiently detailed to allow evaluation of the project approach. Unauthorized conditions, omissions, limitations or provisions attached to a proposal may render the proposal non-responsive and may cause its rejection.

Proposers are warned against making erasures or alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected.

If provided via regular mail, the proposal should be bound or contained in a loose leaf binder.

Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Use section dividers, tabbed in accordance with this section as specified below.

6.1 Cover Letter with the following information:
• Title of this RFP
• Name and Mailing Address of Firm (include physical location if mailing address is a PO Box)

• Contact Person, Telephone Number, Fax Number, and Email Address • A statement that the submitting Contractor will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).

6.2 Signature Requirements - The attached Proposer’s Certification (Attachment B) shall be executed by an official(s) legally authorized to bind the Contractor which states that the proposal is valid for ninety (90) days. Include the executed copy of the Proposer’s Certification under Tab G. Note: This is ninety (90) days following the closing date for the receipt of all proposals. • Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney-in-Fact. If signed by the Attorney-in-Fact, there shall be attached to the proposal a Power-of-Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm.
• Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. • Proposals which are submitted on behalf of a Limited Liability Company (“LLC”) shall be signed by the person or persons authorized to bind the LLC under the LLC’s articles of organization.
• Proposals which are submitted by an Individual Doing Business under a firm name (“dba”) shall be signed in the name of the individual doing business under the proper firm name and style.

6.3 TAB A: Firm’s Qualifications (maximum 2 pages) – Describe your firm and provide a statement of your firm's qualifications for performing the requested services. Identify the services which would be completed by your firm's staff and those that would be provided by sub-consultants or sub-contractors, if any. Identify any sub-consultants or sub-contractors you propose to utilize to supplement your firm’s staff. Include the firm’s organizational chart, including its constituent parts, and size variation of staffing levels in the past five (5) years.

6.4 TAB B: Experience and References (maximum 4 pages) – Provide a summary of your firm’s experience in providing these or similar services. Provide a minimum of three (3) references for projects or services similar in nature and scope that your firm’s team members have completed in the last five (5) years. Include brief descriptions of the projects, dates, client names and contact persons’ names, addresses and telephone numbers. Public sector references are preferred.

6.5 TAB C: Qualifications of Team (maximum 4 pages) – Provide a brief summary of the role, qualifications and experience of each team member and designated project manager/lead assigned to this project, including length of service with the firm and the qualifications/experience of any sub- consultant or sub-contractor staff on your project team. A project team organizational diagram and brief resume of each team member and the designated project manager/lead for each applicable category shall be included. The geographic location of the firm and key personnel shall also be identified. Any proposed sub-consultants or sub-contractors shall be listed. Include sub- consultant’s and sub-contractor’s assigned task(s) and experience. Full resumes may be included in the appendix.

6.6 TAB D: Cost Proposal – Provide a total cost for any necessary equipment. Provide a full cost list of all equipment available to the contractor, either purchased or on lease. Include a schedule of hourly rates for all proposed staff. Define any reimbursable expense and markups requested to be paid by the City. Fill out and submit Attachment F and provide sample invoice as described on Attachment F within this Tab of the proposal..

6.7 TAB E: Required Statements/Documents – Include statements of assurance regarding the following requirements in the proposal:
• Non-substitution for the designated members of the team without approval by City staff (Section 5.0)
• The absence of a conflict of interest (Section 10.4)
• Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract (Section 10.7). (Please note that actual certificates of insurance are not required as part of your submittal.)
• A statement that nothing contained in the submitted proposal will be proprietary. (Section

10.23)
Submit the following documents with proposal:
• Proof of registration with California Secretary of State. Note: All proposers must be registered with the Secretary of State or have a valid exemption by the time of award. • Executed copy of Proposer’s Certification (Attachment B) • Executed copy of Non-collusion Declaration (Attachment E) • Contractor Licenses (Attachment C)
• Subcontractor List (Attachment D)
• Cost Proposal (Attachment F)

6.8 TAB F: Exceptions – Describe any and all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Attachment A). The nature and scope of your proposed exceptions may negatively affect the evaluation of your submittal and the City’s determination of whether it is possible to successfully negotiate a contract with your firm.

6.9 TAB G: Competency of Proposers – The City wants to ensure that the successful Contractor has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory and timely manner. Please list and explain any pending bankruptcies, liens, stop payment notices, judgments, lawsuits, arbitrations, mediations, foreclosures, and any similar actions filed or resolved in the past seven (7) years. Please indicate whether a client has ever terminated a contract with your firm for breach, and if so, please explain.

7.0 SUBMITTAL INSTRUCTIONS

7.1 Your submittal package shall include the following:

If mailing, the below guidelines apply.
• One (1) original and four (3) printed copies of your proposal; and • One (1) electronic copy of your proposal in PDF format on a flash drive or other electronic media
OR

If submitting your proposal via electronic mail, then send one (1) copy of the proposal to [email protected]. The file size limit is 25 megabytes.

7.2 Proposals shall be submitted not later than the time and date indicated on the cover page of this RFP. If mailing the proposal, then it shall be submitted in a sealed envelope or container and clearly marked with the RFP title on the outside of the parcel. Complete and attach the “Sealed Proposal” label to the outside of the envelope or package containing your proposal.

7.3 Proposals shall be delivered to:

City of Roseville
Attn: City Clerk Department
311 Vernon Street
Roseville, CA 95678
Or electronically mailed to: [email protected]

7.4 The City shall not be responsible for proposals delivered to a person or location other than that specified herein.

7.5 Postmarks will not be accepted and proposals received after the deadline date and time will not be accepted or considered. No exceptions.

7.6 The City reserves the right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity.

7.7 All costs associated with proposal preparation shall be borne by the proposer.

7.8 Department of Industrial Relations Contractor Registration: No contractor or subcontractor may be listed on a proposal for or work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The Contractor shall provide proof of current registration with the Department of Industrial Relations for both itself and all listed subcontractors with their proposal. The Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

8.0 EVALUATION CRITERIA
The following evaluation criteria and rating schedule will be used to determine the most highly qualified firm(s).

Evaluation Criteria
Maximum
Points Possible
A. Experience and qualifications of firm and proposed
staff/sub-consultants/sub-contractors
(per Sections 6.3 - 6.5) 50
B. Proposed Cost
(per Section 6.6) 40
C. Overall Proposal (per Section 6.7) 10

Total Possible Points: 100

9.0 SELECTION PROCESS

9.1 Award of the RFP shall be made to the responsible proposer whose proposal is determined, through a formal evaluation panel process, to be the most advantageous to the City after the evaluation panel has taken into consideration the evaluation factors set forth in the RFP. A master score sheet shall be created based on the evaluation panel’s initial evaluation. Proposals shall be scored according to the criteria stated in the RFP.

9.2 Proposals submitted will be reviewed by a selection committee. Contractors that have submitted the best and most complete proposals may be invited to an interview. The number of Contractors invited to an interview may vary depending upon the number of proposals submitted.

9.3 Should the City elect to conduct interviews with any proposers, the following criteria shall be considered and each proposer ranked by the evaluation panel during the interview process: a) Quality of presentation, b) Ability to meet the City’s business goals, c) Communication style.

9.4 The City reserves the right to make a selection after review of the proposals without oral interviews; therefore, the proposal should be submitted initially on the most favorable terms that the Contractor might propose.

9.5 A contract will be negotiated with the Contractor considered best meeting the City’s need for this project. In the event a mutually satisfactory contract cannot be negotiated with the City’s first choice, negotiations may be terminated and commenced with the Contractor considered next best in meeting the City’s needs for this particular project.

9.6 The selected Contractor will be required to execute a City prepared contract. The contract may further refine the scope of services and will provide for the terms and conditions of employment.

9.7 The award of any contract is expressly contingent upon City Council approval and the availability of funds. City staff may not legally bind the City to a contract.

9.8 The City reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate minor deviations with the successful Contractor(s). In the case of differences between written words and figures in a proposal, the amount stated in written words shall govern. In the case of a difference in unit price versus the extended figure, the unit price shall govern.

9.9 The City reserves the right to seek clarification on any or all proposal submittals to ensure the RFP specifications are met. Proposals may be rejected from any proposer who does not comply with the City’s request for clarification.

9.10 Once a decision has been made to award the contract, then a formal notice of the intent to award to the recommended proposer(s) shall be made by the Department.

9.11 A City of Roseville business license as well as all applicable permits, licenses and certifications required by local, state or federal law are required before the award of contract.

10.0 GENERAL TERMS & CONDITIONS

10.1 Standard Contract. Upon completion of the evaluation and recommendation for award, the selected Contractor will be required to execute an agreement prepared by the City, a sample of which is included as Attachment A.

10.2 Independent Contractor. At all times the Contractor shall represent himself/herself to be an independent contractor offering such services to the general public and shall not represent himself/herself, or his/her employees, to be an employee of the City. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the City, its officers, agents, and employees, harmless from and against, any and all loss, cost (including attorneys’ fees), and damage of any kind related to such matters.

10.3 Non-Appropriation. The City may terminate any resulting contract at the end of any fiscal year, June 30th, without further liability other than payment of debt incurred during such fiscal year, should funds not be appropriated by its governing body to continue services for which the contract was intended.

10.4 Conflict of Interest. The Contractor shall warrant that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. Contractors submitting a proposal in response to this RFP must disclose any actual, apparent, direct, indirect, or potential conflicts of interest that may exist with respect to the Contractor or the Contractor’s management or employees relative to the services to be provided to the City. Conflict of interest issues may require consultation with legal counsel. If a Contractor has no conflicts of interest, a statement to that effect must be included in the proposal. Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.

10.5 Undue Influence. The Contractor shall warrant via an executed Proposer’s Certification (Attachment B) that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award or terms of the contract that will be executed as a result of this RFP, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Contractor, or from any officer, employee or agent of the Contractor, in connection with the award of the contract or any work to be conducted as a result of this RFP. Violation of this section shall be a material breach of the contract entitling the City to any and all remedies by law or in equity.

10.6 Non-Collusion. Contractors submitting proposals shall warrant via an executed Proposer’s Certification (Attachment G) that their offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. This condition shall not apply to proposals which are submitted by firms who have partnered with others to submit a cooperative proposal that clearly identifies a primary contractor and the associated sub-consultants or sub-contractors. Proposers shall also submit a

properly completed and executed “Non-collusion Declaration” which is attached as Attachment G.

10.7 Indemnification & Insurance Requirements. The City’s standard indemnification and insurance requirements are provided in the sample contract, included in Attachment A. All costs of complying with the insurance requirements shall be as included in your pricing. The selected Contractor shall provide complete and valid insurance certificates within ten (10) days of the City’s written request. Failure to provide the documents within the time stated may result in rejection of the Contractor’s proposal. If a proposer takes exception to the indemnification and insurance requirements, then the nature and scope of the proposed exceptions may negatively affect the evaluation of that proposer’s submittal and the City’s determination of whether it is possible to successfully negotiate a contract with that firm. Submitting exceptions are at the proposer’s own risk.

10.8 Cost of Preparing Proposal. The City will not pay any costs incurred by any Contractor in preparing or submitting a proposal in response to this RFP.

10.9 Proposals Property of the City. All documents or materials submitted with or in conjunction with any proposal, including but not limited to electronic files, shall become the property of the City after the proposal submission deadline. No submission documents will be returned. During negotiations, the scope of services may be amended by the City and negotiated based upon ideas provided by other proposers or any other source.

10.10 Proposals are Public Records. All proposals submitted are subject to the public disclosure requirements under the laws of the State of California, unless the City identifies and exercises a right or obligation to exempt any record from public disclosure. However, proposals will not be disclosed until negotiations are complete and a recommendation for selection and award is made.

10.11 Protests.
(a) Protest Requirements
(1) Any proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest with the City Clerk’s office. The protest must be received in writing by the City Clerk’s office within seven (7) calendar days after such aggrieved proposer 1) knows or should have known of the facts giving rise thereto or 2) the date of the notice of intent to award, whichever is sooner. In no event shall a protest be allowed after an award has been made by City Council. If the seventh calendar day falls on a weekend or City holiday, the protesting party may submit the protest prior to close of business on the first business day following such weekend or holiday. Failure to submit a timely protest shall bar consideration of a protest. (b) Grounds for Protest
(1) The alleged grounds for protest shall be limited to the following: (a) computation errors, (b) violations of local, state, or federal law, or (c) the City failed to follow the procedures specified in this Policy.
(2) The protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.

(c) Administrative Review
Upon receipt of the protest and after determining the protest was properly filed, the Department Director shall provide a copy of the protest to other proposers who might become aggrieved as a result of the protest and issue a written decision within fourteen (14) calendar days after receipt of the protest. The protest will be evaluated by the Department Director, the City Attorney’s Office, and the Purchasing Manager. The protesting proposer shall promptly provide any information requested by City staff as part of such investigation. The decision shall either deny or uphold the protest and include reasons for the decision. The written decision shall be final. (d) Stay of Action During a Protest
In the event a protest is filed under Section 10.11, the City shall not proceed further with the award of the contract until the protest is resolved, unless:
(1) The City Manager or designee makes a determination that the award of the contract without delay is necessary to protect a substantial interest of the City, or (2) The City decides to reject all proposals and issue a new RFP.

10.12 Rejection of RFP. The City reserves the right to reject any or all proposals, to waive defects or irregularities in any proposal or in the RFP process, and to offer to negotiate or contract with any Contractor in response to any RFP. This RFP does not constitute any form of offer to contract.

10.13 Multiple Award. The City reserves the right to award the contract to multiple contractors when applicable.

10.14 Increasing/Decreasing Portions of RFP. The City reserves the right to increase or decrease the amount of any portions of the work represented in the RFP and/or to omit portions of said work, as may be deemed necessary by the City.

10.15 Rejection as Non-Responsive. Proposals may be rejected as non-responsive at the City’s sole discretion if there are alterations of form, the proposal is conditional or the proposal is incomplete.

10.16 Modifying RFP. The City reserves the right to modify any portion of, or to postpone or cancel this RFP at any time, and/or reject any and all submissions without indicating any reason.

10.17 If no proposal is accepted, the City may elect to have the services performed in some other manner.

10.18 Rejecting Team Members, Firms or Sub-contractors. The City reserves the right to reject individual team members, firms, sub-consultants or sub-contractors and request substitution prior to contract award.

10.19 Local Business, Small Business, Minority and Women Owned Business. Although no preferences will be given, the City highly encourages submission of proposals by local businesses, by small business owners, and by minority and women-owned businesses.

