RFP #101221
REQUEST FOR PROPOSALS
for
Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies
Proposal Due Date: October 12, 2021, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies to result in a contracting solution for use by its Participating Entities.
Sourcewell Participating Entities include thousands of governmental, higher education, K -12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportal.sourcewell-mn.gov ]. Only proposals submitted through
the Sourcewell Procurement Portal will be considered. Proposals are due no late r than October 12, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: August 24, 2021
Pre-proposal Conference: September 15, 2021, 10:00 a.m., Central Time Question Submission Deadline: October 5, 2021, 4:30 p.m., Central Time Proposal Due Date: October 12, 2021, 4:30 p.m., Central Time Late responses will not be considered.
Opening: October 12, 2021, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
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I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; EXHIBIT 3
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• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”), Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”), North West Territories Association of Communities ("NWTAC") and their members.
RMA Participants may include all not-for-profit agencies for Canadian provinces and territories.
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies principally intended or designed for the cleaning of sewer lines, catch basins and storm sewers, or for municipal pumping applications, such as:
a. Sewer vacuums or combination sewer cleaners;
b. Hydro or air excavation equipment;
c. Jetters and rodders;
d. Dewatering, mud, trash, and centrifugal pumps;
e. Other pumps used in lift station, sewage treatment, water treatment, or water collection facilities; and,
f. Accessories, supplies and replacement or wear parts related to the offering of the solutions in subsections 1. a. – d. above.
2. The primary focus of this solicitation is on Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies, for the cleaning of sewer lines, catch basins, and storm sewers, or for municipal pumping applications, and the related offering of equipment, supplies and services. This solicitation should NOT be construed to include excavators principally intended for utility infrastructure installation and related solutions.
3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Public Utility Equipment with Related Accessories and Supplies (RFP #012418).
Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.
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Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.
Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $65 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the EXHIBIT 3
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contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
4. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this EXHIBIT 3
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pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity . However, it is permissible for suppliers to sell at a price that is lower than the contracted price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or ini tial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, p roposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.
To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested alternative language.
Unclear requests will be automatically denied.
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Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.
If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.
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If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected] .
To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Supplier Account and register for this solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.
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E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores.
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• The attributes of proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals.
Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained
A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; EXHIBIT 3
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• Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.
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Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.
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8/26/2021
Addendum No. 1
Solicitation Number: RFP 101221
Solicitation Name: Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
We manufacture and sell pipeline inspection and rehabilitation equipment. Are we to bid on RFP 101221 or RFP 093021?
Answer 1:
Each Sourcewell RFP is an open and competitive solicitation process. In the competitive process, Sourcewell will not pre-evaluate a proposer’s offerings.
Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in the RFP. Only those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of the solicitation. Each Proposal will be evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 101221 posted to the Sourcewell Procurement Portal on 8/26/2021, is required at the time of proposal submittal.
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9/10/2021
Addendum No. 2
Solicitation Number: RFP 101221
Solicitation Name: Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Are we able to add new items to the contract post-award or are only items included during the initial submission allowed? When are price increases permitted post-award to accommodate for material COGs increases and is there a yearly limit? Answer 1:
Refer to the Sourcewell contract template, Section 4 – Product and Pricing Change Requests.
Question 2:
When are sales and the administrative fee paid to Sourcewell? During the quarter the order was received from the customer or after delivery to and payment from the customer?
Answer 2:
Refer to Sourcewell Contract Template Section 8 – Report on Contract Sales Activity and Administrative Fee Payment, for Sourcewell expectations for reporting and administrative fees.
Question 3:
We offer equipment that ranges in capacity and multiple chassis options. If we offer as a standard item on contract a certain gallon tank with a specific chassis and have the unit priced as such, when the customer calls for a quote and wants the same tank with a EXHIBIT 3
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different chassis can we quote the difference in pricing as “Off Contract or Open Market” for the difference in cost between the chassis? Answer 3:
It is left to the discretion of each proposer to articulate and propose the pricing approach that aligns with their business methods and satisfies the requirements of RFP Article III - Pricing. Proposals are evaluated based on the criteria stated in the RFP.
Question 4:
Are we allowed to quote “Off contract or Open Market” any optional equipment that is not included on the base model based on each customer’s specific needs? Or do we have to have on contract any and all possible options available? Answer 4:
Refer to Answer 3 above.
Question 5:
How are we to handle transportation costs for our units when a customer requires delivery. Because shipping costs can very largely based on where the unit is to ship, are we allowed to price out delivery on a separate line and add the actual shipping costs to the bid?
Answer 5:
Refer to Answer 3 above.
Question 6:
How can the financial statements be excluded from public record? Answer 6:
RFP Se
ction VI. E. - Disposition of Proposals, addresses the handling of materials submitted in response to the RFP under Minnesota Statutes Section 13.591.
End of Addendum
Acknowledgement of this Addendum to RFP 101221 posted to the Sourcewell Procurement Portal on 9/10/21, is required at the time of proposal submittal.
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9/30/2021
Addendum No. 3
Solicitation Number: RFP 101221
Solicitation Name: Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Clarify what must be ‘provided throughout the term of any Contract’? Does this mean that whenever new MSRP pricing is published it must be provided to Sourcewell and the discount offered in the proposal must be maintained throughout the term of the contract?
Answer 1:
A Proposer with proposed pricing that is based on Percentage Discount from Catalog or Category (RFP Section III. A. 1. b.) is “responsible for providing and maintaining current published MSRP with Sourcewell.” The MSRP must be included in the proposal. In the event of contract award, current published MSRP must be provided to Sourcewell throughout the term.
Question 2:
Will a Sourcewell Price and Product Change Request be required whenever new MSRP pricing is published?
Answer 2:
See Answer 1 above. Also, refer to Sourcewell template contract Section 3. – Pricing, for additional detail on pricing during the contract term. “All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.” During the term of an awarded contract, a change of the price stated in a EXHIBIT 3
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supplier’s proposal is requested using the process described in template contract Section 4. – Product and Pricing Change Requests.
End of Addendum
Acknowledgement of this Addendum to RFP 101221 posted to the Sourcewell Procurement Portal on 9/30/2021 is required at the time of proposal submittal.
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The
New York StateContract Reporter
This document printed
Monday, 08/23/2021
NYS' official source of contracting opportunities
Bringing business and government together
Contracting Opportunity
* * * This ad has not been published. It has been reviewed and pending publication. * * * Title: Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies
Agency: Sourcewell
Division: Procurement Department
Contract Number: 101221
Contract Term: 4 years, with potential 1 year extension Date of Issue: 08/24/2021
Due Date/Time: 10/12/2021 4:30 PM
Central Time
County(ies): All NYS counties
Classification: Vehicles & Equipment - Commodities
Opportunity Type: General
Entered By: Chris Robinson
Description: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal .sourcewell-mn.gov
]. Only proposals submitted through
the Sourcewell Procurement Portal will be considered. Proposals are due no later than October 12, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Service-Disabled Veteran-Owned Set Aside: No
1 of 2
EXHIBIT 3
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Contact Information
Primary contact: Sourcewell
Procurement Department
Chris Robinson
Procurement Manager
202 12th Street NE
P.O. Box 219
Staples, MN 56479
United States
Ph: 218-895-4168
[email protected]
Submit to contact: Sourcewell
Procurement Department
Chris Robinson
Procurement Manager
202 12th Street NE
P.O. Box 219
Staples, MN 56479
United States
Ph: 218-895-4168
[email protected]
© 2021, Empire State Development http://www.esd.ny.gov/ 2 of 2
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Adportal Self Service Advertising Confirmation ht tps://placelegal.mcclatchy.com/legals/columbia/home/confirmation.htm... 1 of 1 8/19/2021, 8:53 AM
EXHIBIT 3
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Sourcewell, a State of Minnesota local government unit
and service cooperative, is requesting proposals forSewer Vacuum,Hydro-Excavation,andMunicipalPumping
EquipmentwithRelatedAccessoriesandSupplies to result
in a contracting solution for use by its Participating Entities.
Sourcewell Participating Entities include thousands of
governmental, higher education, K-12 education,
nonprofit, tribal government, and other public agencies located in the United States and Canada.
A full copy of the Request for Proposals can be
found on the Sourcewell Procurement Portal
https://proportal.sourcewell-mn.gov.
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Wide receiver CeeDee Lamb relaxed
at training camp with a sweet berry peo-
ny-scented candle, running back Eze-
kiel Elliott was thankful for a supply of
baby powder and a couple of Cowboys
who hail from Pennsylvania faced off in
a chess match.
The second episode of HBO’s “Hard
Knocks: The Dallas Cowboys” docu-
series aired last Tuesday, offering fur-
ther insight into stars and fringe roster
players, as well as coaching dynamic in-
tricacies only known behind closed
doors.
Sloppy practices? Head coach Mike
McCarthy had publicly knocked his
team for mental errors and missed as-
signments, but “Hard Knocks” dis-
played the attention to cadence as of-
fensive coordinator Kellen Moore de-
manded all players stand, clapping on
repeat, while rehearsing the snap. In an
early scene, McCarthy emphasized to
players during a meeting the impor-
tance of establishing a team personality
rooted in physicality. Defensive line
coach Aden Durde implored his position
group: “We have to work on our mental
toughness.”
Here are USA TODAY Sports’ top five
highlights from Episode 2.
1. Circuslike catches demand
center stage
Cowboys fans need not have tuned
into “Hard Knocks” to discover high-
light-reel catches from Lamb, the sec-
ond-year star receiver. Those blanketed
Cowboys Twitter from the first week of
training camp. But the show did offer
new jaw-dropping angles of Lamb’s
one-handed heroics, while audio cap-
tured by the NFL Films crew shed fur-
ther light into how teammates perceive
Lamb’s consistent spectacles.
“That’s an easy guy to throw a go ball
to,” quarterback Dak Prescott says. “See,
he just walks underneath them.”
Micah Parsons, Dallas’ 2021 first-
round pick, lauded the 2020 top selec-
tion as “nasty as (expletive).”
Owner Jerry Jones shared similar
sentiments while video chatting with
Hall of Fame receiver Michael Irvin dur-
ing this week’s episode.
“His strength is noticeable, his work
he’s done, he’s added pounds,” Jones
said. “You can see just in the way he
snatches the ball. This guy wants to go
out and make the plays. We’ve just got to
use it. We’ve got to have it in his hands.”
2. Parsons’ relentless regard of
the game
For the second straight episode, Par-
sons aimed to fight for more preseason
snaps. His 14 chances (20% of defensive
snaps) against Arizona pleased him no
more than his previous 11 (19%). On the
sideline, the rookie doth protest.
“You said a quarter and a half,” Par-
sons told senior defensive assistant
George Edwards. “Coach, do you not re-
member what you told me?”
Parsons was credited with four tack-
les against the Cardinals in addition to a
beyond-the-box-score instinctive stop
that aided linebacker Keanu Neal’s
forced fumble and recovery. Neal
goaded Parsons on the bench, further
lighting the fire: “I hope your ass is done
so you can get (expletive) mad.”
Also featured: a scene in which Par-
sons, a games man who actually
brought his own Connect Four board to
Southern California training camp,
faces backup quarterback Ben DiNucci
in a chess match. DiNucci ultimately
won on account of what Parsons insist-
ed was “one blunder.” The Pennsylvania
boys exchanged jabs. “ Against a Pitts-
burgh guy, I’ve never been nervous,”
said Parsons, who grew up in Harris-
burg. DiNucci’s winning gloat: “I guess
the western part of PA is better than the
eastern part of PA, huh?”
3. Defensive line coach flashes
accent, acumen
Aden Durde rejoined the Cowboys
coaching staff for a second stint this off-
season. But the smooth accent with
which he coaches bag drills immediate-
ly gives away Durde’s roots: He is Brit-
ish. As Durde coaches how best to at-
tack with a strong outside arm, Jones
offers a description reminiscent of the
biblical scene when Isaac assesses
whether he’s speaking with his son Ja-
cob or progeny Esau.
“That defensive line coach, I look at
him and he looks like he’s from Arkan-
sas,” Jones says of Durde from the side-
line of practice. “I listen to him, and he
sounds like Winston Churchill.”
Durde’s accent generates laughter
from defensive linemen, including end
Tarell Basham, who commits to an im-
personation during the episode. A re-
porter asks Durde whether he’s familiar
with “Ted Lasso,” an American football
coach tasked with coaching an English
soccer team in the popular Apple TV
show. Durde said he’s not seen the
show.
“But I’ve heard some people say
that,” Durde adds. “I know who he is
now.”
4. Highs, lows of bubble player’s
journey
Cowboys pass rusher Azur Kamara
missed the 2020 season with an injury
designation. The 22-year-old Ivory
Coast native fled the civil war with his
family as a kid, finding refuge first in
Guinea before reaching the United
States and settling in Arizona. Kamara,
who played college football at Kansas, is
shown in the episode making contact
with DiNucci during team drills – an in-
excusable error, worthy of a firm Durde
rebuke afterward. But during the pre-
season game against the Cardinals, in
which Kamara’s family attends, Kamara
flashes with a would-be strip sack that
was negated by a false start penalty. The
play counts for naught, but the instinct
drew props from teammates and coach-
es. Kamara’s mom smiles so intermina-
bly his sister tells her mother her “face is
gonna hurt.”
5. Prescott makes progress
The Cowboys progress through this
episode toward answering the biggest
question of training camp: Prescott’s
health. The quarterback slowly return-
ing from a latissimus strain in his
throwing shoulder resumes throwing in
individual drills. Like in Episode 1, re-
strictions do not please him.
“Enjoyed the work man,” Prescott
says after one session return, with a
trace of bitterness. “I’m done; they
pulled me. They pulled me.
“I’m on a pitch count. They called in
the reliever.”
Prescott explains in detail how he in-
stead embraces mental reps, envision-
ing his targets and adjustments while
supervising team drills.
In the meantime, backups aim to
capitalize on opportunities.
‘Hard Knocks’ features circus-like catches
Jori Epstein
USA TODAY
CeeDee Lamb had 935 yards and 5 TDs receiving during his rookie season.
TIM HEITMAN/USA TODAY SPORTS
Brenda Allen didn’t consider en-
dorsement deals when she nicknamed
her baby grandson, Ga’Quincy McKin-
stry, Kool-Aid. She thought about his
smile – a big grin that reminded her of
the Kool-Aid Man.
McKinstry has plenty to smile about
these days.
Alabama’s highly touted freshman
cornerback and the Kool-Aid drink an-
nounced an endorsement deal Wednes-
day, becoming the most obvious part-
nership to emerge since the NCAA be-
gan allowing college athletes to profit off
their name, image and likeness on July 1.
In a full embrace of his nickname,
McKinstry is listed as “Kool-Aid McKin-
stry” on Alabama’s roster.
After seeing McKinstry’s name re-
corded that way on the roster, the Kool-
Aid brand thought: Oh yeah!
A partnership was born.
McKinstry might be at the head of a
trend.
Years from now, perhaps we’ll see all
sorts of athletes on college rosters who
are named after product brands in
hopes of landing an endorsement.
“I think the NIL is going to make a lot
of changes in the way people do a lot of
things. I wouldn’t doubt that moms and
dads are going to start naming their kids
Heinz Ketchup and Kraft Macaroni,”
joked Demarcus Thornton, McKinstry’s
friend who served as his representative
to help secure the deal.
But there’s more to like about McKin-
stry than his name.
A five-star recruit, McKinstry was
the nation’s No. 1-ranked cornerback in
the 2021 recruiting class. He’s expected
to receive ample playing time during his
first season within an Alabama defense
that will rank among the nation’s elite.
That means you can expect to hear
Kool-Aid mentioned on a lot of televi-
sion broadcasts this fall.
“He’s better than people think on the
field, and he’s an even better person.
He’s just a fantastic kid,” said Thornton,
who played defensive back at West Ala-
bama and met McKinstry a couple of
years ago through a connection with
NFL and former Alabama defensive
back Dre Kirkpatrick.
And, importantly, Thornton said
McKinstry drinks the product he’s en-
dorsing, guzzling Kool-Aid Pink Lemon-
ade “like it’s water.”
“That’s his favorite flavor,” Thornton
said.
Even McKinstry’s given name, Ga-
’Quincy, lends itself to a slogan.
“Drink Kool-Aid. It’ll Ga’Quench your
thirst,” said Thornton, a Gadsden, Ala-
bama-based entrepreneur.
McKinstry appeared on “CBS This
Morning” on Aug. 5 to discuss being
named the male athlete of the year by
the USA TODAY High School Sports
Awards after a standout senior season
that culminated in Pinson Valley High
School winning Alabama’s Class 6A
championship.
During that nationally televised in-
terview, McKinstry was asked about the
possibility of an endorsement deal with
Kool-Aid.
McKinstry already had signed a con-
tract with the brand by that time,
Thornton said, but the deal hadn’t been
announced. McKinstry didn’t let it slip.
“Hopefully that’s something that can
happen in the near future,” McKinstry
told CBS.
McKinstry and the drink kept the
partnership under wraps until Wednes-
day. To announce the deal, the Kool-Aid
Man, the drink’s well-known mascot,
swapped names with McKinstry on
their Twitter and Instagram accounts
for 24 hours.
McKinstry’s name topped the Kool-
Aid brand’s account, while the Kool-Aid
Man moniker shifted to McKinstry’s
personal account.
The switcheroo reversed to its natu-
ral order on Thursday.
Backstory behind Kool-Aid McKinstry endorsement
Blake Toppmeyer
USA TODAY NETWORK
Alabama defensive back Kool-Aid
McKinstry participates in practice
Aug. 7.
KENT GIDLEY/CRIMSON TIDE PHOTOS
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Notice
Basic Information
Details
Dates
Contact Information
Pre-Bidding Events
Bid Submission Process
Estimated Contract Value (CAD) $65,000,000.00 (Not shown to suppliers) Reference Number 0000207048
Issuing Organization Sourcewell
Owner Organization
Solicitation Type RFP - Request for Proposal (Formal)
Solicitation Number 101221
Title Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Acc
Source ID PP.CO.USA.868485.C88455
Location All of Canada, All of Canada
Purchase Type Duration:4 years
Description Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies to result in a contracting solution for use by its Participating Entities.
Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than October 12, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Publication 2021/08/24 09:28:53 AM EDT
Question Acceptance Deadline 2021/10/05 05:30:00 PM EDT Questions are submitted online No
Bid Intent Not Available
Closing Date 2021/10/12 05:30:00 PM EDT
Prebid Conference 2021/09/15 11:00:00 AM EDT
Procurement Department
218-894-1930
[email protected]
Event Type Prebid Conference
Attendance Recommended
Event date 2021/09/15 11:00:00 AM EDT
Location Online conference
Event Note Login information will be emailed two business days prior to the event.
Bid Submission Type Electronic Bid Submission
Pricing In attached document
Pricing In attached document
Bid Documents List
Item Name Description Mandatory
Bid Documents Documents defining the proposal Yes
101221 - Sewer Vacuum, Hydro-Excavation, and Municipal P... 2021/08/24 09:29:03 AM EDT Page 1 of 2
EXHIBIT 3
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Categories
Selected Categories
GSIN Category (1)
G Goods
Goods
N49 Maintenance And Repair Shop Equipment
Maintenance And Repair Shop Equipment
N4940B AUGER MACHINES, PIPE AND SEWER, POWER OPERATED
AUGER MACHINES, PIPE AND SEWER, POWER OPERATED
MERX Category (1)
G Goods
Goods
G19 Machinery and Tools
Machinery and Tools
UNSPSC Categories (2)
47000000 Cleaning Equipment and Supplies
47100000 Water and wastewater treatment supply and disposal 47101500 Water treatment and supply equipment
47101600 Water treatment consumables
101221 - Sewer Vacuum, Hydro-Excavation, and Municipal P... 2021/08/24 09:29:03 AM EDT Page 2 of 2
EXHIBIT 3
430
ProposalOpeningRecord
Dateofopening:October12,2021
SourcewellpostedRequestforProposal#101221,fortheprocurementofSewerVacuum,HydroͲExcavation, andMunicipalPumpingEquipmentwithRelatedAccessoriesandSupplies,ontheSourcewellProcurement Portal[proportal.sourcewellͲmn.gov]onTuesday,August24,2021,andthesolicitationremainedinanopen statuswithintheportaluntilOctober12,2021,at4:30pmCT.TheRFPrequiredthatallproposalsbe submittedthroughtheSourcewellProcurementPortalnolaterthan4:30pmCTonOctober12,2021,thedate andtimespecifiedintheSolicitationSchedule.
TheundersignedcertifythatallresponsesreceivedonRequestforProposal#101221weresubmittedthrough theSourcew
ellProcurementPortal,andthateachProposer’sresponsematerialwasdigitallysealedupon submissionandremainedinaccessibleuntiltheduedateandtimespecifiedintheSolicitationSchedule.
Responseswerereceivedfromthefollowing:
AriesIndustries,Inc.ͲSubmitted10/12/21at5:43:42AM BadgerDaylighting,Limi
tedPartnershipbyitsGeneralPartnerBadgerInfrastructureSolutions,Ltd.Ͳ Submitted10/12/21at12:09:52PM
CUES,Inc.ͲSubmitted10/08/21at1:32:58PM
DeepTrekkerͲSubmitted10/12/21at2:16:40PM
DuCo,LLC(VacͲCon,Inc.)ͲSubmitted10/01/21at11:10:04AM ElginSweeperCo.(VactorMfg,aDivisionofFederalSignal)ͲSubmi tted10/11/21at2:51:07PM GapVax,Inc.ͲSubmitted10/12/21at2:06:26PM
GarsiteProgress,LLCͲSubmitted10/07/21at12:08:54PM GradallIndustries,Inc.ͲSubmitted10/12/21at12:44:48PM HollandPumpCompany Ͳ Submitted10/12/21at4:29:51PM HurcoTechnologies,Inc.ͲSubmitted10/12/21at3:31:00PM KAISERPREMIER,LLCͲSubmitted10/12/21at3:35:41PM ParkPumps&ControlsͲSubmitted10/07/21at7:53:58AM RingͲOͲMaticͲSubmitted10/12/21at2:10:48PM
SewerEquipmentCo.ofAmericaͲSubmitted10/11/21at3:11:12PM StetcoGroup,LLCͲSubmitted10/04/21at4:56:44PM
SuperProducts,LLCͲSubmitted10/12/21at2:32:03PM TexasUnderground,Inc.dbaPipehunter,Inc.ͲSub mitted10/12/21at9:11:43AM ThompsonPumpandManufacturingCompany,Inc.ͲSubmitted10/12/21at4:10:44PM VisualImagingResources,LLCdbaVIRProteusͲSubmitted10/12/21at9:01:56AM WachsUtilityProducts(IllinoisToolWorks)ͲSubmitted10/10/21at6:34:49PM WASTEWATERSOLUTIONS,LLCͲSubmitted10/12/2110:18:38AM
EXHIBIT 3
431
TheProposalswereopenedelectronically,andalistofallProposerswasmadepubliclyavailableinthe SourcewellProcurementPortal,onOctober12,2021,at4:32:20PMCT.Allresponsiveproposalswerethen submittedforreviewbytheSourcewellEvaluationCommittee.