10.20 Withdrawal of Proposals. Proposals may be withdrawn prior to the date and time specified for proposal submission with a formal written notice by an authorized representative of the proposer delivered to the City Clerk’s Office. Proposals submitted will become property of the City after the proposal submission deadline.

Proposals may not be withdrawn for ninety (90) days after the due date unless the City enters into a contract with another Contractor prior to the expiration of that ninety (90) day period.

10.21 Prohibited Transmittals. No telephone or facsimile proposals will be accepted. If a photocopy is submitted, the proposal must be signed in ink.

10.22 Proposal Postponement and Amendment. The City reserves the right to revise or amend the RFP or specifications up to the time set for opening of the proposals. Such revisions and amendments, if any, shall be announced by amendments to this RFP through the City’s web site.

Copies of such amendments shall be furnished to all prospective proposers. Prospective proposers are defined as those proposers who have registered and are on the City’s RFP list for this material/service. If revisions and amendments require changes in quantities, prices or scope of services, the date set for opening of the proposals may be postponed by such number of days as in the opinion of the City shall enable proposers to revise their proposals. Proposals which fail to acknowledge a substantive addendum to the RFP, as determined by the City Attorney’s Office, on the City supplied addendum form will be rejected as non-responsive. Any revisions or amendments to the RFP will become incorporated into any contract awarded pursuant to the RFP.

10.23 Proprietary Information. Proposers submitting a proposal in response to this RFP must provide a statement that nothing contained in the submitted proposal will be proprietary.

However, if a proposer desires to claim a privilege against public disclosure for a trade secret or other proprietary information, such information must be submitted with the proposal in a separate envelope marked “confidential.” The City Attorney’s Office will determine if the information is in fact proprietary, based on state and federal law. Note that under California law, a price proposal to a public agency is not a trade secret. The Contractor shall defend, indemnify and hold harmless the City regarding any claim by any third party for the public disclosure of the “confidential” portion of the proposal.

10.24 Right to Request Additional Information. During the evaluation process, the City reserves the right, where it may serve the best interests of the City, to request additional information and clarifications from proposers. Such information will be requested in writing to the specific proposer. This information will become a part of the original proposal submitted by the specific proposer and will be used by the City in evaluating the proposal and will not be shared with other proposers during the evaluation and negotiation process.

10.25 Modification of Proposals. Modification of a proposal already received will be considered only if the modification is received prior to the deadline date for receiving proposals. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal.

10.26 Examination of Contract Documents. Each proposer shall thoroughly examine and be familiar with the terms of this RFP, the sample contract attached as Attachment A, legal and procedural documents, general conditions, specifications, and addenda (if any), which will constitute the contract documents. Submission of a proposal shall constitute acknowledgment, upon which the

City may rely, that the proposer has thoroughly examined and is familiar with the contract documents. Failure or neglect of a proposer to receive or examine any of the contract documents shall in no way relieve the proposer of any obligation with respect to their proposal or to the contract. No claim for additional compensation will be allowed which is based upon lack of knowledge of any contract document.

10.27 Non-Discrimination. The City maintains various policies related to contractual service providers. Among these is an anti-discrimination policy, which requires that the City’s contractors not discriminate in hiring on the basis of gender, race, religion, sexual orientation, medical condition, and all other categories protected by law. Upon acceptance of a proposal, the City may request that the selected Contractor sign a statement affirming its compliance with this policy.

10.28 No Assignment or Modifications. This awarded contract is to be binding on the successors and assigns of the parties hereto. The services called for herein are deemed unique and except as provided herein Contractor shall not assign, transfer, subcontract, or otherwise substitute its interest in the agreement or any of its obligations herein without the written consent of the City.

The Agreement may be modified only by a written amendment signed by the parties.

10.29 Bankruptcy. Upon filing for any bankruptcy or insolvency proceeding whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the Contractor must notify the City immediately. Upon learning the actions herein identified, the City reserves the right, at its sole discretion, to cancel the contract.

10.30 Bonds. The successful Contractor will be required to provide a 100% Faithful Performance Bond and a 100% Labor and Materials Bond using the City’s forms.

10.31 Debarment. Contractor certifies that Contractor, its employees, directors, officers, agents, subcontractors, vendors, consultants, 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.

Contract Purchase Agreement 3003457
Supplier Details:

Company Sample Company
Contact
Address 111 Sample Dr.

Roseville, CA 95678
Submit your response to:

Company City of Roseville
Contact
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1100
Fax (916) 746-1115
E-mail
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. 20 Fred Sample
Contract Purchase Agreement 3003457
Agreement 3003457
Agreement Date 15-FEB-2024
Revision 0
Agreement Amount 0.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Sample Company
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
111 Sample Dr.

Roseville, CA 95678
(
916)111-1111
(916
)111-2222
[email protected]
Description of
Labor,
equipment
and/or materials
This is a SAMPLE agreement for illustration purposes only.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 11028 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
01-Jul-2023 30-Jun-2024
Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 21 Contract Purchase Agreement 3003457
Contract Terms and Conditions

1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save and hold harmless the 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 or active 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 prevailing wages and fair employment practices must be adhered to. 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 22 Contract Purchase Agreement 3003457
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 Workers' Compensation) and for ongoing and completed operations. 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. 23 Contract Purchase Agreement 3003457

11. Contractor shall comply with all federal, state and local laws and ordinances, including 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 thereof.

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. 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. Contractor must submit all claims as defined in and in accordance with the claim 24 Contract Purchase Agreement 3003457
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
25 Contract Purchase Agreement 3003457
City Reserves the right to withold any payments to contractor in the event of noncompliance with insurance requirements or if required by law.

Construction T&C
REV 3/21/24 JS
26 Contract Purchase Agreement 3003457

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:_X__
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
27 Contract Purchase Agreement 3003457
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 28 Contract Purchase Agreement 3003457
Asbestos-Containing Materials in City-Owned Buildings
California Health and Safety Code Section 25915 requires that all City of Roseville employees, contractors and lessees be notified annually of the presence of asbestos in City-owned buildings constructed prior to 1979. Please post this notice in an area(s) accessible to all employees, contractors and lessees. Contact Facility Maintenance & Operations at (916) 774-5740 for more information about Asbestos Containing Materials (ACMs) in specific City-owned buildings. For more information about asbestos refer to the OSHA website.

The City of Roseville is committed to maintaining a safe and healthy work environment. The City' s Facility Maintenance & Operations staff conducts ongoing inspections to identify and safely manage previously installed asbestos-containing products. Renovation of City-owned buildings MUST be reviewed in advance by Facility Maintenance & Operations to ensure the City is in compliance with building codes, Americans with Disabilities Act and that no ACMs are disturbed without proper safeguards. Work that requires removal or repair of ACMs is restricted to trained and qualified persons only. Facility Maintenance & Operations will need to approve the qualified contrac
tors.

Use the following measures to protect you and others from exposure to airborne asbestos:
● Presume all building materials contain asbestos until determined otherwise by Facility Maintenance & Operations.
● Do not install walls, closets, cabinets, ceilings.
● Do not remove, cut, drill, sand, grind or otherwise disturb any material in the buildings, including carpet and tile.
● Do not paint (this includes any walls, ceilings, floors and electrostatic painting of office furniture).
● Do not remove any items nailed or screwed to the walls (this includes pictures, cabinets, electrical, etc.).
● Do not go above ceilings, behind walls or into building spaces such as attics and crawlspaces unless these areas have been inspected and cleared by Facility Maintenance & Operations.
● Do not pull cable or wiring through above-ceiling spaces with asbestos. ● Do not install screws, pins, nails or hangers into asbestos ceiling or wall plaster. ● Be careful not to damage walls, ceilings or floors when moving furniture or equipment.

It is recommended that Facility Maintenance & Operations be contacted prior to moving furniture or equipment.
● Do not brush, sweep or vacuum textured asbestos ceiling plaster or plaster debris. ● Immediately report any damage or deterioration of suspect building materials to Facility Maintenance & Operations or Risk Management.

It is important to note that the presence of asbestos does not mean you have been exposed.

Exposure results when friable asbestos particles are inhaled or ingested. Asbestos becomes friable when material containing asbestos is drilled, sanded or disturbed by remodeling or demolition work or when the ACM has deteriorated. Intact, bonded, sealed or undisturbed asbestos does not pose a hazard.

Employees may review the asbestos survey reports, results of bulk sampling or air monitoring conducted in City-owned buildings. All asbestos data will be available by appointment with Facility Maintenance & Operations.
29 Contract Purchase Agreement 3003457
Sign to acknowledge receipt of asbestos notification:

Asbestos
Rev 01/16/19
30 Contract Purchase Agreement 3003457

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
31 Contract Purchase Agreement 3003457
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:__________________________________________________ 32

Attachment B
PROPOSER’S CERTIFICATION
I hereby propose to furnish the goods or services specified in the Request for Proposals (“RFP”). I agree that my proposal will remain firm for a period of up to ninety (90) days in order to allow the City of Roseville (“City”) adequate time to evaluate the qualifications submitted.

I have carefully examined the Request for Proposals and any other documents accompanying or made a part of this RFP. The information contained in this proposal is true and correct to the best of my knowledge and is signed under penalty of perjury under the laws of the State of California. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its authorized agent and that the firm is ready, willing and able to perform if awarded the contract.

I further certify that this proposal is made without prior understanding, agreement, connection, discussion, or conspiracy with any other person, firm or corporation submitting a proposal for the same product or service; that this proposal is fair and made without outside control, collusion, fraud or illegal action; that no officer, employee or agent of the City or any other proposer is financially interested in said proposal; that no undue influence or pressure was used against or in concert with any officer, employee or agent of the City in connection with the award or terms of the contract that will be executed as a result of this RFP; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
_________________________________________________

NAME OF BUSINESS
_________________________________________________

SIGNATURE
_________________________________________________

NAME & TITLE, TYPED OR PRINTED
_________________________________________________

MAILING ADDRESS
_________________________________________________

TELEPHONE NUMBER
_________________________________________________
EMAIL
Type of Organization:
____ Sole Proprietorship ____ Corporation _____ State of Incorporation ____ Partnership ____ Limited Liability Company

Attachment C

LEVINE ACT DISCLOSURE STATEMENT
(The completed form submitted to the City of Roseville is a public record.) California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any “Officer” (elected or appointed officer, any alternate thereto, and any candidate for elective office) from participating in any consideration or action related to a proceeding if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the previous twelve (12) months, while a proceeding is pending, and for twelve (12) months followi ng the date of a final decision in a proceeding concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”). For additional information:
https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act .

City Officers are listed at the following sites:
• The Members of City Council - https://www.roseville.ca.us/government/city_council/meet_council • Boards & Commission Members - https://www.roseville.ca.us/government/boards_commissions Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.

1. Have you or your entity, or any agent on behalf of you or your entity, made any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months preceding the date of the submission of your license, permit, or contract, or the anticipated date of any City Council, Board, or Commission consideration or action related to this license, permit, or contract? YES _____ NO _____
If yes, please identify the City Officer(s):________________________________________________________________________________

2. Do you or your entity, or any agent on behalf of you or your entity, anticipate or plan to make any political contribution(s) totaling more than $250 to any City Officer in the twelve (12) months following any City Council, Board, or Commission consideration or action r elated to this license, permit, or contract?
YES _____ NO _____
If yes, please identify the City Officer(s):_______________________________________________________________________________ Answering yes to either of the two questions above does not preclude the City of Roseville from considering and/or taking action on a license, permit, or contract. It does, however, potentially preclude the identified City Officers from participating in consideration of and in taking any actions related to the license, permit, or contract. Please accurately complete and sign this form, under the penalty of perjury:
____________ ___________________________________________ _______________________________________ (Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity) ___________________________________
(Signature)
You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered. If this form has not previously been submitted in connection with a contracting, licensing, entitlement or permitting process, please provide the completed form to the Office of the City Clerk for appropriate departme ntal routing, at: City Clerk, 311 Vernon St., Roseville, CA 95678, [email protected]

LEVINE ACT DISCLOSURE STATEMENT
(The completed form submitted to the City of Roseville is a public record.) Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that does not solely involve purely ministerial decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise communicates with the governmental agency for the purpose of influencing the pending proceeding. See FPPC Reg 18438.3 for exceptions for certain consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the successful bidder refuses or fails to execute the contract, to the next lowest bidder with a responsive bid.

FPPC Reg 18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under an employment or retirement
policy for employees or retirees, including a project labor agreement entered under Public Contract Code Section 2500.

FPPC Reg 18438.2(a)(3)(B)
Personal Employment
Contract
A contract for employment, including the terms and conditions of employment, between the agency and an agency employee.

A contract with an independent contractor is NOT a personal employment contract.

FPPC Reg 18438.2(a)(3)(C)-
(D)
A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent.

A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.
(Gov. Code, § 84308, emphasis added.)

Attachment D

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 with your proposal 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? Answering “No” constitutes a statement of exemption as required in Tab G.

Yes ____ No ____
2) If you answered “Yes” to 1), you must submit with your proposal a document evidencing that you are listed on the CARB Advanced Clean Fleets webpage as a compliant fleet. ___________________________________________________________________________________________ Signature ______________________________ Title _____________________________

Attachment E

CONTRACTOR LICENSES
List the licenses held by your company and/or employees. The following representations are made under penalty of perjury:

CA State Lic No. Name on License Class/Type Expiration Date _________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
_________ _____________ _________ _________
Do you have a City of Roseville Business License? Yes____ No____ License #____________
*For Public Works Projects (SB854): Contractors must register with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. The Contractor shall provide proof of current registration with the Department of Industrial Relations for both itself and all listed subcontractors with their proposal. Contractors may register at: http://www.dir.ca.gov/public-works/publicworks.html DIR contractor registration number and expiration date:
*____________________________________________

Attachment F

SUBCONTRACTOR LIST
If subcontractors will not be used, proposer must write "NONE". For construction contracts, in accordance with the Public Contract Code, Part 1, Chapter 4, Subletting and Subcontracting, Contractors must list the name and business address of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or who will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the prime contractor’s total bid, or in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor’s total bid or ten thousand dollars ($10,000) whichever is greater.