____________________________________________________________________ ChrisRobinson,CPSM,ProcurementManagerCarolJackson,ProcurementAnalyst
EXHIBIT 3
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AriesIndustries,Inc. Badger Daylighting CUES,Inc. Deep Trekker DuCo, LLC(VacͲCon,Inc.) ElginSweeperCo.(Vactor
Manufacturing,aDivision
ofFederalSignal) GapVax, Inc. Garsite Progress,LLC Gradall Industries,Inc. Holland PumpCompany Hurco Technologies,Inc.
PossiblePoints
ConformancetoRFP
Requirements 50 44 42 43 39 42 41 39 Pricing 400 340 346 340 305 307 340 338 FinancialViabilityand
Mar
ketplaceSuccess 75 66 64 64 54 66 56 60 AbilitytoSellandDeliver
Service 100 89 84 80 76 84 70 67 MarketingPlan 50 45 41 42 39 41 38 40 ValueAddedAttributes 75 67 63 67 54 59 61 56 Warranty 50 41 41 39 40 40 41 40 Dep
thandBreadthof
OfferedEquipment,
Products,orServices 200 179 170 161 144 159 159 144 TotalPoints 1,000 871 851 836 751 798 806 784 RankOrder 134 1 486 1 1
KaiserPremier,LLC Park Pumps&Controls Ring ͲOͲMatic SewerEquipmentCo.of
America StetcoGroup,LLC Super Products,LLC
TexasUnderground,Inc.
dbaPipehunter,Inc.
ThompsonPumpand
ManufacturingCompany,
Inc.
VisualImagingResources,
LLCdbaVIRProt
eus
WachsUtilityProducts
(IllinoisToolWorks)
WasteWaterSolutions,
LLC
PossiblePoints
ConformancetoRFP
Requirements 50 40 33 41 44 38 40 39 43 40 Pricing 400 311 238 333 341 328 311 279 310 314 FinancialViabilityand
MarketplaceSuccess 75 58 49 60 68 56 63 60 64 64 AbilitytoSellandD
eliver
Service 100 75 58 82 86 68 78 71 84 77 MarketingPlan 50 41 24 40 44 40 40 39 42 36 ValueAddedAttributes 75 55 48 61 69 53 59 53 68 61 Warranty 50 40 37 40 41 39 40 40 40 38 DepthandBreadthof
Offer
edEquipment,
Products,orServices 200 150 145 178 173 135 160 165 148 158 TotalPoints 1,000 770 632 835 866 757 791 746 799 788 RankOrder 12 1 652 1 39 1 57 10
GregGrunig,ProcurementLeadAnalyst CarolJackson,ProcurementAnalyst Craig West,ProcurementAnalyst Nick Scholer,ProcurementAnalyst SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipmentwithRelatedAccessoriesandSuppliesRFP#101221 ProposalEvaluation
EXHIBIT 3
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COMM
ENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) #101221
Entitled
Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies
The following advertisement was placed August 24, 2021 in USA Today, in South Carolina’s The State, in The Oklahoman and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, and August 25, 2021 in Oregon’s Daily Journal of Commerce:
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies to result in a contracting solution for use by its Participating Entities.
Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than October 12, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal:
AAA EQUIPMENT LMT, Inc.
Accuworx, Inc. Manufacturers Solutions Team
Alegna Technologies, Inc. Melanite Group, Ltd.
Aries Industries, Inc. Park Pumps & Controls
Axis Vac and Hdd Services, Ltd. Regina Construction Association Badger Daylighting, LP, by its GP Badger
Infrastructure Solutions, Ltd. Ring-O-Matic, Inc.
Bucher Municipal North America Sewer Equipment Co. of America Cordy Environmental, Inc. Stepp Manufacturing Company, Inc.
CUES, Inc. Stetco Group, LLC
Deep Trekker Super Products LLC
DuCo, LLC (Vac-Con, Inc.) Texas Underground, Inc. dba Pipehunter, Inc.
EXHIBIT 3
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Sourcewell Page 2 of 5
Elgin Sweeper Co. (Vactor Manufacturing, a
Division of Federal Signal) The Blue Book Network
GapVax Inc.
Thompson Pump and Manufacturing Company,
Inc.
Garsite Progress, LLC Visual Imaging Resources, LLC dba VIR Proteus GFL Environmental, Inc. Wachs Utility Products
Gradall Industries, Inc. WASTEWATER SOLUTIONS, LLC
Holland Pump Company Westcan Vac Services, Inc.
Hotsy of Oklahoma Westvac Industrial, Ltd.
Hurco Technologies, Inc. Xylem, Inc.
KAISER PREMIER, LLC
All Pro
posals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on October 12, 2021, at 4:32:20 pm CT. Proposals were received from the following:
Aries Industries, Inc.
Badger Daylighting, LP, by its General Partner Badger Infrastructure Solutions, Ltd.
CUES, Inc.
Deep Trekker
DuCo, LLC (Vac-Con, Inc.)
Elgin Sweeper Co. (Vactor Manufacturing, a Division of Federal Signal) GapVax Inc.
Garsite Progress, LLC
Gradall Industries, Inc.
Holland Pump Company
Hurco Technologies, Inc.
KAISER PREMIER, LLC
Park Pumps & Controls
Ring-O-Matic, Inc.
Sewer Equipment Co. of America
Stetco Group, LLC
Super Products LLC
Texas Underground, Inc., dba Pipehunter, Inc.
Thompson Pump and Manufacturing Company, Inc.
Visual Imaging Resources, LLC dba VIR Proteus
Wachs Utility Products (Illinois Tool Works)
WASTEWATER SOLUTIONS, LLC
Proposals were reviewed by the Proposal Evaluation Committee:
Greg Grunig, Procurement Lead Analyst
Carol Jackson, Procurement Analyst
Craig West, Procurement Analyst
Nick Scholer, Procurement Analyst
EXHIBIT 3
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Sourcewell Page 3 of 5
The findings of the Proposal Evaluation Committee are summarized as follows:
The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that the products and services offered in the proposal response from Aries Industries, Inc., Badger Daylighting, LP, CUES, Inc., Deep Trekker, Visual Imaging Resources, LLC, and WasteWater Solutions, LLC, fall outside of the Requested Equipment, Products, or Services of the RFP. All other proposals were found to meet the scope and mandatory submittal requirements and were evaluated.
GapVax Inc. offers varying solutions including sewer vacuums, excavation equipment and jetter/rodders. Their ECO series operates at lower RPMs to reduce noise exposure for the operator. The GapVax dealer network and service centers will serve Sourcewell participating entities throughout the United States and Canada. They are providing sizeable discounts from MSRP on their products.
Gradall Industries, Inc., manufactures numerous sewer vacuum, excavator and jetter units. Their integrated electronic system allows the units to be more efficient and easier to control. Gradall’s dealers are ready to serve Sourcewell participating entities throughout the United States and Canada. They are offering competitively discounted pricing in their proposal.
Holland Pump Company offers a strong selection of dewatering, mud, trash, and centrifugal pumps. Holland Pump will serve Sourcewell participating entities throughout the United States and Canada with their dealer service model. Their pricing proposal includes solid discounts on their equipment and products, with an available two- year limited warranty.
Ring-O-Matic, Inc., produces a wide range of hydro-excavation equipment, pumps, and jetter and rodders along with supplies, and replacement parts to enhance their equipment. Their coverage of the United States and Canada allows ready access to their equipment and services. Ring-O-Matic pricing reflects a considerable discount from MSRP for Sourcewell participating entities.
Sewer Equipment Co. of America manufactures a wide range of hydro-excavation equipment of various sizes. The HydroDrive system incorporates enhanced safety features, while also reducing noise pollution. The Sewer Equipment Co. of America dealer network offers sales and service across the United States and Canada. They are offering Sourcewell participating entities a range of percentage discounts from MSRP pricing.
Super Products LLC offers a large selection of sewer vacuums, hydro excavators, and jetters and rodders along with accessories. They offer eject unloading on some of their units which increases operator safety and mitigates the spillage of water during the unloading phase. Super Products has a dealer network and eight factory service centers to serve Sourcewell participating entities across the United States and Canada. They are offering solid discounts on their product lines.
Thompson Pump and Manufacturing Company, Inc., offers a substantial pump offering. Their dealer network covering the United States and Canada offers sales and service support to Sourcewell participating entities. Their self-priming pumps allow for the reduction of spills and conservation of fluids. They are providing sizeable discounts on their products and equipment.
Vac-Con, Inc., manufactures jet and vacuum machines in a variety of unit configurations and feature combinations, with a large catalog of supplies and accessories. Their Aeroboost fan both lowers noise emissions and reduces water requirements without affecting power output. The Vac-Con dealers are ready to serve
EXHIBIT 3
436
Sourcewell Page 4 of 5
Sourcewell participating entities throughout the United States and Canada. They are offering competitively discounted pricing by category or model.
Vactor Manufacturing offers a large selection of sewer cleaners, excavation units, and jetters of various sizes.
Their dealer network covers the United States and Canada to provide sales and service support for Sourcewell participating entities. Certain equipment models feature a water-recycling feature allowing them to reduce water needs in the cleaning process. Vactor pricing reflects solid discounts from list pricing on equipment and competitive pricing for rental units.
For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #101221 to:
GapVax Inc. #101221-GPV
Gradall Industries, Inc. #101221-GRD
Holland Pump Company #101221-HLD
Ring-O-Matic, Inc. #101221-RGO
Sewer Equipment Co. of America #101221-SCA
Super Products LLC #101221-SPL
Thompson Pump and Manufacturing Company, Inc. #101221-TPM Vac-Con, Inc. #101221-VAC
Vactor Manufacturing #101221-VTR
The preceding recommendations were approved on November 18, 2021. _________________________________
Greg Grunig, Procurement Lead Analyst
_________________________________
Carol Jackson, Procurement Analyst
_________________________________
Craig West, Procurement Analyst
_________________________________
Nick Scholer, Procurement Analyst
EXHIBIT 3
437
Sourcewell Page 5 of 5
STATEMENT OF COMPLIANCE
As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #101221 for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies.
The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved.
I hereby certify:
1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts.
2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy.
Jeremy Schwartz, CSSBB, CPPO
Chief Procurement Officer
EXHIBIT 3
438
SOU
RCEWELL
ST
ATE OF MINNESOTA
Member______________ moved the adoption of the following Resolution:
RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES Resolution No. 2021-16
WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation, for the categories listed on Appendix A, which is attached and incorporated.
WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above.
NOW THEREFORE BE IT RESOLVED that the Board of Directors hereb y approves the solicitation of categories.
The m
otion for the adoption of the foregoing reso lution was duly seconded by Member ______________ and the following voted in favor: (list names here)
and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted.