Company Name _________________________________________________ Principal _________________________________________________ Address _________________________________________________ City _________________________________________________
Phone _________________________________________________ Job capacity _________________________________________________ Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________ Company Name _________________________________________________ Principal _________________________________________________ Address _________________________________________________ City _________________________________________________
Phone _________________________________________________ Job capacity _________________________________________________ Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________

Company Name _________________________________________________ Principal _________________________________________________ Address _________________________________________________ City _________________________________________________
Phone _________________________________________________ Job capacity _________________________________________________ Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________ Company Name _________________________________________________ Principal _________________________________________________ Address _________________________________________________ City _________________________________________________
Phone _________________________________________________ Job capacity _________________________________________________ Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________ Company Name _________________________________________________ Principal _________________________________________________ Address _________________________________________________ City _________________________________________________
Phone _________________________________________________ Job capacity _________________________________________________ Percentage of total work _________________________________________________ Licenses and numbers _________________________________________________ DIR Contractor Registration Number & Expiration Date __________________________

Attachment G

NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _________________ of ______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _____________________ [city], ________________ [state].
____________________________________
(Signature of Declarant)

Attachment H

COST PROPOSAL
Standard hourly rate (straight time) $ __________
Overtime hourly rate (overtime) $ __________
Emergency response hourly rate $ __________
Mileage/Travel/Fuel charge (if applicable): $ __________ Minimum charge (if applicable) $ __________
Time and material rate per hour (for general construction) $ __________ Subcontractor Mark-up (if applicable) % _________
Response time (standard) ______hrs
Response time (emergency) ______hrs
Number of qualified local contractors: _________
Materials or rentals provided by the Contractor shall be billed on a “cost plus” basis. Indicate your percentage markup of the actual cost of materials. Note: Percentage markup shall include any travel time needed for pickup and delivery of materials.

Materials Mark-up: % _________
Are the above hourly rates calculated from the time your staff leave your premises or upon arrival at the job site? Please explain.
____________________________________________________________________________________

PROVIDE DETAILED SAMPLE INVOICE
To better evaluate your firm’s proposal and capabilities, please furnish a sample invoice per the following example:

Provide a sample invoice for a hypothetical $5,500.00 project, which includes a breakdown of labor hours and labor rate, material cost plus mark-up and any mileage/travel/fuel charges. [E:\bonds\pw faithful performance.docx; 8/14/2017]

PUBLIC WORKS

FAITHFUL PERFORMANCE BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”) has awarded a bid and contract to ___________________________________________________________________ as contractor (“PRINCIPAL”) for the public work described as __________________ _________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing its faithful performance; and
NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.

The condition of this obligation is such that if the PRINCIPAL, or its heirs, executors, administrators, successors or assigns, shall abide by, and in all respects promptly and faithfully perform the covenants, conditions and provisions in said AGREEMENT and any alteration thereof made as therein provided, notice of which alterations to Surety being hereby waived, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents, employees, volunteers as therein stipulated, then this obligation shall be null and void; otherwise, this obligation shall be and remain in full force and effect.

As condition precedent to the satisfactory completion of the contract, the obligation of the PRINCIPAL and SURETY under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the WORK. During that time, if the PRINCIPAL, its heirs, executors, administrators, successors or assigns fails to make full, complete and satisfactory repair and replacement or totally protect the CITY from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the WORK, then the obligation shall remain in full force and effect. However, anything in Bond No. __________
Premium $_________
[E:\bonds\pw faithful performance.docx; 8/14/2017]
this paragraph to the contrary notwithstanding, the obligation of the SURETY shall continue so long as any obligation of the PRINCIPAL remains.

No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

Whenever PRINCIPAL shall be and declared by CITY to be in default under the AGREEMENT, SURETY shall promptly remedy the default, or shall promptly do one of the follow at CITY’s election:

1. Undertake through its agents or independent contractors, reasonably acceptable to CITY, to complete the AGREEMENT in accordance with its terms and conditions and to pay and perform all obligations of PRINCIPAL under the AGREEMENT, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.

2. Reimburse CITY for all costs CITY incurs in completing the AGREEMENT, and in correcting, repairing or replacing defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the AGREEMENT.

SURETY’s obligations hereunder are independent of the obligations of any other surety for the performance of the AGREEMENT, and suit may be brought against SURETY and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing CITY’s rights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY or its successors or assigns.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. [SIGNATURES NEXT PAGE]
[E:\bonds\pw faithful performance.docx; 8/14/2017]
IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the ____ day of __________________, 20___.

PRINCIPAL: SURETY:

BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:

BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:

BY: ________
City Attorney
[E:\bonds\pw labormat payment.docx; 8/14/2017]

PUBLIC WORKS

LABOR AND MATERIALS PAYMENT BOND
(Project: ______________________________________________) WHEREAS, the City of Roseville (“CITY”), has awarded a bid and contract to ______________________________________________________________________ as contractor (“PRINCIPAL”), for the public work described as ____________________ ________________________________________________ (the “WORK”). The contract (“AGREEMENT”), for the public work described above, and all of its terms and conditions are incorporated by reference and made a part hereof; and WHEREAS, the PRINCIPAL is required to furnish a bond in connection with the AGREEMENT guaranteeing payment of persons who provide labor and material; and NOW, THEREFORE, we the undersigned PRINCIPAL and _________________ ____________________________, a _______________________________, admitted and duly authorized to transact business under the laws of the State of California, as SURETY (“SURETY”), are held and firmly bound unto the CITY or its successors and assigns in the sum of ____________________________________________________ dollars ($___________________) (which amount is not less than 100% of the AGREEMENT price) to be paid to the CITY or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns jointly and severally, firmly by these presents.

The condition of the obligation is such that if the PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns fails to pay any of the persons named in Section 8004 or 9100 of the Civil Code of the State of California, or the amounts due under the Unemployment Insurance Code of the State of California, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with
respect to work or labor performed by any such claimant, that the SURETY will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, shall pay reasonable attorneys’ fees, to be fixed by the Court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file a Stop Payment Notice pursuant to the provisions of Section 9350 et seq. of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Bond No. __________
Premium $_________
[E:\bonds\pw labormat payment.docx; 8/14/2017]
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the AGREEMENT or in the specifications agreed to between the PRINCIPAL and the CITY, or any forbearance on the part of the CITY shall operate to relieve the SURETY. The SURETY hereby waives the provisions of Section 2819 of the California Civil Code. The SURETY waives all rights of subrogation against the CITY or any person employed by the CITY. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and SURETY above-named, on the _____ day of __________________, 20__.

PRINCIPAL: SURETY:

BY:____________________________ BY:__________________________ PRINT NAME: ________________________ PRINT NAME: ______________________ PRINT TITLE: ________________________ PRINT TITLE:_______________________ AND MAILING ADDRESS:

BY: ___________________________ _____________________________ PRINT NAME: ________________________ ___________________________________ PRINT TITLE:_________________________ ___________________________________ (Notarization by Surety and copy of
Power of Attorney required.)
APPROVED AS TO FORM:

BY: ________
City Attorney

Attachment J
Assembly Bill No. 626
CHAPTER 810
An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.
[Approved by Governor September 29, 2016. Filed with
Secretary of State September 29, 2016.]

LEGISLATIVE COUNSEL'S DIGEST
AB 626, Chiu. Public contracts: claim resolution.

Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration.

Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less.

This bill would establish, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified.

This bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The bill would authorize the 45-day period to be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill would require that the claim be deemed rejected in its entirety if the public entity fails to issue the written statement.

This bill would authorize, if the claimant disputes the public entity ’s written response of if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7% per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor.

This bill would require the text of these provisions, or a summary, to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of these rights is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program.

This bill would, on January 1, 2020, repeal the provision establishing the claim resolution process.

This bill would specif y that these provisions constitute a matter of statewide concern.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates

determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The people of the Stat e of California do enact as follows:

SECTION 1. Section 9204 is added to the Public Contract Code, to read: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article

1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) "Subcontractor" means any type of contractor within the

meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the claimant a written statement identif ying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be p rocessed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified i n w r i t i n g. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board , in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works

Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its e ntirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.

Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

SEC. 2. The Legislature finds and declares that it is of statewide concern to require a charter city, charter county , or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

COUNCIL COMMUNICATION
CC #:
3580
File #:
0203-02
Title:

Fleet Sole Source Truck Purchases and Vehicle Parts and Services – Purchase
Order and Contract Purchase Agreement
Contact:

Lea Schroeder 916-774-5503 [email protected]

Meeting Date: 10/16/2024
Item #: 7.7.

RECOMMENDATION TO COUNCIL
Altec - Purchase Order
Staff recommends the City Council approve a sole source purchase order to Altec Industries, Inc. for one (1) Altec AN55-E88 articulating non-over center aerial device and two (2) Altec AT41P articulating telescopic aerial devices utilizing Sourcewell contract #110421-ALT pricing as a replacement for Fleet ID 12-352, 15-350 and 15-351 approved in the FY2024-25 Electric Fund budget. The total cost, including options and sales tax, is $1,339,269.

LEHR – Placer County Contract
Staff recommends that the City Council adopt a resolution to approve a contract purchase agreement #3004197 with
LEHR Upfitters OpCo LLC dba LEHR
to provide public safety vehicle
parts and services to up-fit vehicles utilizing Placer County’s contract #SCN107418 for one year October 1, 2024 to September 30, 2025, and authorize the City Manager to execute the agreement.

BACKGROUND
Altec - Purchase Order
Sourcewell is a public agency that offers competitively solicited purchasing contracts for products and equipment to all government, education, and non-profit agencies across the U.S. The City will use Sourcewell pricing to purchase one (1) Altec AN55-E88 and two (2) AT41P aerial devices.

Altec Industries, Inc. is the sole manufacturer and distributor of Altec products. The City currently owns and operates more than twenty Altec vehicles. Fleet services have standardized on this brand due to price, factory training, and equipment needs of municipalities.

The Electric Construction and Maintenance division is purchasing one (1) Altec AN55-E88 articulating non-over center aerial device to replace Fleet ID 12-352. A sole source is necessary because the custom body and cabinets, lower boom lifting eye, GatorHyde spray on liner for safety, platform liner, primary and auxiliary outriggers and pads are open market items not included in the Sourcewell contract. This truck plays a crucial role in ensuring the safe and efficient operation of the City’s electrical distribution and transmission systems. It is essential for day-to- day construction and maintenance tasks, enabling crews to respond promptly to emergency situations. Additionally, the truck is invaluable during mutual aid efforts. With its ability to reach extreme heights, it allows workers to safely operate above energized circuits, minimizing service disruptions and enhancing the reliability of the City’s power grid

The Public Works Traffic Signals division is purchasing two (2) Altec AT41P articulating telescopic aerial devices to replace Fleet ID 15-350 and 15-351. A sole source is necessary because the custom bodies and cabinets, additional platform step, outriggers, hitch, in cab console, public safety lighting when working in the field, and GatorHyde spray on liner for safety are open market items not included in the Sourcewell contract. The traffic signals maintenance technicians use this truck to perform daily routines, including system maintenance, construction inspection and management, traffic control setup, and equipment transfers. In addition, aerial lift operations include maintenance of the traffic signal displays, signs, vehicle detection systems, and safety lighting duties.

LEHR – Placer County Contract
The Public Works Fleet Services Division purchases vehicles that require up-fitting before being placed into service. Upfitting a vehicle is the process of installing additional features and accessories on a factory vehicle to assist in the City department’s day-to-day operations. The supplies needed for each vehicle can include items like light bars, strobe lights, sirens, push bumpers, gun locks, flashing lights, decals, partitions, center consoles, computer stands, cameras, wiring, and mounting brackets.

The Placer County contract #SCN107418 for public safety vehicle parts and services was competitively bid in 2024 with a one-year contract awarded to LEHR.

Vehicle replacements are based on the Fleet Scoring System, which considers factors such as age, mileage, reliability, prior maintenance and repair costs, and current condition. Below are the vehicle replacement scores. A score of 23 or more indicates that the vehicle is eligible for replacement.

Vehicle ID
Replacement Score
Vehicle Condition
12-352
25 Meets City replacement criteria
15-350
25 Meets City replacement criteria
15-351
26 Meets City replacement criteria

FISCAL IMPACT
The total cost for one (1) Altec AN55-E88 and two (2) Altec AT41P aerial devices, including options and sales tax, is $1,339,269. Funding is included in the FY2024-25 Electric Fund budget.

The total cost for public safety parts and services included in the contract renewal for this year will not exceed $1,800,000. Funding is included in the Fleet Replacement Fund budget for FY2024- 25 and
will be recommended in FY2025-26 pending approval of future budgets, for the contract
period
October 1, 2024 to September 30, 2025
.

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 trucks, parts and services 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.

Respectfully Submitted,
Lea Schroeder, Management Analyst
Jason Shykowski, Public Works Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-349
Contract Purchase Agreement
RESOLUTION NO. 24-349

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY

OF ROSEVILLE AND LEHR UPLIFTERS OPCO LLC DBA LEHR AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, contract purchase agreement (3004197) to provide emergency response vehicle equipment and installation services on an as-needed basis, by and between the City of Roseville and LEHR Uplifters OpCo LLC dba LEHR, has been reviewed by the City 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.

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 3004197
Supplier Details:

Company LEHR Upfitters OpCo LLC dba LEHR
Contact Steve Adair
Address 631 North Market Blvd
Sacramento, CA 95834
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 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707 Contract Purchase Agreement 3004197
Agreement 3004197
Agreement Date 20-SEP-2024
Revision 0
Agreement Amount 1,800,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier LEHR Upfitters OpCo LLC dba LEHR
631 North Market Blvd
Sacramento, CA 95834
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
(916) 242-7461
()
[email protected]
Description of
Labor,
equipment
and/or materials

VENDOR SHALL PROVIDE EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES ON AN AS­NEEDED BASIS FOR THE CITY OF

ROSEVILLE'S FLEET SERVICES DIVISION UTILIZING PLACER COUNTY CONTRACT #SCN107418. ALL WORK MUST BE QUOTED AND APPROVED IN ADVANCE BY AN AUTHORIZED MEMBER OF THE FLEET SERVICES DIVISION.

PLEASE CONTACT PETER BREVIK AT 916-746-1754 OR BY EMAIL AT [email protected] FOR QUESTIONS REGARDING THIS AGREEMENT. **Total cost listed 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 10020 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
17-Oct-2024 30-Sep-2025 Tiffany Valdez Phone 1-916-746-1109 Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office. 2 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707

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 3 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707

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 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. 4 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707

11. Contractor shall comply with all federal, state, and local laws and ordinances, including 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.
5 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707

21. If the project referenced on this agreement is a Public Works project, then the following 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
6 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707 None
None
None

X

___________ Sole Proprietor
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: D54FF9B2-F2C9-448C-9748-627AC1381707

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
Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
8 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707

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: D54FF9B2-F2C9-448C-9748-627AC1381707

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:__________________________________________________ 10 Docusign Envelope ID: D54FF9B2-F2C9-448C-9748-627AC1381707 Jim Stommel
President
9/24/2024

COUNCIL COMMUNICATION
CC #:
3574
File #:
0203-21
Title:
316 Vernon Data Center Heating, Ventilation, and Air Conditioning Replacement Project (RFQ 10-3388) - Reject All Bids
Contact:

Tiffany Valdez 916-746-1109 [email protected]

Meeting Date: 10/16/2024
Item #: 7.8.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to reject all bids received for Request for Quotes (RFQ) 10-3388 for the materials and labor to replace the existing Data Center Heating, Ventilation, and Air Conditioning (HVAC) located at 316 Vernon Street.