ATTEST:
_________________________________
Clerk to the Board of Directors
EXHIBIT 3
439
APPENDIXA
SOURCEWELLPROCUREMENTDEPARTMENT
BOARDITEMSͲJuly2021
NEWCONTRACTS
SupplierName ContractNumber SolicitationTitle
Ecopest,Inc. 042821ͲECO "PestManagementServiceswithRelatedProducts" Orkin,LLC 042821ͲORK "PestManagementServiceswithRelatedProducts" IcomAmerica,Inc. 042021ͲICM "PublicSafetyCommunicationsTechnologyandHardwareSolutions" IPAccessInternational 042021ͲIAC "PublicSafetyCommunicationsTechnologyandHardwareSolutions" L3HarrisTechnologies,Inc. 042021ͲL3H "PublicSafetyCommunicationsTechnologyandHardwareSolutions" MotorolaSolutions,Inc. 042021ͲMOT "PublicSafetyCommunicationsTechnologyandHardwareSolutions" PURVISSystems,Incorporated 042021ͲPUR "PublicSafetyCommunicationsTechnologyandHardwareSolutions" RadioMobile,Inc. 042021ͲRDO "PublicSafetyCommunicationsTechnologyandHardwareSolutions" Westnet,Inc. 042021ͲWNT "PublicSafetyCommunicationsTechnologyandHardwareSolutions" Zetron,Inc. 042021ͲZET "PublicSafetyCommunicationsTechnologyandHardwareSolutions" CONTRACTEXTENSIONS
SupplierName ContractNumber SolicitationTitle
HiͲLiteAirfieldServices,LLC 062817ͲHLA "AirportConsumableProductswithRelatedSuppliesandServices" NEWezIQCCONTRACTS
CompanyName ContractNumber StateͲRegionͲTypeofWork Step1Enterprises,LLC MDͲR1ͲGC01Ͳ052621ͲS1E StateofMarylandͲRegion1ͲGeneralConstruction F.H.Paschen MDͲR1ͲGC02Ͳ052621ͲFHP StateofMarylandͲRegion1ͲGeneralConstruction CentennialContractorsEnterprises MDͲR1ͲGC03Ͳ052621ͲCCE StateofMarylandͲRegion1ͲGeneralConstruction JohnsonͲLauxConstruction MDͲR1ͲGC04Ͳ052621ͲJLC StateofMarylandͲRegion1ͲGeneralConstruction BethelElectricConstructionCompanyof
Maryland,LLC MDͲR1ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion1ͲElectricalConstruction SkylineRoofing,Inc. MDͲR1ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion1ͲRoofing/WaterproofingConstruction VigilContracting,Inc. MDͲR2ͲGC01Ͳ052621ͲVGL StateofMarylandͲRegion2ͲGeneralConstruction KellerBrothers,Inc. MDͲR2ͲGC02Ͳ052621ͲKBI StateofMarylandͲRegion2ͲGeneralConstruction SͲWorksConstructionCorporation MDͲR2ͲGC03Ͳ052621ͲSWC StateofMarylandͲRegion2ͲGeneralConstruction TheMatthewsGroup,Inc. MDͲR2ͲGC04Ͳ052621ͲTMG StateofMarylandͲRegion2ͲGeneralConstruction VigilContracting,Inc. MDͲR2ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion2ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc. MDͲR2ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion2ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof
Maryland,LLC MDͲR2ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion2ͲElectricalConstruction VigilContracting,Inc. MDͲR2ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion2ͲElectricalConstruction SkylineRoofing,Inc. MDͲR2ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion2ͲRoofing/WaterproofingConstruction NicholsContracting,Inc. MDͲR3ͲGC01Ͳ052621ͲNIC StateofMarylandͲRegion3ͲGeneralConstruction CentennialContractorsEnterprises MDͲR3ͲGC02Ͳ052621ͲCCE StateofMarylandͲRegion3ͲGeneralConstruction Paige Industrial Services, Inc, MDͲR3ͲGC03Ͳ052621ͲPAI StateofMarylandͲRegion3ͲGeneralConstruction VigilContracting,Inc. MDͲR3ͲGC04Ͳ052621ͲVGL StateofMarylandͲRegion3ͲGeneralConstruction VigilContracting,Inc. MDͲR3ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion3ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc. MDͲR3ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion3ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof
Maryland,LLC MDͲR3ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion3ͲElectricalConstruction PaigeIndustrialServices,Inc. MDͲR3ͲE02Ͳ052621ͲPAI StateofMarylandͲRegion3ͲElectricalConstruction SkylineRoofing,Inc. MDͲR3ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion3ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc. MDͲR3ͲRW02Ͳ052621ͲPAI StateofMarylandͲRegion3ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc. MDͲR3ͲPAC01Ͳ052621ͲPAI StateofMarylandͲRegion3ͲPaving/Concrete/AsphaltConstruction VigilContracting,Inc. MDͲR4ͲGC01Ͳ052621ͲVGL StateofMarylandͲRegion4ͲGeneralConstruction CONSENTAGENDAITEMS
StreetSweeperswithRelatedAccessories
TeleͲTherapyServices
RequestingBoardpermissiontoReͲSolicitthefollowingcategories:
RequestingBoardpermissiontoSolicitthefollowingcategories:
SewerVacuumandHydroͲExcavationTruckswithRelatedAccessories
EXHIBIT 3
440
APPENDIXAContinued
CentennialContractorsEnterprises MDͲR4ͲGC02Ͳ052621ͲCCE StateofMarylandͲRegion4ͲGeneralConstruction KellerBrothers,Inc. MDͲR4ͲGC03Ͳ052621ͲKBI StateofMarylandͲRegion4ͲGeneralConstruction SͲWorksConstructionCorporation MDͲR4ͲGC04Ͳ052621ͲSWC StateofMarylandͲRegion4ͲGeneralConstruction VigilContracting,Inc. MDͲR4ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion4ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc. MDͲR4ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion4ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof
Maryland,LLC MDͲR4ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion4ͲElectricalConstruction VigilContracting,Inc. MDͲR4ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion4ͲElectricalConstruction NicholsContracting,Inc. MDͲR5ͲGC01Ͳ052621ͲNIC StateofMarylandͲRegion5ͲGeneralConstruction VigilContracting,Inc. MDͲR5ͲGC02Ͳ052621ͲVGL StateofMarylandͲRegion5ͲGeneralConstruction PaigeIndustrialServices,Inc, MDͲR5ͲGC03Ͳ052621ͲPAI StateofMarylandͲRegion5ͲGeneralConstruction CentennialContractorsEnterprises MDͲR5ͲGC04Ͳ052621ͲCCE StateofMarylandͲRegion5ͲGeneralConstruction VigilContracting,Inc. MDͲR5ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion5ͲHVAC/MechanicalConstruction AdrianL.Merton,Inc. MDͲR5ͲHVAC02Ͳ052621ͲALM StateofMarylandͲRegion5ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof
Maryland,LLC MDͲR5ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion5ͲElectricalConstruction VigilContracting,Inc. MDͲR5ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion5ͲElectricalConstruction SkylineRoofing,Inc. MDͲR5ͲRW01Ͳ052621ͲSKY StateofMarylandͲRegion5ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc. MDͲR5ͲRW02Ͳ052621ͲPAI StateofMarylandͲRegion5ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc. MDͲR5ͲPAC02Ͳ052621ͲPAI StateofMarylandͲRegion5ͲPaving/Concrete/AsphaltConstruction VigilContracting,Inc. MDͲR6ͲGC01Ͳ052621ͲVGL StateofMarylandͲRegion6ͲGeneralConstruction KellerBrothers,Inc. MDͲR6ͲGC02Ͳ052621ͲKBI StateofMarylandͲRegion6ͲGeneralConstruction PaigeIndustrialServices,Inc. MDͲR6ͲGC03Ͳ052621ͲPAI StateofMarylandͲRegion6ͲGeneralConstruction CentennialContractorsEnterprises MDͲR6ͲGC04Ͳ052621ͲCCE StateofMarylandͲRegion6ͲGeneralConstruction VigilContracting,Inc. MDͲR6ͲHVAC01Ͳ052621ͲVGL StateofMarylandͲRegion6ͲHVAC/MechanicalConstruction PaigeIndustrialServices,Inc. MDͲR6ͲHVAC02Ͳ052621ͲPAI StateofMarylandͲRegion6ͲHVAC/MechanicalConstruction BethelElectricConstructionCompanyof
Maryland,LLC MDͲR6ͲE01Ͳ052621ͲBEC StateofMarylandͲRegion6ͲElectricalConstruction VigilContracting,Inc. MDͲR6ͲE02Ͳ052621ͲVGL StateofMarylandͲRegion6ͲElectricalConstruction PaigeIndustrialServices,Inc. MDͲR6ͲRW02Ͳ052621ͲPAI StateofMarylandͲRegion6ͲRoofing/WaterproofingConstruction PaigeIndustrialServices,Inc. MDͲR6ͲPAC02Ͳ052621ͲPAI StateofMarylandͲRegion6ͲPaving/Concrete/AsphaltConstruction ezIQCRENEWALS
CompanyName ContractNumber
I.B.Abel,Inc. MDͲWMAͲE01Ͳ042419ͲIBA
FHPTectonicsCorp. MDͲWMAͲGC01Ͳ042419ͲFTC
HiteRoofing MDͲWMAͲR02Ͳ042419ͲHAS
TheMatthewsGroup MDͲWMAͲGC02Ͳ042419ͲTMG
CarlBelt,Inc. MDͲWMAͲGC03Ͳ042419ͲCBI
S&SElectricCo MDͲWMAͲE02Ͳ042419ͲSSE
F.H.Paschen,S.N.Nielsen&Associates,LLC MI ͲDETͲGCͲBͲ050118ͲFHP MarshallContractingServices MIͲLANͲCͲAͲ050118ͲMCS
MarshallContractingServices MIͲLANͲWSUIͲAͲ050118ͲMCS
AlliedBuildingServiceCompanyofDetroit,Inc. MIͲLANͲEͲAͲ050118 ͲABS F.H.Paschen,S.N.Nielsen&Associates,LLC MI ͲGRPͲGCͲBͲ050118ͲFHP AlliedBuildingServiceCompanyofDetroit,Inc. MIͲLANͲGCͲCͲ050118 ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲDET ͲHVACͲAͲ050118ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲ DETͲGCͲCͲ050118ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲDET ͲEͲAͲ050118ͲABS MarshallContractingServices MIͲDETͲGCͲAͲ050118ͲMCS
AlliedBuildingServiceCompanyofDetroit,Inc. MIͲLANͲHVACͲAͲ050118 ͲABS MarshallContractingServices MIͲDETͲWSUIͲAͲ050118ͲMCS
MarshallContractingServices MIͲDETͲDEMͲAͲ050118ͲMCS
BloomRoofingSystems,Inc. MIͲLANͲRͲAͲ050118ͲBRS
MarshallContractingServices MIͲDETͲCͲAͲ050118ͲMCS
F.H.Paschen,S.N.Nielsen&Associates,LLC MI ͲLANͲGCͲAͲ050118ͲFHP AlliedBuildingServiceCompanyofDetroit,Inc. MIͲGRPͲGCͲCͲ050118 ͲABS BloomRoofingSystems,Inc. MIͲGRPͲRͲAͲ050118ͲBRS
MarshallContractingServices MIͲLANͲGCͲBͲ050118ͲMCS
EXHIBIT 3
441
APPENDIXAContinued
AlliedBuildingServiceCompanyofDetroit,Inc. MIͲGRPͲEͲAͲ050118 ͲABS AlliedBuildingServiceCompanyofDetroit,Inc. MIͲGRP ͲHVACͲAͲ050118ͲABS BloomRoofingSystems,Inc. MIͲDETͲRͲAͲ050118ͲBRS
PELConstructionLLC MIͲGRPͲGCͲAͲ050118ͲPGC
WesfieldConstructionCo.Inc. NHͲGMVRͲGCͲAͲ061218ͲWCC
Jordy&Company COͲGC02Ͳ050219ͲJOR
Happel&Associates,Inc. COͲGC01Ͳ050219ͲHAI
TritonServices,Inc. KYͲNCͲHVAC01Ͳ062420ͲTRS
TheLuskGroup KYͲNCͲGC05Ͳ062420ͲLMC
TheLuskGroup KYͲEͲGC03Ͳ062420ͲLMC
TritonServices,Inc. KYͲNCͲGC01Ͳ062420ͲTRS
F.H.Paschen,S.N.Nielsen&Associates,LLC KY ͲNCͲGC04Ͳ062420ͲFHP F.H.Paschen,S.N.Nielsen&Associates,LLC KY ͲWͲGC02Ͳ062420ͲFHP F.H.Paschen,S.N.Nielsen&Associates,LLC KY ͲEͲGC02Ͳ062420ͲFHP TectaAmericaCorp KYͲNCͲRW02Ͳ062420ͲTEA
TectaAmericaCorp KYͲEͲRW02Ͳ062420ͲTEA
TheLuskGroup KYͲNCͲRW01Ͳ062420ͲLMC
TheLuskGroup KYͲWͲGC03Ͳ062420ͲLMC
TheLuskGroup KYͲEͲHVAC01Ͳ062420ͲLMC
TheLuskGroup KYͲEͲE02Ͳ062420ͲLMC
PlaceServices,Inc. KYͲWͲE01Ͳ062420ͲPLS
PlaceServices,Inc. KYͲWͲGC01Ͳ062420ͲPLS
PlaceServices,Inc. KYͲEͲE01Ͳ062420ͲPLS
TheLuskGroup KYͲWͲHVAC01Ͳ062420ͲLMC
TheLuskGroup KYͲNCͲE02Ͳ062420ͲLMC
TheLuskGroup KYͲWͲRW01Ͳ062420ͲLMC
CalhounConstructionServices KYͲNCͲGC02Ͳ062420ͲCAC
TheLuskGroup KYͲWͲE02Ͳ062420ͲLMC
TectaAmericaCorp KYͲWͲRW02Ͳ062420ͲTEA
PlaceServices,Inc. KYͲNCͲGC03Ͳ062420ͲPLS
PlaceServices,Inc. KYͲNCͲE01Ͳ062420ͲPLS
PlaceServices,Inc. KYͲEͲGC01Ͳ062420ͲPLS
TheLuskGroup KYͲEͲRW01Ͳ062420ͲLMC
TheLuskGroup KYͲNCͲHVAC02Ͳ062420ͲLMC
ACCOEngineeredSystems,Inc. CAͲRENͲCIRͲM01Ͳ062718ͲAES EnterpriseElectricDatacom CAͲCRͲE01Ͳ062718ͲEED
ExpressEnergyServices,Inc. CARENͲSIRͲGL01Ͳ062718ͲEES ACCOEngineeredSystems,Inc. CAͲRENͲSIRͲM01Ͳ062718ͲAES HorizonsConstructionCo.Int'l,Inc CAͲCRͲGB01Ͳ062718ͲHCC VincorConstruction,Inc. CAͲCRͲGB02Ͳ062718ͲVCI
ACCOEngineeredSystems,Inc. CAͲCRͲM01Ͳ062718ͲAES
ExpressEnergyServices,Inc. CARENͲSCRͲGL01Ͳ062718ͲEES ACCOEngineeredSystems,Inc. CAͲRENͲSCRͲM01Ͳ062718ͲAES Brown&Root MO01AͲ071117ͲBRI
VazquezCommercialContracting,LLC MO01B Ͳ071117ͲVCC
TheWilsonGroup MO01CͲ071117ͲTWG
ReasbeckConstruction,Inc. MO02AͲ071117ͲRCI
Brown&Root MO02BͲ071117ͲBRI
TheWilsonGroup MO02CͲ071117ͲTWG
Brown&Root MO03BͲ071117ͲBRI
VazquezCommercialContracting,LLC MO03C Ͳ071117ͲVCC
ezIQCCONTRACTEXTENSIONS
CompanyName ContractNumber
EXHIBIT 3
442
SOU
RCEWELL
STATE OF MINNESOTA
Member ____________ moved the adoption of the following Resolution:
RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS
12/21/2021
Resolution No. 2021-29
WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and WHEREAS , through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; and
WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; and
WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members’ legal requirements the Chief Procurement Official is required to seek subsequent Board ratification of all cooperative purchasing awards.
NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A.
The motion for the adoption of the foregoing resol ution was duly seconded by Member______________ and the following voted in favor: (list names here)
and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted.
ATTEST:
_________________________________
Clerk to the Board of Directors
EXHIBIT 3
443
APPENDIXA
SOURCEWELLPROCUREMENTDEPARTMENT
BOARDITEMSͲDecember2021
NEWCONTRACTS
SupplierName ContractNumber SolicitationTitle
ASHNorthAmerica,Inc. 093021ͲAEB
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
BucherMunicipalNorthAmerica 093021ͲBUC
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
Curbtender,Inc. 093021ͲCRB
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
ElginSweeperCompany 093021ͲELG
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
Exprolink,Inc. 093021ͲEXP
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
FAYATEnvironmentalSolutionsAmericas 093021ͲFAY
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
GlobalEnvironmentalProducts,Inc. 093021ͲGEP
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
SchwarzeIndustries,Inc. 093021ͲSWZ
"StreetSweepersandSpecialtySweepers,withRelatedEquipment, AccessoriesandSupplies"
GapVax,Inc. 101221Ͳ
GPV
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
GradallIndustries,Inc. 101221ͲGRD
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
HollandPumpCompany 101221Ͳ HLD
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
RingͲOͲMatic,Inc. 101221ͲRGO
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
SewerEquipmentCompanyofAmerica 101221ͲSCA
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
SuperProducts,LLC 101221ͲSPL
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
ThompsonPumpandManufacturingCompany 101221Ͳ
TPM
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
VacͲCon,Inc. 101221ͲVAC
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
VactorManufacturing 101221 ͲVTR
"SewerVacuum,HydroͲExcavation,andMunicipalPumpingEquipment withRelatedAccessoriesandSupplies"
CONTRACTEXTENSIONS
SupplierName ContractNumber SolicitationTitle
NEWezIQCCONTRACTS
CompanyName ContractNumber StateͲRegionͲTypeofWork JeweloftheSouth,Inc. FLͲR1ͲGC01Ͳ111821ͲJOS Region1ͲNorthwestFloridaͲGeneralConstruction F.H.Paschen FLͲR1ͲGC02Ͳ111821ͲFHP Region1ͲNorthwestFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR1ͲGC03Ͳ111821ͲPLA Region1ͲNorthwestFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR1ͲGC04Ͳ111821ͲLRI Region1ͲNorthwestFloridaͲGeneralConstruction NicholsContracting,Inc. FLͲR1ͲGC05Ͳ111821ͲNIC Region1ͲNorthwestFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR1ͲGC06Ͳ111821ͲJLC Region1ͲNorthwestFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR1ͲGC07Ͳ111821ͲADR Region1ͲNorthwestFloridaͲGeneralConstruction CONSENTAGENDAITEMS
ArtificialTurf,TrackswithInstallation,andRelatedEquipment,Materials,andSupplies RequestingBoardpermissiontoReͲSolicitthefollowingcategories:
RequestingBoardpermissiontoSolicitthefollowingcategories:
AthleticSurfaceswithInstallation,andRelatedEquipment,Materials,andServices
EXHIBIT 3
444
APPENDIXAContinued
RAMConstruction&Development,LLC FLͲR1ͲGC08Ͳ111821ͲRAM Region1ͲNorthwestFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc. FLͲR1ͲHVAC01Ͳ111821ͲMPM Region1ͲNorthwestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR1ͲHVAC02Ͳ111821ͲADR Region1ͲNorthwestFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR1ͲHVAC03Ͳ111821ͲMSF Region1ͲNorthwestFloridaͲHVAC/Mechanical NicholsContracting,Inc. FLͲR1ͲE01Ͳ111821ͲNIC Region1ͲNorthwestFloridaͲElectrical AdvancedRoofing,Inc. FLͲR1ͲE02Ͳ111821ͲADR Region1ͲNorthwestFloridaͲElectrical AdvancedRoofing,Inc. FLͲR1ͲRW01Ͳ111821ͲADR Region1ͲNorthwestFloridaͲRoofing/Waterproofing AstraConstructionServices,LLC FLͲR1ͲPAC01Ͳ111821ͲACS Region1ͲNorthwestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR1ͲPAC02Ͳ111821ͲDMS Region1ͲNorthwestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR1ͲCC01Ͳ111821ͲDMS Region1ͲNorthwestFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR1ͲCC02Ͳ111821ͲACS Region1ͲNorthwestFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR1ͲCC03Ͳ111821ͲAME Region1ͲNorthwestFloridaͲCivilConstruction JeweloftheSouth,Inc. FLͲR2ͲGC01Ͳ111821ͲJOS Region2ͲNorthCentralWestFloridaͲGeneralConstruction F.H.Paschen FLͲR2ͲGC02Ͳ111821ͲFHP Region2ͲNorthCentralWestFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR2ͲGC03Ͳ111821ͲPLA Region2ͲNorthCentralWestFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR2ͲGC04Ͳ111821ͲLRI Region2ͲNorthCentralWestFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR2ͲGC05Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR2ͲGC06Ͳ111821ͲJLC Region2ͲNorthCentralWestFloridaͲGeneralConstruction RAMConstruction&Development,LLC FLͲR2ͲGC07Ͳ111821ͲRAM Region2ͲNorthCentralWestFloridaͲGeneralConstruction HCRConstruction,Inc. FLͲR2ͲGC08Ͳ111821ͲHCR Region2ͲNorthCentralWestFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc. FLͲR2ͲHVAC01Ͳ111821ͲMPM Region2ͲNorthCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR2ͲHVAC02Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR2ͲHVAC03Ͳ111821ͲMSF Region2ͲNorthCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR2ͲE01Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc. FLͲR2ͲE02Ͳ111821ͲIFS Region2ͲNorthCentralWestFloridaͲElectrical AdvancedRoofing,Inc. FLͲR2ͲRW01Ͳ111821ͲADR Region2ͲNorthCentralWestFloridaͲRoofing/Waterproofing AmiciEngineeringContractors FLͲR2ͲPAC03Ͳ111821ͲAME Region2ͲNorthCentralWestFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR2ͲPAC02Ͳ111821ͲACS Region2ͲNorthCentralWestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR2ͲPAC03Ͳ111821ͲDMS Region2ͲNorthCentralWestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR2ͲCC01Ͳ111821ͲDMS Region2ͲNorthCentralWestFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR2ͲCC02Ͳ111821ͲACS Region2ͲNorthCentralWestFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR2ͲCC03Ͳ111821ͲAME Region2ͲNorthCentralWestFloridaͲCivilConstruction JeweloftheSouth,Inc. FLͲR3ͲGC01Ͳ111821ͲJOS Region3ͲNorthCentralEastFloridaͲGeneralConstruction F.H.Paschen FLͲR3ͲGC02Ͳ111821ͲFHP Region3ͲNorthCentralEastFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR3ͲGC03Ͳ111821ͲPLA Region3ͲNorthCentralEastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR3ͲGC04Ͳ111821ͲLRI Region3ͲNorthCentralEastFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR3ͲGC05Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR3ͲGC06Ͳ111821ͲJLC