BACKGROUND
RFQ 10-3388 was issued in August 2024 for the materials and labor to replace the existing Data Center HVAC located at 316 Vernon Street. During staff review, it was determined that the bid specifications for HVAC equipment would not meet new California Senate Bill (SB) 1206 environmental legislative requirements.

California’s State legislature adopted SB 1206 in September 2022. SB 1206 prohibits a person from offering for sale or distribution, or otherwise entering into commerce in the state, bulk hydrofluorocarbons or bulk blends containing hydrofluorocarbons (HFCs) that exceed a specified global warming potential limit beginning January 1, 2025. HFCs are greenhouse gases with potent climate impacts used primarily in the cooling sector for refrigeration, air conditioning and heat pumps, as well as in foams and aerosols. As a result, staff plans to issue a new RFQ with updated specifications when the new equipment and refrigerant becomes available in January 2025.

FISCAL IMPACT
There is no fiscal impact at this time since there will be no award.

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 rejection of bids meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Tiffany Valdez, Buyer
Dennis Kauffman, Assistant City Manager/Chief Financial Officer

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-344
RESOLUTION NO. 24-344

REJECTING ALL BIDS FOR THE 316 VERNON DATA CENTER HEATING,

VENTILATION, AND AIR CONDITIONING REPLACEMENT PROJECT

WHEREAS, the City of Roseville requested bids for the 316 Vernon Data Center Heating, Ventilation, and Air Conditioning (HVAC) Replacement Project; and

WHEREAS, during staff review, it was determined that the bid specifications for HVAC equipment would not meet new California Senate Bill (SB) 1206 environmental legislative requirements; and

WHEREAS, staff plans to issue a new Request for Quotes with updated specifications when the new equipment and refrigerant becomes available in January 2025.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that all bids received for the 316 Vernon Data Center HVAC Replacement Project are hereby rejected per staff recommendation.

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

COUNCIL COMMUNICATION
CC #:
3590
File #:
0709
Title:

WB-32 The Riviera at Roseville West - Affordable Rental Housing Agreement Contact:

Suzanne Acrell 916-774-5469 [email protected]

Meeting Date: 10/16/2024
Item #: 7.9.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve an Affordable Rental Housing Agreement for an affordable housing project between the City of Roseville and Roseville
Senior Affordable 2 LP, for The Riviera at Roseville West affordable housing project in the Sierra Vista Specific Plan, and
authorize the City Manager to execute the agreement.

BACKGROUND
On April 21, 2021, City Council adopted a resolution to establish the Objective Design Standards (ODS) to streamline the construction of qualified affordable housing projects. The ODS were adopted in order to comply with state housing legislation. Qualified projects that comply with the ODS are subject to a non-discretionary ministerial permit process and can bypass the standard design review process as well as the public notification and hearing process and proceed directly to engineering and building permit review. A qualifying project is a housing development project where no less than 20% of the units are affordable to lower-income households.

On January 23, 2024, the City ministerially approved an affordable housing project located at 4201 Santucci Blvd. in the Sierra Vista Specific Plan, using the ODS process. The conditions of approval for Sierra Vista SP Parcel WB-32 require one hundred ninety-two (192) units, with one hundred ninety (190) affordable units for households qualifying as low-income households (80% of Area Median Income). The Riviera at Roseville West affordable housing project will include 190 units for low-income senior households and 2 manager units.

The purpose of this Affordable Rental Housing Agreement is to regulate and restrict the occupancy, rents, operation, and management of the project for the benefit of the occupants.

These affordable units will serve seniors that earn 80% of the area median income or less.

Some
of the future occupants may already be members of the local community and/or workforce.

The
recommended agreement before Council will continue to support the City's General Plan in meeting the City's affordable housing goals as well as the State of California Regional Housing Needs Assessment.

FISCAL IMPACT
No General Fund resources will be used for the implementation of the Affordable Rental Housing Agreement for The Riviera at Roseville West affordable rental housing project.

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 Riviera at Roseville West Affordable Renting Housing Agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community

Respectfully Submitted,
Suzanne Acrell, Housing Analyst
Melissa Anguiano, Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-354
WB-32 Affordable Rental Housing Agreement
RESOLUTION NO. 24-354

APPROVING AN AFFORDABLE RENTAL HOUSING AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND ROSEVILLE SENIOR AFFORDABLE 2 LP, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, an Affordable Rental Housing Agreement regarding the real property located at 4201 Santucci Boulevard in the Sierra Vista Specific Plan, Roseville, CA (The Riviera at Roseville West), by and between the City of Roseville and Roseville Senior Affordable 2 LP, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Affordable Rental Housing 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 Clerk is hereby directed to record the Affordable Rental Housing Agreement at the Placer County Recorder’s Office 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

Affordable Rental Housing Agreement Page 1

NO FEE DOCUMENT
PER GOVT. C. §27383

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City of Roseville
CITY Clerk
311 Vernon Street
Roseville, CA 95678

AFFORDABLE RENTAL HOUSING AGREEMENT
(Project: The Riviera at Roseville West)

This Affordable Rental Housing Agreement (“AGREEMENT”) is made this _____ day of __________, 2024 (“Effective Date”), by and between the City of Roseville, a municipal corporation (“CITY”), and Roseville Senior Affordable 2 LP, a California limited partnership (“OWNER/DEVELOPER”).

RECITALS

A. On August 18, 2021, CITY approved the updated Housing Element of the General Plan which applies ten percent (10%) affordability requirement to all new specific plan areas or properties for which zoning is amended to change residential density.

B. The OWNER/DEVELOPER is receiving the benefit of land entitlements either through the Specific Plan and Development Agreement process or by amendment of the zoning of the property to change residential density.

C. On January 23, 2024 CITY ministerially approved the qualified affordable housing project using the Objective Design Standards process (PL22-0395) (the “Project”).

D. The conditions of approval of the Project require OWNER/DEVELOPER to enter into an affordable housing rental agreement to the satisfaction of City Attorney of CITY, implementing the affordable housing obligations of OWNER/DEVELOPER.

E. OWNER/DEVELOPER and CITY enter into this AGREEMENT in order to implement OWNER/DEVELOPER’S affordable housing obligations.

F. OWNER/DEVELOPER has secured the possession of real property located at 4201 Santucci Blvd., Roseville, California, 95747, also referred to as Parcel WB32 of the Sierra Vista Specific Plan (as more particularly described in Exhibit A (the “Property”)). OWNER/DEVELOPER proposes to develop and construct a three hundred fifty-three (192) unit multi-family rental housing apartment project (the “Project”)

Affordable Rental Housing Agreement Page 2

on the Property, with occupancy restricted to SENIOR CITIZENS (other than units reserved for managers of the Property), that shall be rented at rents that are affordable to Low income households (the “Regulated Units”). The Project is intended to serve as a community resource by providing decent, safe, and sanitary housing for households which would otherwise be unable to afford such housing. Development of the property is governed by the Sierra Vista Specific Plan.

G. On October 2, 2024, by Resolution Numbers 24-341 and 24-342 of the Roseville CITY Council, the CITY agreed to accept a promissory note from OWNER/DEVELOPER pursuant to CITY Municipal Code Section 4.04.040, which note is secured by a deed of trust on the Property in order for the developer to pay a portion of actual final building fees related to the construction of the Project.

H. The purpose of this AGREEMENT is to regulate and restrict the occupancy, rents, operation, ownership, and management of the Project for the benefit of Project occupants and the people of the City of Roseville. The covenants in this AGREEMENT are intended to run with the land and be binding on OWNER/DEVELOPER and OWNER/DEVELOPER’s successors in interest for the full term of this AGREEMENT.

NOW, THEREFORE, OWNER/DEVELOPER and the CITY hereby agree as follows:

DEFINITIONS

The following terms have the meanings set forth in herein wherever used in this AGREEMENT or attached exhibits.

1. “CITY” means the City of Roseville, a municipal corporation.

2. “AREA MEDIAN INCOME” (referred to herein as “AMI”) means the median income for Placer County, which includes the City of Roseville, with adjustments for household size, as published annually by the State of California Housing and Community Development (“HCD”). If HCD should cease making such determination, the City may designate another method of calculation of area median income used by any federal or state agency and applicable to the City of Roseville.

3. “OWNER/DEVELOPER” means and Roseville Senior Affordable 2 LP, a California limited partnership, together with its permitted successors and assigns.

4. “PROJECT” means the development, construction, and operation of a residential, multi-family rental apartment project on the Property, with occupancy restricted to SENIOR CITIZENS and managers, as provided herein), to be rented at

Affordable Rental Housing Agreement Page 3

rents that are affordable to low income households. As used herein, Low-income households means households with income not more than eighty percent (80%) of AMI.

5. “PROPERTY” means the real property located at 3380 Pleasant Grove Blvd., Roseville, California, 95747 identified and described in Exhibit A, attached hereto and incorporated into this AGREEMENT by this reference, and any buildings or improvements now or hereafter situated on such real property.

6. “PURCHASER” has the meaning given such term in Section 51 hereof.

7. “QUALIFYING HOUSEHOLD” means a household in which household income does not exceed the eighty percent (80%) of AMI for the applicable housing unit by the terms of this AGREEMENT.

8. “QUALIFYING RENT” means the maximum monthly rent allowed under Exhibit B, adjusted for family size (1.5 persons per bedroom), including a reasonable allowance for tenant-paid utilities (also known as Utility Allowance). For the purposes of this definition, rent shall include, in addition to amounts charged for occupancy of a dwelling unit, any amounts charged for water, sewer, refuse service, use of common areas, amenities (e.g., pool). For avoidance of doubt, the Qualifying Rent shall be not more than (but need be not less than) thirty percent (30%) of eighty percent (80%) of AMI as adjusted for family size.

9. “REGULATED UNITS” means not less than one hundred ninety (190) rental dwelling units of the one hundred ninety-two (192) rental dwelling units on the Property constructed for the Project, with occupancy restricted to SENIOR CITIZENS, that shall be rented at rents that are affordable to Low income households and having the following composition: one hundred forty-four (144) one (1) bedroom units and forty- six (46) two (2) bedroom units.

10. “SECURITY INSTRUMENT” means a mortgage, deed of trust, or other similar security instrument.

11. “SENIOR CITIZEN” means at least one member of the household has attained the age of fifty-five (55) years (if applicable).

12. “SENIOR LENDER” means the beneficiary, mortgagee, or similar party to a Security Instrument encumbering the Property, provided that such Security Instrument is not subordinate to any other Security Instrument encumbering the Property. For the avoidance of doubt, in no event shall CITY be deemed to be a Senior Lender.

Affordable Rental Housing Agreement Page 4

OWNER/DEVELOPER’S OBLIGATIONS

13. TERM OF AGREEMENT. This AGREEMENT shall commence upon the Effective Date and shall remain in full force and effect for thirty-five (35) years after the date OWNER/DEVELOPER obtains a Certificate of Occupancy from CITY for the Project or, in the event the Project has multiple buildings or structures, a Certificate of Occupancy for the last habitable building or structure for the Project. The obligations in this AGREEMENT shall remain effective and fully binding on OWNER/DEVELOPER for this full term regardless of any expiration of the term of any loan, any payment, or prepayment of any loan, any assignment of a note, any reconveyance of a deed of trust, or any sale, assignment, transfer, or conveyance of the Property (other than certain transfers by foreclosure, deed in lieu of foreclosure, exercise of the power of sale or other similar transfer), unless terminated earlier by the CITY in a recorded writing.

14. LEGAL INTEREST IN PROJECT. OWNER/DEVELOPER represents that it has legal interest in the Subject Property and that all other persons holding legal or equitable interests in the Subject Property have signed an “Acknowledgement and Consent Certificate”, in a form approved by the City Attorney of the CITY, acknowledging and consenting to the terms of this AGREEMENT. All persons holding any legal or equitable interest in the Subject Property shall be bound by this AGREEMENT.

PROJECT OCCUPANCY AND RENTS

15. OCCUPANCY OF PROJECT. OWNER/DEVELOPER shall limit, for the full term of this AGREEMENT identified in paragraph 10, above, the rental of Regulated Units to Qualifying Households according to the schedule contained in Exhibit B herein, which is hereby incorporated by reference into this AGREEMENT. The income levels and other qualifications of applicants shall be certified prior to initial occupancy in conformance with the Final Management Plan identified in paragraph 19.C, below, and the City of Roseville’s rules governing income certification, as these rules may be amended from time to time by California law or as required in order to comply with California law. Specifically, OWNER/DEVELOPER covenants and agrees that for the full term of this Agreement it shall reserve for occupancy: one hundred and forty-four (144) one-bedroom and forty-six (46) two-bedroom Regulated Units for households whose income does not exceed eighty percent (80%) of AMI, and two (2) units for use by on-site Project management staff. The developer intends for the Project to qualify for the Welfare Exemption. Following initial occupancy, the CITY will not provide any monitoring, but OWNER/DEVELOPER agrees that any Qualifying Household whose income level increases shall continue to be considered a Qualifying Household and may continue to occupy a Regulated Unit to the extent allowed in order for the Project to continue to qualify for the welfare exemption under Revenue and Taxation Code section 214 until their income exceeds one hundred twelve percent (112%) of AMI.

The Project shall be owned, managed and operated as a single, multi-family residential rental project, with occupancy restricted to SENIOR CITIZENS, which may

Affordable Rental Housing Agreement Page 5

be comprised of several buildings and structures, each consisting of more than one residential dwelling unit, together with facilities functionally related and subordinate thereto, in accordance with the applicable provisions of the Internal Revenue Code and applicable California law, as the same may be amended from time to time. All of the residential dwelling units in the Project will be similarly constructed and shall contain separate and complete facilities for living, sleeping, eating, cooking, and sanitation for a single person or family, including sleeping area, bathing and sanitation facilities, and cooking facilities equipped with a cooking range, refrigerator, and sink. None of the residential dwelling units shall be utilized, at any time, on a transient basis. Neither the Project, nor any portion thereof, shall ever be used as a hotel, dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitarium, rest home, or trailer park or court.

16. PROJECT RENTS. Rents for Regulated Units shall be limited to Qualifying Rents as defined above. The initial Qualifying Rents are set forth in Exhibit B as the same may be revised from time to time in accordance with this AGREEMENT and applicable federal or state laws and regulations. Nothing in this AGREEMENT shall prevent OWNER/DEVELOPER from charging lower rents.

17. RENTAL INCREASES FOR EXISTING TENANTS ON THE PROPERTY.

Irrespective of when income limits are published under Tax Credit Law, rents for Regulated Units may be adjusted no more frequently than: (a) twelve (12) months following the date of initial occupancy or (b) every twelve (12) months following the last permissible date of recorded rental adjustment. Rents for Regulated Units may be adjusted annually to coincide with the increases in the Annual Adjustment Factors (“AAFs”) as published by the United States Department of Housing and Urban Development (HUD) for the West Region.

In the event that HUD terminates publication of the AAFs, rents shall be adjusted annually to coincide with the State Department of Housing and Community Development (“HCD”) State Income Limits, using the limits established for Placer County, adjusted for household size, unit type and affordability, with rents being not more than thirty percent (30%) of eighty percent (80%) of AMI.

If OWNER/DEVELOPER does not agree with the adjustment factors provided herein, OWNER/DEVELOPER may, within fifteen (15) calendar days of notification by the CITY’s Economic Development Director or successor (“the EDD”) of that year’s adjustment, present to the EDD information on which it wishes to base its annual rent adjustment. The EDD will review this information and decide on which adjustment factor OWNER/DEVELOPER shall base its annual rent increase. The decision of the EDD shall be final.

18. CONDOMINIUM CONVERSION PROHIBITED. OWNER/DEVELOPER shall not convert Project units, including Regulated Units and/or any unregulated units, to condominium or cooperative ownership or sell condominium or cooperative conversion rights to the Project units.

Affordable Rental Housing Agreement Page 6

19. NONDISCRIMINATION.

A. OWNER/DEVELOPER herein covenants by and for itself, its subcontractors, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, nor denial of the benefits of this AGREEMENT to, any person or group of persons, on the basis of race, color, ancestry, national origin or ethnic group identification, religion or religious creed, sex, gender or self-identified gender, gender expression, sexual orientation, marital status, age, mental disability, physical disability or medical condition (including cancer, HIV and AIDS), genetic information, military or veteran status, familial status, source of income, or political affiliation or belief, nor any unlawful discrimination against any employee or applicant for employment because of race, color, ancestry, national origin or ethnic group identification, religion or religious creed, sex, gender or self-identified gender, gender expression, sexual orientation, marital status, age (over 40), mental disability, physical disability or medical condition (including cancer, HIV and AIDS), use of family care leave, genetic information, military or veteran status, familial status, source of income, or political affiliation or belief. OWNER/DEVELOPER shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination or harassment. In addition to the foregoing general obligations, OWNER/DEVELOPER shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900, et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, Section 10000, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time.

To the extent this AGREEMENT subcontracts to OWNER/DEVELOPER services or works required of the CITY by the State of California pursuant to agreement between the CITY and the State, the applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a) through (f), set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are expressly incorporated into this Regulatory Agreement by reference and made a part hereof as if set forth in full, and OWNER/DEVELOPER and any of its subcontractors shall give written notice of their obligations thereunder to labor organizations with which they have collective bargaining or other agreements.

B. The provisions of paragraph (A) shall further apply to the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Project, and OWNER/DEVELOPER and any person claiming under or through the OWNER/DEVELOPER, shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the Project.

C. OWNER/DEVELOPER shall include the provisions contained in this section in all contracts and subcontracts related to the Project.

Affordable Rental Housing Agreement Page 7

20. MANAGEMENT RESPONSIBILITIES. OWNER/DEVELOPER is
specifically responsible, subject to its obligations herein, for all management functions with respect to the Property, including, without limitation, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The CITY shall have no responsibility over management of the Property.

21. MANAGEMENT ENTITY. Any contracting of management services by OWNER/DEVELOPER shall not relieve OWNER/DEVELOPER of its primary responsibilities for proper performance of management duties.

22. DRAFT AND FINAL MANAGEMENT PLANS.

A. DRAFT MANAGEMENT PLAN. OWNER/DEVELOPER shall prepare and submit to CITY a Draft Management Plan for CITY’s review. The Draft Management Plan shall be submitted to CITY at least one hundred eighty (180) calendar days prior to the anticipated date for completion of construction of the Project.

The Draft Management Plan shall contain, but is not limited to, specific statement as to (1) the identity, experience and duties regarding operation of the Project of any non- profit, public benefit corporation who is a partner of OWNER/DEVELOPER; (2) marketing policies and strategies; (3) tenancy occupancy rules and regulations; (4) rental procedures and tenant income limitation; (5) eviction procedures; (6) operating policies and guidelines; (7) reserve account policies; (8) maintenance and capital improvement policies; and (9) shall provide as an exhibit thereto a sample form of lease agreement. Upon transfer of the Project of OWNER/DEVELOPER’S interest in the Project, the party to whom the Project is transferred shall, as a condition of such transfer, provide CITY with a copy of such party’s Management Plan for the Project, which plan shall provide statements as called for herein (for the avoidance of doubt, the preceding requirement does not apply to a transfer to a Purchaser).

B. CITY REVIEW OF DRAFT MANAGEMENT PLAN. Upon submittal of the Draft Management Plan by OWNER/DEVELOPER to CITY the CITY shall review the Draft Management Plan and provide written comments to OWNER/DEVELOPER within ninety (90) calendar days or as soon thereafter as is practicable.

C. FINAL MANAGEMENT PLAN. Prior to issuance of any Certificate of Occupancy for the Project, OWNER/DEVELOPER shall submit a Final Management Plan to the CITY for its review no later than thirty (30) calendar days prior to the anticipated date for completion of construction of the Project.

23. MANAGEMENT AGENT. The Project shall at all times be managed by an experienced Management Agent, with demonstrated ability to operate residential facilities like the Project in a manner that will provide decent, safe, and sanitary housing.

During the monitoring as described in Section 26, CITY will assess Management Agent’s ability to operate the Project in a decent, safe, and sanitary manner. One factor

Affordable Rental Housing Agreement Page 8

CITY will use to make its assessment will be a comparison of calls for police and fire services with other senior rental complexes in Roseville which offer similar services.

24. DISMISSAL OF MANAGEMENT AGENT. If CITY determines in its reasonable judgment that the Project is not being operated and managed in accordance with the terms of this Agreement, CITY shall deliver notice to OWNER/DEVELOPER of its desire to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days of receipt by OWNER/DEVELOPER of such written notice, CITY staff and OWNER/DEVELOPER shall meet in good faith to consider methods for improving the operating status of the Project, including, without limitation, replacement of the Management Agent, which will be in OWNER/DEVELOPER’s discretion.

25. MAINTENANCE AND SECURITY. OWNER/DEVELOPER shall at its own cost and expense maintain the Property in good condition, in good repair, and in decent, safe, sanitary, habitable, and tenantable living condition for the benefit of Project occupants. OWNER/DEVELOPER shall not commit or permit any waste on or to the Property and shall prevent and/or rectify any physical deterioration of the Property. OWNER/DEVELOPER shall provide adequate ongoing security equipment and services for Project occupants. OWNER/DEVELOPER shall maintain the Property in conformance with all applicable state, federal, and local laws, ordinances, codes, and regulations, and the Management Plan; but OWNER/DEVELOPER’s maintenance obligations shall not be limited only to the standards contained in these laws or the Management Plan.

In the event the OWNER/DEVELOPER fails to maintain the Property in accordance with the foregoing standards, and after at least ten (10) calendar days’ prior written notice to OWNER/DEVELOPER and the Senior Lender(s) (which notice shall be sent to such address for the Senior Lender(s) as is provided to CITY by OWNER/DEVELOPER or the applicable Senior Lender(s)), the CITY or its agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in CITY’s reasonable discretion (with the prior written consent of the Senior Lender(s)), and provide for payment thereof. Any amount advanced by CITY to make such repairs, together with the maximum legal interest rate thereon from the date of such shall become an additional obligation of OWNER/DEVELOPER to CITY shall be immediately due and payable to CITY.

26. UNIT VACANCIES. OWNER/DEVELOPER shall use commercially reasonable efforts to fill vacancies in Regulated Units as quickly as possible.

27. INSPECTION AND RECORDS. OWNER/DEVELOPER shall maintain records which clearly document OWNER/DEVELOPER’s performance of its obligations to operate the Property and the Project under the terms of this AGREEMENT.

OWNER/DEVELOPER shall submit any records to the CITY within ten (10) business days of CITY’s request. OWNER/DEVELOPER shall permit CITY to enter and inspect the Property and the Project for compliance with obligations under this AGREEMENT

Affordable Rental Housing Agreement Page 9

upon twenty-four (24) hours advance notice of such visit by CITY to OWNER/DEVELOPER or OWNER/DEVELOPER’s management agent and to tenants of any inspected Project units, subject to the provisions of the lease regarding inspection and entry rights, which provisions must otherwise be consistent with state law.

28. ANNUAL REPORT. OWNER/DEVELOPER shall submit an annual report to CITY as required by California Health and Safety Code Section 33418, which shall include at a minimum for each Regulated Unit the rental rate and the income and household size of the occupants. The income information required under this report shall be supplied by the tenant in a certified statement on a form provided by CITY.

CITY may request additional information be included in the annual report.

29. MONITORING/NON-COMPLIANCE/CURE. OWNER/DEVELOPER’S compliance with the provisions of this AGREEMENT shall be reviewed at least annually, and at such other times as CITY may require, upon thirty (30) days prior written notice from CITY. If, as a result of such review, CITY finds and determines in its reasonable discretion that OWNER/DEVELOPER has not complied in good faith with the terms and conditions of this AGREEMENT, CITY shall give written notice to OWNER/DEVELOPER of its findings and of the exact nature of OWNER/DEVELOPER’S non-compliance. OWNER/DEVELOPER shall be given a period of sixty (60) days after delivery of any such notice in which to cure, to the reasonable satisfaction of CITY, any non-compliance. In the event CITY fails to give OWNER/DEVELOPER notice of any non-compliance at or before the annual review, OWNER/DEVELOPER shall not be held responsible for any failure to comply with the terms and conditions of this AGREEMENT during the year covered by the annual review.

30. CITY REMEDIES FOR BREACH. If OWNER/DEVELOPER is unable or otherwise fails to cure any non-compliance within sixty (60) days after CITY delivers notice of non-compliance pursuant to Section 26, CITY may, in addition to any other remedy provided by law or equity, modify or terminate this AGREEMENT, seek liquidated damages in accordance with this AGREEMENT, or take any other action available to it under this AGREEMENT.

In particular, and without limitation by reason of enumeration, OWNER/DEVELOPER acknowledges and agrees that failure to cure any non- compliance under this AGREEMENT, whether by OWNER/DEVELOPER or any successor, shall, at the option of the CITY, constitute a breach and default under this AGREEMENT as to all other property within the Project.

In addition, and without limitation by reason of enumeration, OWNER/DEVELOPER acknowledges and agrees that CITY shall have the right to withhold issuance of all building permits within the Project until such breach is cured.

Affordable Rental Housing Agreement Page 10

In the event of any breach/default or violation of any agreement, obligation, or warranty under this AGREEMENT, CITY shall give written notice to OWNER/DEVELOPER, with copies to the Senior Lender(s) and _______________________, specifying: (a) the nature of the breach or violation, (b) the action required to cure the breach or violation, and (c) a date, which shall not be less than thirty (30) calendar days from the date of the notice, by which such action to cure must be taken. If OWNER/DEVELOPER fails to cure the breach or violation within the time frame specified in the notice CITY additionally has the right, at its sole election, to:

A. Bring an action for equitable relief seeking the specific performance by OWNER/DEVELOPER of the terms and conditions of this AGREEMENT, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief;

B. Intentionally deleted.

C. After notice provided for herein, make such repairs or replacements to the Property as are necessary and provide for payment thereof;

E. For violations of OWNER/DEVELOPER’s obligations with respect to Project rents, impose as liquidated damages a charge upon OWNER/DEVELOPER in an amount equal to the actual amount OWNER/DEVELOPER has collected from any Qualifying Household in excess of the Qualifying Rent;

F. Pursue any other remedy allowed at law or in equity.

CITY’s rights hereunder shall be in addition to, and not in lieu of, every other right or remedy provided for herein or now or hereafter existing at law or in equity by statute or otherwise, including, but not limited to injunctive relief, specific performance, and damages. The exercise or beginning of exercise by CITY of any one or more rights or remedies, provided herein or now or hereafter existing at law or in equity by statute or otherwise, shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this AGREEMENT or now or hereafter existing at law or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and nonexclusive.

The parties agree that the sums and formulas designated herein as liquidated damages represent a reasonable approximation of the damages CITY is likely to suffer from violations of the respective terms. OWNER/DEVELOPER agrees to pay in full any accrued liquidated damages to CITY within ten (10) calendar days of a written demand by CITY for such payment.

31. FEES, TAXES, AND OTHER LEVIES. OWNER/DEVELOPER shall be responsible for payment of all fees, assessments, taxes, charges, and levies imposed

Affordable Rental Housing Agreement Page 11

by any public authority or utility company with respect to the Property and the Project, and shall pay such charges prior to delinquency. However, OWNER/DEVELOPER shall not be required to pay any such charge so long as (a) the legality thereof is being contested in good faith and by appropriate proceedings, and (b) OWNER/DEVELOPER maintains reserves adequate to pay any contested liabilities.

32. INSURANCE COVERAGE. OWNER/DEVELOPER shall cause to have in full force and effect during the term of this AGREEMENT continuous insurance coverage as required by any lienholder.

33. PROPERTY DAMAGE OR DESTRUCTION. If any building or improvement erected by OWNER/DEVELOPER on the Property is damaged or destroyed, subject to the requirements of the Senior Lender(s) as set forth in the applicable Security Instrument(s) or other loan documents referenced therein, which shall govern in the event of any conflict with this Section 30, OWNER/DEVELOPER shall, at its own cost and expense, repair or restore the Property consistent with the original Plans and Specifications for the Project. Such work shall be commenced within one hundred twenty (120) calendar days after the damage or loss occurs and shall be completed within three hundred and sixty-five (365) calendar days thereafter or such longer period as may be reasonably required. Subject to the requirements of the Senior Lender(s) as set forth in the applicable Security Instrument(s) or other loan documents referenced therein, which shall govern in the event of any conflict with this Section 30, all insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration and, if insurance proceeds are insufficient for such purpose, OWNER/DEVELOPER shall make up the deficiency. For the avoidance of doubt, in the event of any conflict between this Section 30 and Section 22 hereof, this Section 30 shall govern.