Region3ͲNorthCentralEastFloridaͲGeneralConstruction RAMConstruction&Development,LLC FLͲR3ͲGC07Ͳ111821ͲRAM Region3ͲNorthCentralEastFloridaͲGeneralConstruction HCRConstruction,Inc. FLͲR3ͲGC08Ͳ111821ͲHCR Region3ͲNorthCentralEastFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc. FLͲR3ͲHVAC01Ͳ111821ͲMPM Region3ͲNorthCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR3ͲHVAC02Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR3ͲHVAC03Ͳ111821ͲMSF Region3ͲNorthCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR3ͲE01Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲElectrical AdvancedRoofing,Inc. FLͲR3ͲRW02Ͳ111821ͲADR Region3ͲNorthCentralEastFloridaͲRoofing/Waterproofing AstraConstructionServices,LLC FLͲR3ͲPAC01Ͳ111821ͲACS Region3ͲNorthCentralEastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR3ͲPAC02Ͳ111821ͲDMS Region3ͲNorthCentralEastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR3ͲPAC03Ͳ111821ͲAME Region3ͲNorthCentralEastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR3ͲCC01Ͳ111821ͲDMS Region3ͲNorthCentralEastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR3ͲCC02Ͳ111821ͲACS Region3ͲNorthCentralEastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR3ͲCC03Ͳ111821ͲAME Region3ͲNorthCentralEastFloridaͲCivilConstruction JeweloftheSouth,Inc. FLͲR4ͲGC01Ͳ111821ͲJOS Region4ͲNortheastFloridaͲGeneralConstruction F.H.Paschen FLͲR4ͲGC02Ͳ111821ͲFHP Region4ͲNortheastFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR4ͲGC03Ͳ111821ͲPLA Region4ͲNortheastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR4ͲGC04Ͳ111821ͲLRI Region4ͲNortheastFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR4ͲGC05Ͳ111821ͲADR Region4ͲNortheastFloridaͲGeneralConstruction NicholsContracting,Inc. FLͲR4ͲGC06Ͳ111821ͲNIC Region4ͲNortheastFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR4ͲGC07Ͳ111821ͲJLC Region4ͲNortheastFloridaͲGeneralConstruction DavidMancini&Sons,Inc. FLͲR4ͲGC08Ͳ111821ͲDMS Region4ͲNortheastFloridaͲGeneralConstruction HCRConstruction,Inc. FLͲR4ͲGC09Ͳ111821ͲHCR Region4ͲNortheastFloridaͲGeneralConstruction AstraConstructionServices,LLC FLͲR4ͲGC10Ͳ111821ͲACS Region4ͲNortheastFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc. FLͲR4ͲHVAC01Ͳ111821ͲMPM Region4ͲNortheastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR4ͲHVAC02Ͳ111821ͲADR Region4ͲNortheastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR4ͲHVAC03Ͳ111821ͲMSF Region4ͲNortheastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR4ͲE01Ͳ111821ͲADR Region4ͲNortheastFloridaͲElectrical
EXHIBIT 3
445
APPENDIXAContinued
NicholsContracting,Inc. FLͲR4ͲE02Ͳ111821ͲNIC Region4ͲNortheastFloridaͲElectrical AdvancedRoofing,Inc. FLͲR4ͲRW01Ͳ111821ͲADR Region4ͲNortheastFloridaͲRoofing/Waterproofing AmiciEngineeringContractors FLͲR4ͲPAC01Ͳ111821ͲAME Region4ͲNortheastFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR4ͲPAC02Ͳ111821ͲACS Region4ͲNortheastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR4ͲPAC03Ͳ111821ͲDMS Region4ͲNortheastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR4ͲCC01Ͳ111821ͲAME Region4ͲNortheastFloridaͲCivilConstruction DavidMancini&Sons,Inc. FLͲR4ͲCC02Ͳ111821ͲDMS Region4ͲNortheastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR4ͲCC03Ͳ111821ͲACS Region4ͲNortheastFloridaͲCivilConstruction JeweloftheSouth,Inc. FLͲR5ͲGC01Ͳ111821ͲJOS Region5ͲCentralWestFloridaͲGeneralConstruction F.H.Paschen FLͲR5ͲGC02Ͳ111821ͲFHP Region5ͲCentralWestFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR5ͲGC03Ͳ111821ͲPLA Region5ͲCentralWestFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR5ͲGC04Ͳ111821ͲLRI Region5ͲCentralWestFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR5ͲGC05Ͳ111821ͲADR Region5ͲCentralWestFloridaͲGeneralConstruction NicholsContracting,Inc. FLͲR5ͲGC06Ͳ111821ͲNIC Region5ͲCentralWestFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR5ͲGC07Ͳ111821ͲJLC Region5ͲCentralWestFloridaͲGeneralConstruction DavidMancini&Sons,Inc. FLͲR5ͲGC08Ͳ111821ͲDMS Region5ͲCentralWestFloridaͲGeneralConstruction MillersPlumbing&Mechanical,Inc. FLͲR5ͲHVAC01Ͳ111821ͲMPM Region5ͲCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR5ͲHVAC02Ͳ111821ͲADR Region5ͲCentralWestFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR5ͲHVAC03Ͳ111821ͲMSF Region5ͲCentralWestFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR5ͲE01Ͳ111821ͲADR Region5ͲCentralWestFloridaͲElectrical NicholsContractingInc FLͲR5ͲE02Ͳ111821ͲNIC Region5ͲCentralWestFloridaͲElectrical AdvancedRoofing,Inc. FLͲR5ͲRW01Ͳ111821ͲADR Region5ͲCentralWestFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc. FLͲR5ͲPAC01Ͳ111821ͲDMS Region5ͲCentralWestFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR5ͲPAC02Ͳ111821ͲACS Region5ͲCentralWestFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR5ͲPAC03Ͳ111821ͲAME Region5ͲCentralWestFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR5ͲCC01Ͳ111821ͲDMS Region5ͲCentralWestFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR5ͲCC02Ͳ111821ͲACS Region5ͲCentralWestFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR5ͲCC03Ͳ111821ͲAME Region5ͲCentralWestFloridaͲCivilConstruction JeweloftheSouth,Inc. FLͲR6ͲGC01Ͳ111821ͲJOS Region6ͲCentralFloridaͲGeneralConstruction F.H.Paschen FLͲR6ͲGC02Ͳ111821ͲFHP Region6ͲCentralFloridaͲGeneralConstruction ShiffConstruction&Development,Inc. FLͲR6ͲGC03Ͳ111821ͲSCD Region6ͲCentralFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR6ͲGC04Ͳ111821ͲADR Region6ͲCentralFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR6ͲGC05Ͳ111821ͲLRI Region6ͲCentralFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR6ͲGC06Ͳ111821ͲPLA Region6ͲCentralFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR6ͲGC07Ͳ111821ͲCCE Region6ͲCentralFloridaͲGeneralConstruction OvationConstructionCompany FLͲR6ͲGC08Ͳ111821ͲOCC Region6ͲCentralFloridaͲGeneralConstruction HallMechanicalandAirConditioningLLC FLͲR6ͲHVAC01Ͳ111821ͲHMA Region6ͲCentralFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR6ͲHVAC02Ͳ111821ͲADR Region6ͲCentralFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR6ͲHVAC03Ͳ111821ͲMSF Region6ͲCentralFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR6ͲE01Ͳ111821ͲADR Region6ͲCentralFloridaͲElectrical NicholsContracting,Inc. FLͲR6ͲE02Ͳ111821ͲNIC Region6ͲCentralFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc. FLͲR6ͲE03Ͳ111821ͲIFS Region6ͲCentralFloridaͲElectrical AdvancedRoofing,Inc. FLͲR6ͲRW01Ͳ111821ͲADR Region6ͲCentralFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc. FLͲR6ͲPAC01Ͳ111821ͲDMS Region6ͲCentralFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR6ͲPAC02Ͳ111821ͲACS Region6ͲCentralFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR6ͲPAC03Ͳ111821ͲAME Region6ͲCentralFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR6ͲCC01Ͳ111821ͲDMS Region6ͲCentralFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR6ͲCC02Ͳ111821ͲACS Region6ͲCentralFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR6ͲCC03Ͳ111821ͲAME Region6ͲCentralFloridaͲCivilConstruction JeweloftheSouth,Inc. FLͲR7ͲGC01Ͳ111821ͲJOS Region7ͲCentralEastFloridaͲGeneralConstruction F.H.Paschen FLͲR7ͲGC02Ͳ111821ͲFHP Region7ͲCentralEastFloridaͲGeneralConstruction ShiffConstruction&Development,Inc. FLͲR7ͲGC03Ͳ111821ͲSCD Region7ͲCentralEastFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR7ͲGC04Ͳ111821ͲADR Region7ͲCentralEastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR7ͲGC05Ͳ111821ͲLRI Region7ͲCentralEastFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR7ͲGC06Ͳ111821ͲPLA Region7ͲCentralEastFloridaͲGeneralConstruction NicholsContracting,Inc. FLͲR7ͲGC07Ͳ111821ͲNIC Region7ͲCentralEastFloridaͲGeneralConstruction AmiciEngineeringContractors FLͲR7ͲGC08Ͳ111821ͲAME Region7ͲCentralEastFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR7ͲHVAC01Ͳ111821ͲHMA Region7ͲCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR7ͲHVAC02Ͳ111821ͲADR Region7ͲCentralEastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR7ͲHVAC03Ͳ111821ͲMSF Region7ͲCentralEastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR7ͲE01Ͳ111821ͲADR Region7ͲCentralEastFloridaͲElectrical NicholsContracting,Inc. FLͲR7ͲE02Ͳ111821ͲNIC Region7ͲCentralEastFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc. FLͲR7ͲE03Ͳ111821ͲIFS Region7ͲCentralEastFloridaͲElectrical AdvancedRoofing,Inc. FLͲR7ͲRW01Ͳ111821ͲADR Region7ͲCentralEastFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc. FLͲR7ͲPAC01Ͳ111821ͲDMS Region7ͲCentralEastFloridaͲPaving/Asphalt/Concrete
EXHIBIT 3
446
APPENDIXAContinued
AstraConstructionServices,LLC FLͲR7ͲPAC02Ͳ111821ͲACS Region7ͲCentralEastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR7ͲPAC03Ͳ111821ͲAME Region7ͲCentralEastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR7ͲCC01Ͳ111821ͲDMS Region7ͲCentralEastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR7ͲCC02Ͳ111821ͲACS Region7ͲCentralEastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR7ͲCC03Ͳ111821ͲAME Region7ͲCentralEastFloridaͲCivilConstruction HarbourConstruction,Inc. FLͲR8ͲGC01Ͳ111821ͲHBC Region8ͲNorthSuncoastFloridaͲGeneralConstruction JeweloftheSouth,Inc. FLͲR8ͲGC02Ͳ111821ͲJOC Region8ͲNorthSuncoastFloridaͲGeneralConstruction F.H.Paschen FLͲR8ͲGC03Ͳ111821ͲFHP Region8ͲNorthSuncoastFloridaͲGeneralConstruction ShiffConstruction&Development,Inc. FLͲR8ͲGC04Ͳ111821ͲSCD Region8ͲNorthSuncoastFloridaͲGeneralConstruction DavidMancini&Sons,Inc. FLͲR8ͲGC05Ͳ111821ͲDMS Region8ͲNorthSuncoastFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR8ͲGC06Ͳ111821ͲADR Region8ͲNorthSuncoastFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR8ͲGC07Ͳ111821ͲCCE Region8ͲNorthSuncoastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR8ͲGC08Ͳ111821ͲLRI Region8ͲNorthSuncoastFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR8ͲGC09Ͳ111821ͲPLA Region8ͲNorthSuncoastFloridaͲGeneralConstruction NicholsContracting,Inc. FLͲR8ͲGC10Ͳ111821ͲNIC Region8ͲNorthSuncoastFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR8ͲHVAC01Ͳ111821ͲHMA Region8ͲNorthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR8ͲHVAC02Ͳ111821ͲADR Region8ͲNorthSuncoastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR8ͲHVAC03Ͳ111821ͲMSF Region8ͲNorthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR8ͲE01Ͳ11182ͲADR Region8ͲNorthSuncoastFloridaͲElectrical NicholsContracting,Inc. FLͲR8ͲE02Ͳ111821ͲNIC Region8ͲNorthSuncoastFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc. FLͲR8ͲE03Ͳ111821ͲIFS Region8ͲNorthSuncoastFloridaͲElectrical AdvancedRoofing,Inc. FLͲR8ͲRW01Ͳ111821ͲADR Region8ͲNorthSuncoastFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc. FLͲR8ͲPAC01Ͳ111821ͲDMS Region8ͲNorthSuncoastFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR8ͲPAC02Ͳ111821ͲACS Region8ͲNorthSuncoastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR8ͲPAC04Ͳ111821ͲAME Region8ͲNorthSuncoastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR8ͲCC01Ͳ111821ͲDMS Region8ͲNorthSuncoastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR8ͲCC02Ͳ111821ͲACS Region8ͲNorthSuncoastFloridaͲCivilConstruction McKenzieContracting,LLC FLͲR8ͲCC03Ͳ111821ͲMCL Region8ͲNorthSuncoastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR8ͲCC04Ͳ111821ͲAME Region8ͲNorthSuncoastFloridaͲCivilConstruction ShiffConstruction&Development,Inc. FLͲR9ͲGC01Ͳ111821ͲSCD Region9ͲSouthSuncoastFloridaͲGeneralConstruction JeweloftheSouth,Inc. FLͲR9ͲGC02Ͳ111821ͲJOS Region9ͲSouthSuncoastFloridaͲGeneralConstruction F.H.Paschen FLͲR9ͲGC03Ͳ111821ͲFHP Region9ͲSouthSuncoastFloridaͲGeneralConstruction DavidMancini&Sons,Inc. FLͲR9ͲGC04Ͳ111821ͲDMS Region9ͲSouthSuncoastFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR9ͲGC05Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR9ͲGC06Ͳ111821ͲPLA Region9ͲSouthSuncoastFloridaͲGeneralConstruction JOCConstruction,LLC FLͲR9ͲGC07Ͳ111821ͲLRI Region9ͲSouthSuncoastFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR9ͲGC08Ͳ111821ͲCCE Region9ͲSouthSuncoastFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR9ͲHVAC01Ͳ111821ͲHMA Region9ͲSouthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR9ͲHVAC02Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲHVAC/Mechanical MechanicalServicesofCentralFlorida,Inc. FLͲR9ͲHVAC03Ͳ111821ͲMSF Region9ͲSouthSuncoastFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR9ͲE01Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲElectrical NicholsContracting,Inc. FLͲR9ͲE02Ͳ111821ͲNIC Region9ͲSouthSuncoastFloridaͲElectrical IntegratedFire&SecuritySolutions,Inc. FLͲR9ͲE03Ͳ111821ͲIFS Region9ͲSouthSuncoastFloridaͲElectrical AdvancedRoofing,Inc. FLͲR9ͲRW01Ͳ111821ͲADR Region9ͲSouthSuncoastFloridaͲRoofing/Waterproofing SalomonConstruction&Roofing FLͲR9ͲRW02Ͳ111821ͲSCR Region9ͲSouthSuncoastFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc. FLͲR9ͲPAC01Ͳ111821ͲDMS Region9ͲSouthSuncoastFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR9ͲPAC02Ͳ111821ͲACS Region9ͲSouthSuncoastFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR9ͲPAC03Ͳ111821ͲAME Region9ͲSouthSuncoastFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR9ͲCC01Ͳ111821ͲDMS Region9ͲSouthSuncoastFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR9ͲCC02Ͳ111821ͲACS Region9ͲSouthSuncoastFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR9ͲCC03Ͳ111821ͲAME Region9ͲSouthSuncoastFloridaͲCivilConstruction HarbourConstruction,Inc. FLͲR10ͲGC01Ͳ111821ͲHBC Region10ͲSouthernFloridaͲGeneralConstruction ShiffConstruction&Development,Inc. FLͲR10ͲGC02Ͳ111821ͲSCD Region10ͲSouthernFloridaͲGeneralConstruction TeamContracting,Inc. FLͲR10ͲGC03Ͳ111821ͲTCI Region10ͲSouthernFloridaͲGeneralConstruction DavidMancini&Sons,Inc. FLͲR10ͲGC04Ͳ111821ͲDMS Region10ͲSouthernFloridaͲGeneralConstruction AdvancedRoofing,Inc. FLͲR10ͲGC05Ͳ111821ͲADR Region10ͲSouthernFloridaͲGeneralConstruction JeweloftheSouth,Inc. FLͲR10ͲGC06Ͳ111821ͲJOS Region10ͲSouthernFloridaͲGeneralConstruction F.H.Paschen FLͲR10ͲGC07Ͳ111821ͲFHP Region10ͲSouthernFloridaͲGeneralConstruction PlaceServices,Inc. FLͲR10ͲGC08Ͳ111821ͲPLA Region10ͲSouthernFloridaͲGeneralConstruction NicholsContracting,Inc. FLͲR10ͲGC09Ͳ111821ͲNIC Region10ͲSouthernFloridaͲGeneralConstruction AmiciEngineeringContractors FLͲR10ͲGC10Ͳ111821ͲAME Region10ͲSouthernFloridaͲGeneralConstruction JohnsonͲLauxConstruction FLͲR10ͲGC11Ͳ111821ͲJLC Region10ͲSouthernFloridaͲGeneralConstruction CentennialContractorsEnterprises FLͲR10ͲGC12Ͳ111821ͲCCE Region10ͲSouthernFloridaͲGeneralConstruction HallMechanicalandAirConditioning,LLC FLͲR10ͲHVAC01Ͳ111821ͲHMA Region10ͲSouthernFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR10ͲHVAC02Ͳ111821ͲADR Region10ͲSouthernFloridaͲHVAC/Mechanical
EXHIBIT 3
447
APPENDIXAContinued
MechanicalServicesofCentralFlorida,Inc. FLͲR10ͲHVAC03Ͳ111821ͲMSF Region10ͲSouthernFloridaͲHVAC/Mechanical AdvancedRoofing,Inc. FLͲR10ͲE01Ͳ111821ͲADR Region10ͲSouthernFloridaͲElectrical NicholsContracting,Inc. FLͲR10ͲE02Ͳ111821ͲNIC Region10ͲSouthernFloridaͲElectrical SolaresElectricalServices,Inc. FLͲR10ͲE03Ͳ111821ͲSES Region10ͲSouthernFloridaͲElectrical AdvancedRoofing,Inc. FLͲR10ͲRW01Ͳ111821ͲADR Region10ͲSouthernFloridaͲRoofing/Waterproofing SalomonConstruction&Roofing FLͲR10ͲRW02Ͳ111821ͲSCR Region10ͲSouthernFloridaͲRoofing/Waterproofing DavidMancini&Sons,Inc. FLͲR10ͲPAC01Ͳ111821ͲDMS Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete LanzoConstructionCo.,FL FLͲR10ͲPAC02Ͳ111821ͲLCC Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete AstraConstructionServices,LLC FLͲR10ͲPAC03Ͳ111821ͲACS Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete AmiciEngineeringContractors FLͲR10ͲPAC04Ͳ111821ͲAME Region10ͲSouthernFloridaͲPaving/Asphalt/Concrete DavidMancini&Sons,Inc. FLͲR10ͲCC01Ͳ111821ͲDMS Region10ͲSouthernFloridaͲCivilConstruction LanzoConstructionCo.,FL FLͲR10ͲCC02Ͳ111821ͲLCC Region10ͲSouthernFloridaͲCivilConstruction AstraConstructionServices,LLC FLͲR10ͲCC03Ͳ111821ͲACS Region10ͲSouthernFloridaͲCivilConstruction AmiciEngineeringContractors FLͲR10ͲCC04Ͳ111821ͲAME Region10ͲSouthernFloridaͲCivilConstruction ezIQCRENEWALS
CompanyName Contract
Number
InnovativeBuildersofAlexandria,Inc. MNͲNCMͲGC01Ͳ120518ͲIBA MinnesotaExteriors,Inc. MNͲTMAͲR01Ͳ120518ͲMEI
KrausͲAndersonConstructionCompany MNͲSEAͲGC03Ͳ120518ͲKRU KrausͲAndersonConstructionCompany MNͲSWAͲGC02Ͳ120518ͲKRU KrausͲAndersonConstructionCompany MNͲNCMͲGC04Ͳ120518ͲKRU InnovativeBuildersofAlexandria,Inc. MNͲRRVͲGC01Ͳ120518ͲIBA McDowallCompany MNͲRRVͲR02Ͳ120518ͲMDC
KrausͲAndersonConstructionCompany MNͲIRAͲGC02Ͳ120518ͲKRU SolidRockConstruction MNͲCMAͲGC03Ͳ120518ͲSRC
KrausͲAndersonConstructionCompany MNͲTMAͲGC05Ͳ120518ͲKRU NorͲSon,Inc. MNͲIRAͲGC01Ͳ120518ͲNSI
NorͲSon,Inc. MNͲSEAͲGC01Ͳ120518ͲNSI
NorͲSon,Inc. MNͲTMAͲGC02Ͳ120518ͲNSI
RAKConstruction,Inc. MNͲTMAͲGC01Ͳ120518ͲRAK
SolidRockConstruction MNͲTMAͲGC03Ͳ120518ͲSRC
RAKConstruction,Inc. MNͲCMAͲGC01Ͳ120518ͲRAK
NorͲSon,Inc. MNͲNCMͲGC02Ͳ120518ͲNSI
NorͲSon,Inc. MNͲCMAͲGC02Ͳ120518ͲNSI
NorͲSon,Inc. MNͲRRVͲGC02Ͳ120518ͲNSI
NorͲSon,Inc. MNͲSWAͲGC01Ͳ120518ͲNSI
BituminousRoadways,Inc. MNͲTMAͲP01Ͳ120518ͲBRI
McDowallCompany MNͲTMAͲR02Ͳ120518ͲMDC
MinnesotaExteriors,Inc. MNͲSEAͲR01Ͳ120518ͲMEI
McDowallCompany MNͲIRAͲR02Ͳ120518ͲMDC
SolidRockConstruction MNͲNCMͲGC03Ͳ120518ͲSRC
MinnesotaExteriors,Inc. MNͲCMAͲRO1Ͳ120518ͲMEI
McDowallCompany MNͲNCMͲR02Ͳ120518ͲMDC
KrausͲAndersonConstructionCompany MNͲRRVͲGC03Ͳ120518ͲKRU L.S.BlackConstructors,Inc. MNͲTMAͲGC04Ͳ120518ͲLSB
McDowallCompany MNͲCMAͲR02Ͳ120518ͲMDC
McDowallCompany MNͲSWAͲR02Ͳ120518ͲMDC
MidͲMinnesotaHotMix MNͲCMAͲP01Ͳ120518ͲMHM
MinnesotaExteriors,Inc. MNͲNCMͲR01Ͳ120518ͲMEI
MinnesotaExteriors,Inc. MNͲRRVͲR01Ͳ120518ͲMEI
SolidRockConstruction MNͲSEAͲGC02Ͳ120518ͲSRC
AndersonBrothers MNͲNCMͲP01Ͳ120518ͲABC
HyͲTecConstruction MNͲNCMͲGC05Ͳ120518ͲHTC
MinnesotaExteriors,Inc. MNͲSWAͲR01Ͳ120518ͲMEI
KrausͲAndersonConstructionCompany MNͲCMAͲGC04Ͳ120518ͲKRU MinnesotaExteriors,Inc. MNͲIRAͲR01Ͳ120518ͲMEI
EXHIBIT 3
448
Vactor 101221-VTR
Pricing for contract #101221-VTR offers Sourcewell participating agencies the following discounts:
• 3%
discount off list price
• In addition to the discount off MSRP, volume discounts may be considered on a case-by-case basis.