GENERAL PROVISIONS

34. SUBORDINATION. Except as expressly set forth herein, this AGREEMENT shall be subordinated in priority to any third-party lender having a lien on the Property.

35. TRANSFER AND ENCUMBRANCE OF PROPERTY. During the term of this AGREEMENT, OWNER/DEVELOPER shall not make or permit any sale, agreement to sell, assignment, conveyance, lease (other than (i) the rental of Project units to eligible residential tenant occupants , (ii) the granting of any mortgage, deed of trust or similar security instrument, and (iii) the transfer to a Purchaser) or transfer of the Property or any part thereof, including the sale of any general or limited partnership interests in OWNER/DEVELOPER, the removal of any general partner, or any substantial change in operational or management control over the Property (collectively referred to as “Transfers”), without the prior written consent of CITY.

CITY shall give its consent to a Transfer provided that it determines all of the following conditions are met: (a) OWNER/DEVELOPER is in compliance with this

Affordable Rental Housing Agreement Page 12

AGREEMENT in all material respects or the Transfer will cure existing violations of this AGREEMENT; (b) the transferee agrees to assume all obligations of OWNER/DEVELOPER imposed by this AGREEMENT; (c) the transferee demonstrates to CITY’s satisfaction that it is capable of owning and/or operating the Property and the Project in full compliance with this AGREEMENT; (d) the terms of the Transfer shall not jeopardize the CITY’s security interest in the Property and is otherwise in full compliance with all legal standards, including eligibility requirements and other conditions imposed by funding sources for the Project; and (e) the Transfer has been approved by CITY’s governing body, if such approval is required.

36. NONLIABILITY OF OFFICIALS, EMPLOYEES, AND AGENTS. No member, official, director, employee, agent, or independent contractor of CITY shall be personally liable to OWNER/DEVELOPER or third party beneficiaries for any obligation created under the terms of this AGREEMENT.

37. INDEMNITY AND WAIVER. Notwithstanding the insurance coverage required herein, OWNER/DEVELOPER shall indemnify and hold CITY, its members, officials, directors, employees, agents, and independent contractors (collectively “Indemnitees”), harmless against any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attorney’s fees) which Indemnitees may incur as a result of (1) OWNER/DEVELOPER’s failure to perform any obligations as and when required by this AGREEMENT; (2) any failure of OWNER/DEVELOPER’s representations or warranties to be true and complete in any material respect; or (3) any act or omission by OWNER/DEVELOPER or any contractor, subcontractor, management agent, or supplier with respect to the Project or the Property, except to the extent that such losses are caused solely by the negligence or willful misconduct of Indemnitees. The duty of the OWNER/DEVELOPER to indemnify includes the duty to defend Indemnitees in any court action, administrative action, or other proceeding brought by any third party arising from the Project or the Property.

OWNER/DEVELOPER’s duty to indemnify Indemnitees shall survive the term of this AGREEMENT.

OWNER/DEVELOPER hereby waives any claims, suits, or actions against the CITY on account of or arising from the Costa-Hawkins Rental Housing Act, California Civil Code Sections 1954.50 et seq. (“CHRHA”).

38. GOVERNING LAW. This AGREEMENT shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law.

39. AGREEMENT CONTROLS. In the event of a conflict between any provisions of this AGREEMENT and any of its exhibits, the terms of this AGREEMENT shall control.

40. ATTORNEYS’ FEES AND COSTS. In the event that a legal or administrative action is brought to interpret or enforce the terms of this AGREEMENT,

Affordable Rental Housing Agreement Page 13

the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.

41. TIME. Time is of the essence in this AGREEMENT.

42. CONSENTS AND APPROVALS. Except as otherwise expressly provided in this AGREEMENT, any consent or approval required under the AGREEMENT shall not be unreasonably withheld or delayed.

43. NOTICES, DEMANDS, AND COMMUNICATIONS. Formal notices, demands, and communications between OWNER/DEVELOPER and CITY shall be given by first class or certified mail, return receipt requested, postage prepaid or delivered personally, to OWNER/DEVELOPER and CITY as follows, or at such other address as a party may designate by written notice to the other party:

CITY OF ROSEVILLE

CITY Manager
311 Vernon Street
Roseville, California 95678

OWNER/DEVELOPER

Roseville Senior Affordable 2 LP
445 Central Ave., Suite 200
Highland Park, IL 60035

44. BINDING UPON SUCCESSORS. All provisions of this AGREEMENT shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of OWNER/DEVELOPER and CITY, and shall run with the land for the full term of this AGREEMENT. Any successor in interest to OWNER/DEVELOPER and any purchaser or transferee of the Property shall be subject to all of the duties and obligations imposed on OWNER/DEVELOPER under this AGREEMENT for the full term of this AGREEMENT. The term “OWNER/DEVELOPER” as used in this AGREEMENT shall include all such assigns, successors-in-interest, and transferees.

45. RELATIONSHIP OF PARTIES. The relationship of
OWNER/DEVELOPER and CITY for this Project during the term of this AGREEMENT shall not be construed as a joint venture, equity venture, or partnership. CITY neither undertakes nor assumes any responsibility or duty to OWNER/DEVELOPER or to any third party with respect to the operation of the Property or the actions of OWNER/DEVELOPER. Except as CITY may specify in writing, OWNER/DEVELOPER shall have no authority to act as an agent of CITY or to bind CITY to any obligation.

46. WAIVER. Any waiver by CITY of any obligation in this AGREEMENT must be in writing. No waiver shall be implied from any delay or failure by CITY to take action on any breach or default of OWNER/DEVELOPER or to pursue any remedy allowed under this AGREEMENT or applicable law. Any extension of time granted to OWNER/DEVELOPER to perform any obligation under this AGREEMENT shall not operate as a waiver or release from any of its obligations under this AGREEMENT.

Affordable Rental Housing Agreement Page 14

Consent by CITY to any act or omission by OWNER/DEVELOPER shall not be construed as the consent to any other or subsequent act or omission or to waive the requirement for CITY’s written consent to future waivers.

47. OTHER AGREEMENTS. OWNER/DEVELOPER represents that it has not entered into any agreements that would restrict or compromise its ability to comply with the terms of this AGREEMENT. OWNER/DEVELOPER shall not enter into any agreements that are inconsistent with the terms of this AGREEMENT without an express written waiver by CITY.

48. AMENDMENTS AND MODIFICATIONS. Any amendments or
modifications to this AGREEMENT must be in writing and shall be effective only if executed by both OWNER/DEVELOPER and CITY, following receipt of all required approvals, and only with the consent of the Senior Lender(s).

49. SEVERABILITY. Every provision of this AGREEMENT is intended to be severable. If any provision of this AGREEMENT is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

SPECIAL PROVISIONS

50. REFINANCING REVIEW FEE. In the event that the Property and/or the Project is a tax credit project and is refinanced during the term of this Agreement, OWNER/DEVELOPER shall provide CITY a prepayment, upon request by OWNER/DEVELOPER, for CITY’s staff costs in reviewing any refinancing documentation submitted to CITY for CITY’s review; provided that City approval shall not be required for any refinancing unless the Project is a tax credit project. Such prepayment shall be submitted by OWNER/DEVELOPER prior to CITY commencing any review. The prepayment will be one thousand dollars ($1,000.00).

OWNER/DEVELOPER shall not be entitled to receive a refund of any such fee in the event that OWNER/DEVELOPER fails to complete such refinancing.

51. TENANT MONITORING FEE. Commencing one (1) year after the final Certificate of Occupancy for the Project and annually thereafter, OWNER/DEVELOPER shall pay to CITY, not later than March 31 of each year, a tenant monitoring fee equal to FORTY DOLLARS ($40) for each occupied, rent restricted, apartment unit within the Project, with such fee to be adjusted to reflect the Project’s actual occupancy rate. The fee for each unit shall be prorated over the portion of the year that the unit was occupied or leased. A penalty of one and one half percent (1.5%) per month shall be assessed against any fee not paid when due.

52. PARTICIPATION IN HOUSING CHOICE VOUCHER PROGRAM. During the term of this AGREEMENT, OWNER/DEVELOPER agrees to participate in the Housing Choice Voucher (“HCV”) program administered by the Roseville Housing Authority (the “Authority”).

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

The land described herein is situated in the State of California, County of Placer, City of Roseville, and is described as follows:

Lots 1, as shown and designated on the map entitled "Westbrook Phases 2 & 3", filed for record December 8, 2016 in Book DD of Maps at Page 79, Placer County Records, and amended by Certificate of Correction recorded March 21, 2017, as Instrument No. 2017-0020719, Official Records (the “Final Map”).

APN: 496-100-027-000

EXHIBIT B

OCCUPANCY AND RENT RESTRICTIONS

O
One Bedroom
T
Two Bedroom
M
Maximum Household
Income as
Percentage of AMI
N
Number
of Units
G
Gross
Rent
U
Utility
Allowance
M
Maximum
Contract
Rent
N
Number
of Units
G
Gross
Rent
U
Utility
Allowance
M
Maximum
Contract
Rent
8 80%
D
144
$
$1,769
$
$71
$
$1,698
7 46
$
$2,123
$
$88
$
$2,035
$
Non-Rent Restricted
O
On Site Management
U
2 u

N 0
0 T
TOTAL
5 146
7 46

EXHIBIT C

CHECKLIST FOR AFFORDABLE RENTAL UNITS

The following documentation must be present in the Tenant’s file (in a form approved by the Housing Manager) for an “affordable renter.”

____ Certification of Affordable Rental Unit Eligibility Form ____ Calculation of Tenant Eligibility Form
____ Record of Rental Increases
____ Written, third party verification of all income sources, including:
____ Employment
____ Self-employment (tax return and profit & loss statement for current year)
____ Unemployment
____ AFDC (Welfare) Benefits
____ Child Support
____ Alimony
____ Social Security Benefits
____ Supplemental Security Income (SSK)
____ VA or Military Benefits
____ Pensions and/or Annuities
____ Retirement Funds
____ Savings Accounts (Interest Income)
____ Checking Accounts
____ Government Grants
____ Trust Funds
____ Stocks & Bonds (Cash Value)
____ Life Insurance (Cash Value)
Name ____________________________________ Complex ____________________________ Title _____________________________________ Date _______________________________

CERTIFICATION OF RESIDENT ELIGIBILITY

Re: ____________________________________ Apt. # __________ Apartment Complex

I/we have read and answered truthfully, fully frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit:

1) Name of Members of
the Household
2) Relationship
to head of
Household 3) Age
4) Social
Security No.
5) Place of
Employment
___________________ ___________ _____ ___________ ___________ ___________________ ____________ _____ ___________ ____________ __________________ ____________ _____ ___________ ____________ ___________________ ____________ _____ ___________ ____________ ___________________ ____________ _____ ___________ ____________ ___________________ ____________ _____ ___________ ____________ ___________________ ____________ _____ ___________ ____________ ___________________ ____________ _____ ___________ ____________ ___________________ ____________ _____ ___________ ____________ ___________________ ____________ ______ ____________ _____________

CERTIFICATION OF RESIDENT ELIGIBILITY (cont.)

INCOME COMPUTATION

6) The total anticipated income calculated in accordance with this paragraph 6, of all persons (except children under the age of 18 years) listed above for the 12- month period beginning the date that I/we plan to move into a unit is $________________ .

Included in the total anticipated income listed above are:

a. All wages and salaries, overtime pay, commissions, fees and other compensation for personal services, before payroll deductions.

Excluded from such anticipated income are:

a. Casual, sporadic or irregular gifts;
b. Amounts which are specifically for or in reimbursement of medical expenses; c. Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlements for personal or property losses;
d. Amounts of educational scholarships paid directly to the student or the educational institution and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books, and equipment. Any amounts of such scholarships or payments to veterans not used for the above purposes are to be included in income;
e. Hazardous duty pay to a family member in the Armed Forces who is away from home and exposed to hostile fire;
f. Relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
g. Foster child care payments;
h. The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977.

7) This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary.

8) I/We will assist the Owner in obtaining any information or documents required to verify the statement made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year.
9) I/We acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the unit and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for eviction or other appropriate proceedings.

I/We declare under penalty of perjury that the foregoing is true and correct.

Executed this _____ day of ___________________ in the City of ____________________ California.

_____________________________________
Applicant

_____________________________________
Applicant

_____________________________________
Applicant

_____________________________________
Applicant

_____________________________________
Applicant
[All persons listed in number 2 above, except children under the age of 18 must sign this form]

CALCULATIONS OF TENANT ELIGIBILITY

FOR AFFORDABLE RENTAL FORM

(FORM COMPLETION BY APARTMENT OWNER OR AGENT)

NAME: ____________________________________ UNIT # ____________

SOURCE MONTHLY ANNUAL
Social Security $
______________
$
______________ Social Security $
______________
$
______________ Civil Service $
______________
$
______________ Pension _________________________ $
______________
$
______________ Interest _________________________ $
______________
$
______________ Wages __________________________ $
______________
$
______________ Tips __________________________ $
______________
$
______________ Wages __________________________ $
______________
$
______________ Tips __________________________ $
______________
$
______________ Child Support $
______________
$
______________ Welfare $
______________
$
______________ Stocks/Bonds $
______________
$
______________ Other ___________________________ $
______________
$
______________ Other ___________________________ $
______________
$
______________ TOTAL INCOME $
______________
$
______________ Monthly base rent $
______________ Move-in date
______________
BY
___________________________________

TITLE _____________________________
DATE _____________________________

AFFORDABLE TENANT

RECORD OF RENTAL INCREASES

(FORM COMPLETION BY APARTMENT OWNER OR AGENT)

NAME ______________________________ APT. NO. _________

MOVE-IN DATE _____________________ INITIAL BASE RENT $___________

ANNUAL INCOME $_________________

DATE OF

INCREASE

CURRENT
RENT

RENEWAL FUNDING

INFLATION

FACTOR NEW RENT
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________
_____________ $___________ X 1._______ = $___________

COUNCIL COMMUNICATION
CC #:
3576
File #:
0709-03
Title:

Community Development Block Grant Fair Housing Services – Professional Services Agreement
Contact:

Kristine Faelz 916-774-5451 [email protected]

Meeting Date: 10/16/2024
Item #: 7.10.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a professional services agreement with Project Sentinel, Inc. in an amount not to exceed $80,000 and authorize the City Manager to execute it on behalf of the City of Roseville.

BACKGROUND
As an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) to promote affordable housing and community development programs for low-income residents. Each year the City must produce an Annual Action Plan outlining how CDBG funds will be used to address the goals of the five year Consolidated Plan. At the May 1, 2024 Council meeting, Council approved the Annual Action Plan for the 2024/25 program year, which included a proposed project to allocate $16,000 for the provision of fair housing counseling and fair housing education to lower-income residents as well as the owners and managers of rental units in Roseville.

On May 3, 2024, the City’s Housing Division released a Request for Proposals (RFP), seeking qualified organizations to provide these services. The selected consultant would need to develop culturally appropriate outreach and educational opportunities for the varying needs of low- and moderate-income families and individuals. Additionally, the chosen organization would be responsible for providing landlords and property managers with education in fair housing law and practice to reduce the incidence of housing discrimination.

Two agencies responded to the Request for Proposals. The City received responses from Crouse Consulting, LLC, and Project Sentinel. In their response, Project Sentinel demonstrated extensive experience in similar fair housing contracts. Additionally, Project Sentinel has contracted with the City’s Housing Division since 2021 to provide these services to Roseville residents and has proven to be a knowledgeable, communicative asset to the Housing Division. Therefore, staff recommends Project Sentinel to provide fair housing services. The contract will be for a term of no more than five years and will not exceed $80,000.

FISCAL IMPACT
CDBG funding is provided as a federal grant to the City. These grants are used to offset potential costs to the General Fund and to serve the community. This item does not impact the City's 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. Approval of a professional services agreement meets the above criteria
and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community

Respectfully Submitted,
Kristine Faelz, Housing Analyst
Melissa Anguiano, Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-346
PSA Project Sentinel
RESOLUTION NO. 24-346

APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND PROJECT SENTINEL, INC., AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a professional services agreement for Fair Housing services, by and between the City of Roseville and Project Sentinel, 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 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.

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

[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024]

PROFESSIONAL SERVICES AGREEMENT
Fair Housing Services

THIS AGREEMENT is made and entered into this ___ day of ________________, 20__, by and between the City of Roseville, a municipal corporation (“CITY”), and Project Sentinel, Inc., a California non-profit corporation (“CONSULTANT”); and

W I T N E S S E T H:

WHEREAS, CITY issued Request for Proposal #04-29 for professional services consisting of Fair Housing Services; and
WHEREAS, CONSULTANT has prepared a response to the Request for Proposal dated June 10, 2024, which describes the scope of services to be performed by CONSULTANT, and the hourly rates for performance of such services; and
WHEREAS, CONSULTANT is qualified and experienced to provide such professional services.

NOW, THEREFORE, the parties agree as follows:

1. Term. The term of this Agreement shall commence on July 01, 2024 and expire on June 30, 2025. The City Manager may, in his or her discretion, elect to extend the Agreement in one (1) year increments for up to an additional four (4) years by giving CONSULTANT thirty (30) days advance written notice of each optional one (1) year renewal. Such extensions shall be memorialized by a written amendment to this Agreement.
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 2 2. Services. CONSULTANT shall perform, at the direction of CITY, the scope of services as described in EXHIBIT “A,” attached hereto and incorporated herein by this reference.

3. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the budget estimate as described in EXHIBIT “A.” Total compensation shall not exceed sixteen thousand dollars ($16,000) for the initial term. Total compensation for optional renewal years of this Agreement shall not exceed sixteen thousand dollars ($16,000). Total compensation for the initial term and all optional renewal years shall not exceed eighty thousand dollars ($80,000). Adjustment to the total compensation per year shall require a written amendment to this Agreement, subject to approval by the City Council.

CONSULTANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.

4. Indemnification. To the fullest extent allowed by law, CONSULTANT 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 CONSULTANT'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 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 3 negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.

CONSULTANT’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.

5. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.

COVERAGE LIMITS OF LIABILITY

Workers’ Compensation Statutory

Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate

Automobile Liability $1,000,000 combined single limit

Professional Liability (errors and $1,000,000 per claim omissions) $2,000,000 aggregate

[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 4 a. Form. CONSULTANT 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 and the City Attorney. b. Additional Insureds. CONSULTANT shall also provide a separate endorsement form 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 and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT’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. c. Cancellation/Modification. CONSULTANT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. 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 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 5 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. e. Subcontractors. CONSULTANT 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, CONSULTANT shall require its subcontractors to agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Additionally, CONSULTANT 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.
f. 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.
g. Waiver of Subrogation. CONSULTANT hereby agrees to waive subrogation which any insurer of CONSULTANT may acquire from CONSULTANT 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, [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 6 its officers, agents, employees and volunteers for all worked performed by CONSULTANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT 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.

6. Records. CONSULTANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULTANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall have right of access during normal business hours and after reasonable notice to CONSULTANT’s and subcontractors’ files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or expiration of this Agreement. CONSULTANT shall include this provision in its contracts with all subcontractors.

7. Time is of the Essence. Time is of the essence of this Agreement.

8. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 7 for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULTANT or the applicable subcontractor.

Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These 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.

Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULTANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement. [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 8 9. Compliance with Laws. CONSULTANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.

10. Ability to Perform. CONSULTANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.

11. Public Contracts: Conflicts of Interest. CONSULTANT’s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

CONSULTANT shall cooperate with CITY 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 CONSULTANT pursuant to this Agreement.

12. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.

13. The Levine Act Disclosure. 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 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 9 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 CONSULTANT and/or its agent(s), CONSULTANT 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.

14. Assignment. CONSULTANT is employed to perform unique personal services.

CONSULTANT shall not assign this Agreement without the prior written consent of CITY.

CONSULTANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.

15. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.

CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSULTANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 10 as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY’s on- call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.

16. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

17. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

18. Copyright, Ownership and Use of Materials. All tangible material (“Material”) created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULTANT in its performance under this Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 11 computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULTANT is, and shall remain, the property of CITY.

CONSULTANT shall execute any documents necessary to effectuate such assignment.

In the event that CONSULTANT uses, employs, designates, or retains any person or entity who is not an employee of CONSULTANT, to perform any work required of it pursuant to this Agreement, CONSULTANT shall require said person or entity to execute an agreement containing the preceding paragraph.

19. Termination of Agreement. The City may terminate this Agreement without cause by giving CONSULTANT ten (10) days advance written notice from the City Manager.

CONSULTANT may terminate this Agreement without cause by giving CITY thirty (30) days advance written notice. In the event of termination through no fault of CONSULTANT, CITY shall compensate CONSULTANT for services performed as of the date of termination, upon the release to CITY of all Material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any Material, notwithstanding any termination or any dispute regarding the amount to be paid.

20. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, 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 attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024] 12 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.

21. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.

22. Severability. 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.

23. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:

CITY OF ROSEVILLE CONSULTANT

Kristine Faelz Carole Conn
Housing Analyst Executive Director
316 Vernon Street, Suite 150 1490 El Camino Real
Roseville, CA 95678 Santa Clara, CA 95050

Either party may amend its address for notice by giving notice to the other party in writing.

24. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.

IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has executed this Agreement in duplicate by its City Manager and CONSULTANT has caused this Agreement to be duly executed.

(SIGNATURES ON NEXT PAGE)

[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\WPDOCS\D025\P005\00087939.DOCX;07/02/2024]

EXHIBIT “A”
TAB D: Project Plan
Project Staffing:

Fair Housing Director: Elizabeth Sanchez (fluent in Spanish) Managing Attorney: Arthur Tapia (fluent in Spanish)
Civil Rights Investigation Coordinator: Briana Lucio
Outreach Coordinator/Community Worker: Adrian Solis (fluent in Spanish) Staff Attorney: Avantika Rao (fluent in Hindi and Spanish) Fair Housing Coordinator: Akilah Williams
Fair Housing Counselors: Mirna Arriaga (fluent in Spanish), Jaslynn Wygal Executive Director, Carole Conn
Project Plan and Schedule
Project Sentinel (PS) will continue to emphasize public outreach and education and building community partnerships. From prior experience, raising public awareness of fair housing rights and available assistance is paramount to elevating awareness of our services to the community. Similarly, revisiting connections with existing social services and active community groups allows us to generate referrals and opportunities for education. We would simultaneously focus on assessing the rental market through fair housing testing and educating property owners on fair housing best practices.

Activity Schedule Staff
Outreach activities including presentations to
educate the public, social services, housing
providers – online or in-person
Quarterly Fair Housing Director,
Staff Attorney,
Fair Housing Coordinator
Maintaining website with fair housing
resources for the community
Quarterly Outreach Coordinator, Staff Attorney
Brochure distributions of fair housing
materials
Quarterly Outreach Coordinator,
Fair Housing Coordinator, Community
Worker
Intake and Referral Services – fair housing
counseling by phone or email
Quarterly Fair Housing Counselors, Fair Housing
Director
Investigations – includes audit testing and
community complaint investigation
Quarterly Investigation Coordinator, Managing
Attorney,
Staff Attorney,
Fair Housing Coordinator, Fair
Housing Director
6/10/2024
TAB E: Cost Proposal
Attachment C
CO

NSULTANT SERVICES BUDGET AND STAFFING PLAN
See Section 3 (Scope of Services) for our proposed annual budget and an estimated number of persons to benefit from our proposed services below. Please note that Project Sentinel conforms its invoicing to time worked, without specific dollar amounts attached to activities performed. For this reason, this attachment C has been revised to provide the scope of work activities, all of which are performed under the budget appropriation proposed:

Service Provided
Accomp.

Type*
Est.

Number
People reached and assisted via Intake and
Referral and Outreach Activities
Individuals
assisted
50 Complaint Investigation and Referral
(includes bona fides and audits)
Households
assisted
9 Fair Housing Outreach Activities/Events,
including workshops Outreach
activity
4 Brochure Distribution Outreach 500
TOTAL: 563
Provide a staffing plan for accomplishing the tasks listed in Sections 3 Scope of Services:

S

TAFFING PLAN
Job Title Duties
Estimated
no. of Hours Hourly Rate
Staff Attorney Intake, Testing, Investigation, Outreach 1 $36.35 Managing Attorney 1 $42.91
Fair Housing
Coordinator Testing, Investigation, Outreach 5 $30.80
Civil Rights
Investigation
Coordinator
Testing Coordination 3 $32.13
FH Counselor-MA Intake 3 $33.59
FH Counselor-JW Intake 3 $31.97
FH Director Supervision, Investigation, Outreach 3 $47.20 Executive Director Overall Program Supervision 1 $84.81 Outreach Coordinator Planning and Coordinating Outreach 4 $32.00 Total Not-to-Exceed per year: $16,000
Total Not-to-Exceed for 5 years: $80,000

Project Sentinel
Fremont ● Gilroy ● Milpitas
Modesto ● Redwood City ●
Sacramento ● Santa Clara
1490 El Camino Real
Santa Clara, CA 95050
Tel.(408) 720-9888
Fax (408) 216-9968
www.housing.org

PROJECT SENTINEL BOARD OF DIRECTORS

Resolution

(a) RESOLVED, that CAROLE CONN, Executive Director, be authorized to make, execute, endorse, and deliver in the name of and on behalf of the corporation, but shall not be limited to, any and all written instruments, agreements, documents, contracts, and other instruments of whatever nature entered into by this Corporation,

CAROLE CONN is authorized to submit funding proposals and to negotiate and sign contracts on behalf of the corporation including but not limited to the following city, county, state and Federal governments and private institutions:

City of Citrus Heights
City of Elk Grove
City of Gilroy
City of Hayward
City of Milpitas
City of Merced
City of Modesto
City of Mountain View
City of Palo Alto
City of Rancho Cordova
City of Redwood City
City of Richmond
City of Roseville
Cities of Sacramento, Isleton, Galt and Folsom
City of San Jose
City of San Mateo
City of Santa Clara
City of South San Francisco
City of Sunnyvale
City of Daly City
County of San Mateo
County of Santa Clara
County of Stanislaus
U.S. Department of Housing and Urban Development
Sacramento Housing and Redevelopment Agency
Fair Housing Law Project
DocuSign Envelope ID: 3895FA70-44B9-4FF5-B31D-9B807F5E80C8

City of West Sacramento
City of Cupertino
City of Campbell
City of Richmond
Town of Los Gatos
Santa Clara County Superior Court
Stanislaus County Superior Court
Community Housing and Shelter Services
Sobrato Family Foundation
Palo Alto Housing Corp
Chase Bank
Wells Fargo Bay Area
Bank of America
Bank of the West Boston Private
Presidio El Camino, L.P.

This resolution was passed by a unanimous vote of the Board of Directors during its regular meeting on May 20, 2024.

Signed:

REBECCA PICKART
Board President
DocuSign Envelope ID: 3895FA70-44B9-4FF5-B31D-9B807F5E80C8

COUNCIL COMMUNICATION
CC #:
3578
File #:
0800-02
Title:

Dry Creek Wastewater Treatment Plant Operations and Laboratory Building Project – Professional Design Services Agreement Amendment
Contact:

Inderpreet Chaggar 916-938-1595 [email protected]

Meeting Date: 10/16/2024
Item #: 7.11.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to Professional Design Services Agreement with 19six Architects, Inc. (19six) for the Dry Creek Wastewater Treatment Plant (DCWWTP) Operations and Laboratory Building Project for an additional amount of $55,485 to complete the project design services, for a total contract amount of $849,784.

BACKGROUND
In 2021, the City’s Environmental Utility Department (EUD) published a Request for Proposals (RFP 08-079) seeking professional architectural consulting firms to submit proposals for professional design and consulting services for the Pleasant Grove Wastewater Treatment Plant (PGWWTP) Maintenance Facilities Assessment and DCWWTP Operations and Laboratory Building Design. The City entered into an agreement with Williams + Paddon Architects Planners, Inc. (W+P) on October 6, 2021. The executed agreement included assessment and design tasks at both wastewater treatment plants: $682,050 and $112,249 for DCWWTP and PGWWTP, respectively, with a not-to-exceed amount of $794,299.

On August 30, 2022, W+P merged with 19six Architects, Inc. and the assessment efforts for the PGWWTP task and design efforts for the DCWWTP task have been completed by 19six.

The executed agreement included scope for the preliminary and complete design of the new Operations and Laboratory Building at DCWWTP and assumed the building size to be less than 10,000 square feet. The final building size exceeds 10,000 square feet and the executed agreement with 19six needs to be amended to include the additional effort to design the larger building, as well as the added effort for the Title 24 Commissioning requirements for the design and construction phase for the DCWWTP Operations and Laboratory Building Project.

FISCAL IMPACT
The current project budget of $4,958,570 will fully fund this phase of the project which includes the amended Professional Design Services Agreement with 19six for $849,784. The DCWWTP Operations and Laboratory Building Project budget is funded by the Wastewater Regional Rehabilitation Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Inderpreet Kaur Chaggar, Senior Engineer
Richard Plecker, Environmental Utilities Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-348
PDSA
RESOLUTION NO. 24-348

APPROVING A FIRST AMENDMENT TO PROFESSIONAL DESIGN SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND 19SIX ARCHITECTS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a First Amendment to Professional Design Services Agreement for the Pleasant Grove Wastewater Treatment Plant Maintenance Facilities Assessment and Dry Creek Wastewater Treatment Plant Operations and Lab Building Design, by and between the City of Roseville and 19six Architects, Inc., has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said first amendment is hereby 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

COUNCIL COMMUNICATION
CC #:
3586
File #:
0704
Title:

Parks Pre-Qualification Procedure Renewal
Contact:

Tara Gee 916-774-5253 [email protected]

Meeting Date: 10/16/2024
Item #: 7.12.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve the pre-qualification process set forth in the attached Department of Industrial Relations (DIR) publication, including the approval of the DIR uniform rating system and modified experience ratings, for specific parks and recreational capital projects to be bid and/or begin construction in the 2025 calendar year; approve the appeals process set forth in the attached Notice to Contractors; and authorize the City Manager to appoint an Appeals Panel consisting of one Assistant City Manager, the Director of Parks, Recreation & Libraries and one member of staff experienced in the public works bidding process.

BACKGROUND
The City of Roseville potentially will bid numerous parks and recreation projects during the calendar year. These projects include:
1) Saugstad Park Re-envisioning, revitalization of an existing 17-acre park off of Douglas Boulevard.
2) KT- 52 park site, a 7.61-acre neighborhood park adjacent to a future elementary school off of Sierra Village Drive.
3) C-63, a 2.5-acre neighborhood park in Creekview off of Lemonade Lane. 4) CO-61, a 6-acre neighborhood park in the Campus Oaks area on Ashbrook Street.

Based on the need to more effectively and efficiently administer the construction of these projects, due to a narrower construction window in order to comply with regulatory guidelines such as storm water pollution and prevention, air quality, etc., that there is more work than companies to perform the work, and an unstable construction environment that has affected the overall industry, it has become more challenging to attract qualified contractors. In order to address these concerns, staff has determined that it would be best to pre-qualify all prime contractors seeking to bid specific park projects.

History
In 1999, the Legislature enacted Section 20101 of the Public Contract Code to allow public agencies to require prospective bidders that wish to bid for public works projects to “pre-qualify” for the right to bid. To ensure objectivity, the Department of Industrial Relations prepared a questionnaire and pre-qualification forms for contractor pre-qualifications. While not mandatory that the City use these forms, such forms provide comprehensive guidance and are intended to meet all legal requirements relating to contractor compliance with apprenticeship programs and prevailing wage laws, occupational safety and health laws and other labor laws.

The Notice to Contractors regarding the pre-qualifications process is also attached.

This prequalification process has been utilized since 2013. The prequalification process has proven to be effective and staff was able to shorten the bidding period because the prequalification advertisement had already been completed. Through this process, numerous contractors have been prequalified to bid the park projects and the bids received have been competitive.

Rating System
The forms establish a uniform scoring system and allocate points for particular responses. A minimum rating will be required for a contractor to be deemed pre-qualified to bid. The standards set forth by the rating system consider minimum standards of bidders to include “trustworthiness, quality, fitness, capacity and experience”.

Appeals Process and Appointments
Public Contract Code Section 20101 also requires that the City establish a process that will allow prospective bidders to dispute their pre-qualification ratings prior to the closing time for receipt of bids. Included in this resolution, staff proposes an appeals process for the City Council’s approval. This proposal is substantially similar to the process suggested by the DIR.

Where a timely and completed application results in a rating below that necessary to pre-qualify, the contractor will be allowed to submit a written appeal within ten (10) working days of notification of their rating. If a contractor gives the required written notice of appeal and requests a hearing, the hearing will be conducted no more than ten (10) working days after receipt of notice.

The Appeals Board will be comprised of the Assistant City Manager, the Director of Parks, Recreation & Libraries and one staff member who has a professional understanding of public works bidding/projects and can assess the responses of the applicants. Examples of potential designees could include inter-department peers. No formal rules of evidence or similar procedures shall apply to the hearing, but the contractor will be given the opportunity to present information and reasons in opposition to the rating. The Appeals Panel will render its decision within three (3) business days after the conclusion of the hearing and that decision will be final.

Should one of the projects be in progress, the appeals process shall not halt that work. If the contractor successfully overturns a low rating, pre-qualifications shall apply to the remaining yet to be bid projects.

FISCAL IMPACT
There is no direct fiscal impact in approving the pre-qualification and appeals process. It is expected that the adoption of this process and the resolution will garner similar results experienced in previous years and will attract qualified bidders, resulting in the best value for the City.

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 approval of the prequalification and appeals processes meets 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 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 24-350
Questionnaire/Application
Pre-Qualifications Announcement
RESOLUTION NO. 24-350

APPROVING THE PRE-QUALIFICATIONS PROCEDURE FOR CERTAIN PARKS,

RECREATION & LIBRARIES PROJECTS AND APPROVING THE ADMINISTRATIVE

HEARING PROCESS FOR APPEALS

WHEREAS, California Public Contract Code Section 20101 authorizes public agencies to require prospective bidders that wish to bid for public works projects to “prequalify” for the right to bid; and

WHEREAS, the City of Roseville intends to bid out numerous parks and recreation capital projects during the calendar year; and

WHEREAS, these projects include:

1) Saugstad Park Re-envisioning
2) KT-52 park site
3) C-63 Park
4) CO-61 Park

WHEREAS, in order to more effectively and efficiently administer the construction of these projects, staff has determined that it would be in the City’s best interests to pre-qualify all contractors seeking to submit bids for these projects; and

WHEREAS, Public Contract Code Section 20101 expressly authorizes the Department of Industrial Relations (DIR) to create model prequalification forms for the use by public entities utilizing the prequalification process, and the DIR has established such model forms; and

WHEREAS, Public Contract Code Section 20101 also requires public agencies to adopt an administrative hearing procedure allowing prospective bidders to challenge their pre- qualification scores; and

WHEREAS, the City Council has reviewed the DIR model forms, the DIR uniform rating system, and the appeals process proposed by the Parks, Recreation and Libraries Department (hereinafter, “Parks”); and

WHEREAS, by utilizing the prequalification process pursuant to Public Contract Code Section 20101 and the DIR model forms, the City of Roseville will maximize its compliance with current State law while attracting the most qualified, trustworthy, fit, experienced, and competent bidders when using the prequalification process.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roseville that it hereby approves use of the prequalification process for the certain Parks, Recreation & Libraries projects identified in this Resolution.

BE IT FURTHER RESOLVED by the City Council that the Parks, Recreation & Libraries Director is hereby authorized to implement a contractor prequalification procedure for prospective bidders for these, which procedure shall be based upon the DIR model prequalification forms and the DIR uniform rating system.

BE IT FURTHER RESOLVED by the City Council that the administrative hearing process proposed by the Parks, Recreation & Libraries Department for prequalification appeals is hereby approved.

BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to appoint an Appeals Panel consisting of one Assistant City Manager, the Director of Parks, Recreation & Libraries and one member of staff experienced in the public works bidding process.

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
�
R6sE'VILLE
( .i\ Llf() R NI ,<\
Parks, Recreation & Libraries
316 Vernon Street, Suite 400
Roseville, CA 95678

CONTACT INFORMATION
Firm Name: _____________________ _
(as it appears on license)
Check One: _ Corporation _ Partnership _ Sole Propriety Contact person: ____________________ _
Phone #: Email: ----------- -----------------
If firm is a sole proprietor or partnership:

Owner (s) of Company
Contractor's License(s):
(list all licenses held)
_ ( Check if you are a ) Certified Small Business Enterprise/Woman-owned Business Enterprise/Minority Business Enterprise
_ All contractors and identified ·subcontractors must register with the Department of Industrial Relations (DIR) in order to work on public projects. Contractors and subcontractors submitting for this pre-qualification must attach a copy of the DIR registration as verification of compliance. * Applies to identified Subcontractor trades (Grading/Underground; Concrete, Electrical, Landscape/irrigation, Building)
Address:
**In lieu of the above, credit reports will be obtained for all submissions except SBE/MBE/WBE.

PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE,

COMPLIANCE WITH CIVIL AND CRIMINAL LAWS
A. Current Organization and Structure of the Business
For FirDls That Are Corporations:
la. Date incorporated : ___ _
1 b. Under the laws of what state: __ _
le. Provide all the following infonnation for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten nercent o
Name
fh . ' tok t e comoratton s s C •
Position Years with Co. % Ownership
ld. Identify every construction finn that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.

NOTE: For this question, "owner" and "partner" refer to ownership often per cent or more of the business, or 10 per cent or more of its stock, if the business is a corpora hon.

Person's Name Construction Finn
For Firn1s That Arc Partnerships:
1 a Date of formation: --------
lb. Under the laws of what state: ----
Dates of Person's Participation
with Finn
1 c. Provide all the following information for each partner who owns 10 per cent or more of the finn.

Name Position Years with Co. %Ownership
10 www.roseville.ca.us

October 17, 2024

NOTICE: Pre-Qualification for Construction of Specified Park & Recreation Facilities for 2025

To Whom It May Concern:

General Information
Roseville is an incorporated city with a population of over 150,000 residents, located on Interstate 80, approximately 15 miles northeast of Sacramento, California and continues to grow. At build out, the parks system would include over 140 parks.

Notice
Notice is hereby given that the City of Roseville, Parks, Recreation & Libraries Department is hereby pre- qualifying all bidders for the following park and recreation construction projects:

1) Saugstad Park Re-envisioning, revitalization of an existing 17 acre park off of Douglas Boulevard.

2) KT- 52 park site, a 7.61 neighborhood park adjacent to a future elementary school off of Sierra Village Drive.

3) C-63 Park, a 2.5 acre neighborhood park in Creekview off of Lemonade Lane.

4) CO-61 Park, a 6 acre neighborhood park in the Campus Oaks area on Ashbrook Street.

After the pre-qualification process has been completed, the City will issue a Notice to Contractors for each of these projects to pre-qualified Contractors. It is mandatory that all Primary Contractors who intend to submit a bid(s) for any of these projects shall fully complete the pre-qualification questionnaire, provide all materials requested herein, and be approved by the City of Roseville to be on the final qualified bidders’ list. This year, subcontractors of any trade are not required to be pre-qualified.

Please note the following:
• The process includes three parts. Contractors must qualify for all items noted in Part I including financial solvency, and receive a minimum rating score in each of the following:

o Organizational Structure, History
o Safety
o Park Experience within the last three (3) years
o Interview with Past Project Contacts (Randomly chosen)

• If a company is a certified Small Business Enterprise, Minority Business Enterprise or Women - owned Business Enterprise, a financial statement is not required, however, a copy of the qualifying certificate and a notation in the submittal as to the business status must be included and noted.
• All contractors must register with the Department of Industrial Relations (DIR) in order to work on public works projects. Contractors submitting for this pre-qualification must attach a copy of the DIR registration as verification of compliance.
• No bid will be accepted from a Contractor that has failed to comply with these requirements.

Parks, Recreation & Libraries
316 Vernon Street, Suite 400
Roseville, CA 95678

www.roseville.ca.us

Answers to questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. Information provided in the questionnaire related to project experience shall be specific to park and recreation facility construction projects. The City of Roseville will use these documents as the basis of rating Contractors in respect to the size and scope of contracts upon which each Contractor qualified to bid. The City of Roseville reserves the right to check other sources available. The City of Roseville’s decision will be based on objective evaluation criteria.

While it is the intent of the pre-qualification questionnaire and documents required therewith to assist the City of Roseville in determining bidder responsibility prior to the submission of bids and to aid the City of Roseville in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre- qualification rating will preclude the City of Roseville from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness.

A Contractor may be found not pre-qualified for bidding on a specific park contract to be let by the City of Roseville, or on all park construction contracts to be let by the City of Roseville, until the Contractor meets the City of Roseville’s requirements. In addition, a Contractor may be found not pre -qualified for either:
1) Omission of requested information,
2) A determination of a risky or questionable financial solvency status; or 3) Falsification of information.

Contractor Registration: Effective March 1, 2015, no contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Effective April 1, 2015, no contractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

City of Roseville Reservation of Rights
The City of Roseville reserves the right to adjust, increase, limit, suspend or rescind the pre -qualification rating based on subsequently learned information. Contractors who are thereafter disqualified will be notified, and given an opportunity for a hearing consistent with the hearing procedures described for appealing a pre-qualification rating.

The City of Roseville reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted, to make all final determinations, and to determine at any time that the pre-qualification procedures will not be applied to a specific future park project.

The City of Roseville will refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by the due date noted below. There is no appeal from a finding that a Contractor is not pre-qualified because of an incomplete or late application, but reapplication for a later project is permitted. The closing time for all bids will not be changed in order to accommodate supplemental or incomplete submissions, or late submissions.

The City of Roseville may elect to randomly interview selected references from at least two (2) completed park projects. The City of Roseville will conduct those interviews. No action on the Contractor’s part is necessary.

The City of Roseville cannot guarantee that all projects listed will be constructed this calendar year.

Submittal Due Date and Address
The last date to submit a pre-qualification package is 3:00 p.m., November 18, 2023.

The pre-qualification packages should be submitted under seal and marked “CONF IDENTIAL” with the title “PARKS PRE-QUALIFICATIONS SUBMITTAL” to the City Clerk’s Office at 311 Vernon Street,

www.roseville.ca.us
Roseville, CA 95678. All submittals must be made at the City Clerk’s Office. Faxed submissions will not be accepted.

Contractors may submit pre-qualification packages during regular working hours on any day that the offices of the City Clerk are open. We recommend calling the Clerk’s Office first before hand-delivering..

Contractors who submit a complete pre-qualification package will be notified of their qualification status between fifteen (15) and twenty (20) business days after submission deadline of the information.

Reviews will begin the first business day after the submission deadline.

Public Records
The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors are not public record and are not open to public inspection. All information will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purposes of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for pre-qualification status shall be public record subject to disclosure, and the first page of the questionnaire will be used for that purpose.

Financial Solvency
In lieu of submitting financial statements, the City will conduct credit checks through a third party (one of the top three credit rating agencies). A score of 650 or less will be subject to additional review and may be grounds for disqualification. Submission of the questionnaire is an acknowledgement that a credit report of the company’s financial standing will be obtained. Therefore, financial statements submitted as a part of this questionnaire are not required.

Execution of Questionnaire
Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify the City of Roseville and provide updated accurate information in writing, under penalty of perjury.

Essential qualifications (Part I): all requirements must be met before Parts II and III are reviewed. See