EXHIBIT 3
449
5 (Rev. 9.30.22)
EX
HIBIT B
INSURANCE REQUIREMENTS
NOT
APPLICABLE
EXHIBIT 3
450
6 (Rev. 9.30.22)
EXHIBIT C
EXHIBIT 3
451
Russ Knight
Tel: 707-290-9093
Quote Number: 2023-53779 1 of 9
Pre
sents a Proposal Summary
of the
2100i
Combination Single Engine Sewer Cleaner with Positive Displacement Vacuum System Mounted on a 2024 Freightliner 114SD
for
City of Stockton
Contact #
101221 -VT R | Maturity Date: 2025-11-29
EXHIBIT 3
452
Quote Number: 2023-53779 2 of 9
PRODUCT DESCRIPTION
· 2100i with Roots 824-18" Hg. Blower, 15 Yard Debris body, 1500 Gallons of Fresh Water
STANDARD FEATURES
· Aluminum Fenders
· Mud Flaps
· Electric/Hydraulic Four Way Boom
· Color Coded Sealed Electrical System
· Intuitouch Electronic Package
· Double Acting Dump Hoist Cylinder
· 3" Y-Strainer at Water Pump Inlet
· Ex-Ten Steel Cylindrical Debris Tank
· Flexible Hose Guide
· (3) Nozzles with Carbide Inserts w/Rack
· Suction Tube Storage - 4 Pipe
· 1" Nozzle Pipe
· 10' Leader Hose
· Flat Rear Door w/Hydraulic Locks
· Dual Stainless Steel Float Shut Off
· Debris Body Vacuum Relief System
· Debris Deflector Plate
· 60" Dump Height
· Additional Water Tank Sight Guage
· Liquid Float Level Indicator
· Boom Transport Post Storage
· 3" Y-Strainer @ Water Pump
· 1" Water Relief Valve
· Microstrainer Prior to Blower
· Midship Handgun Coupling
· Side Mounted Water Pump
· Hose Wind Guide (Dual Roller)
· Hose Reel Manual Hyd. Extend/Retract
· Hose Reel Chain Cover (Full)
· Hydraulic Extending 15", Rotating Hose Reel, 1" x 100 0' Capacity · Tachometer & Hourmeter/Blower
· Circuit Breakers
· LED Lights. Clearance, Back-Up , Stop, Tail & Turn
· Tow Hooks, Front and Rear
· Electronic Back-Up Al arm
· Module Paint, Dupont Imron Elite - San ded Primer Base · 7" Vacuum Pipe Package
· Emergency Flare Kit
· Fire Extinguisher 5 Lbs.
· Fixed Rear Door Pipe Rack, 7" Pipe
· Subframe Mounted, 2-Pi pe Rack, 7"
· Low Water Alarm with Water Pump Flow Indicator
· Joystick Boom Control
· Rodder System Accumulator- J ack Hammer on/off control w/ manual valve · Digital Hose Footage Counter
· Water Pump Hour Meter
· PTO Hour Meter
· Hydraulic Oil Temp Alarm
· Digital Water Pressure Gauge
· Vactor Standard Manual and USB Version - 1 + D ealer
EXHIBIT 3
453
Quote Number: 2023-53779 3 of 9
ADDITIONAL FEATURES
· 48" x 22" x 24" Curb Side Aluminum Toolbox with Lighting · Roots 824-18" H g. Blower
· 180 deg. 10' x 15' Rapid Deployment Boom
· RDB Washout Coupling
· 80 GPM Variable Flow Water System
· 2500 PSI Water Pressure
· Hydraulic Cooling Package
· 1" x 800' Piranha Sewer Hose, 2500 PSI
· Debris Body Washout
· 6" Knife Valve w/Cam-Loc , Rear Door, 3:00 Position
· 6" Rear Door Knife Valve w/Camloc w/Port, 6:00 position · Full Rear Door Swinging Screen
· Centrifugal Separators (Cyclones)
· Folding Pipe Rack, Curbside, 7" Pipe
· Folding Pipe Rack, Streetside, 7" Pipe
· Rear Door Splash Shield
· Lube Manifold
· Plastic Lube Chart
· Final Filter and Silencer Ball Valve Drains
· Hot Shift Blower Drive (automatic transmission)
· Bellypack Wireless Controls with hose reel controls, 2-wa y communications, and LCD Display · Rotatable Boom Inlet Hose
· Anti Splash Valve, Body Inlet
· Handgun Couplers, Front and Rear
· Hydro Excavation Kit - Inc ludes Lances w/ Shield, Nozzles, Storage Tray, and Vacuum Tube · Hose Wind Guide (Dual Roller), Auto, Non-Inde xing
· Rodder Hose Pinch Roller
· High Pressure Hose Reel
· Lateral Cleaning Kit w/150' Hose and Nozzle, 25 GPM/2000 PSI at side · Rodder Pump Drain Valves
· Rear Directional Control, LED Arrowstick
· Wireless, Waterproof, Rechargable, Handheld, LED Spot Light w/12V Charger · Rear Mounted, LED Beacon Light w/ Limb Guard
· Front Mounted, LED Beacon Light w/Limb Guard
· 14 Lighting Package, 14 Federal Signal Strobe Lights, LED · LED Mid-Shi p Turn Signals
· Worklights (2), LED,Boom
· Worklights (2), LED, Rear Door
· Worklight, LED, Operators Station
· Worklight, LED, Hose Reel Manhole
· Worklight, LED, Curb Side
· Worklight, LED, Street Side
· Hose Reel Wrapped for Delivery
· Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2) LED Side Markers · Behind Cab Toolbox with Lighting
· Toolbox, Driver Side Chassis Frame, 24w x 24h x 24d, with Lighting · Toolbox, Driver Side Subframe, 18w x 24h x 24d, with Lighting · (4) Long Handle Tool Storage Locations Behind Cab
· Camera System, Front, Rear and Both Sides
· Safety Cone Storage Rack - Po st Style
· Additional Safety Cone Storage Rack - Po st Style
· Digital Water Level Indicator
· Digital Debris Body Level Indicator
· Blower High Temperature Safety Shutdown
· 1 Printed Full Vactor Manual
EXHIBIT 3
454
Quote Number: 2023-53779 4 of 9
· Vactor Standard Manual and USB Version – 1
· Boom
out of position alarm
· Body out of position alarm
EXHIBIT 3
455
Quote Number: 2023-53779 5 of 9
EXHIBIT 3
456
Quote Number: 2023-53779 6 of 9 TOTAL Price for 2 Vactor 2100i’s,………………….……..………………………………….…$1,215,860.00 DELIVERY AND IN–SERVICE Training ……………………………………………………. INCLUDED LICENSING AND REGISTRATION …………………………………………………………. INCLUDED TAX 9.0%..........................................................................................................................................$109,427.40 CA Tire Fee…………………….. …………………………………………………………………$35.00
TOTAL FOB STOCKTON.……………………………………………………..……….…….....$1,325,322.40
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED
OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good for 6
0 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
TAXE
S: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: 12-14 Months ARO TERMS: Net 10 or Approved Lease
If you have any questions, please give me a call at (707)290-9093.
Sincerely,
Russell Knight
Russell Knight
CA Regional Manager
EXHIBIT 3
457
QuoteNumber:2023-53779 7 of 9
LIMITED WARRANTY
Limited Warranty. Each machine manufactured by VACTOR MANUFACTURING (or, "the Company") is warranted against defects in material and workmanship for a period of 12 months, provided the machine is used in a normal and reasonable manner and in accordance with all operating, maintenance and safety instructions. In addition, certain machines and components of certain machines have extended warranties as set forth below. If sold to an end user, the applicable warranty period commences from the date of delivery to the end user. If used for rental purposes, the applicable warranty period commences from the date the machine is first made available for rent al by the Company or its representative. This limited warranty may be enforced by any subsequent transferee during the warranty period. This limited warranty is the sole and exclusive warranty given by the Company.
STANDARD EXTENDED WARRANTIES (Total Warranty Duration)
2100 Series, HXX Series and Jetters 10 years against water tank leakage due to corrosion. Nonmetallic water tanks are covered for 5 yrs. against any factory defect in material or workmanship. 2100 Series, HXX Series and Guzzler only 5 years against leakage of debris tank, centrifugal compressor or housing due to rust-through.
2100 Series and Jetters 2 years - Vactor Rodder Pump
Exclusive Remedy. Should any warranted product fail during the warranty period, the Company will cause to be repaired or replaced, as the Company may elect, any part or parts of such machine that the Company's examination discloses to be defective in material or factory workmanship. Repairs or replacements are to be made at the selling Company's authorized dealer's or distributor's location or at other locations approved by the Company. In lieu of repair or replacement, the Company may elect, at its sole discretion, to refund the purchase price of any product deemed defective. The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty claim.
This Limited Warranty shall not apply to (and the Company shall not be responsible for):
1. Major components or trade accessories that have a separate warranty from their original manufacturer, such as, but not lim ited to, trucks and truck chassis, engines, hydraulic pumps and motors, tires and batteries.
2. Normal adjustments and maintenance services.
3. Normal wear parts such as, but not limited to, oils, fluids, vacuum hose, light bulbs, fuses and gaskets.
4. Failures resulting from the machine being operated in a manner or for a purpose not recommended or not in accordance with operating, ma
intenance or safety instructions provided by the Company.
5. Repairs, modifications or alterations without the express written consent of the Company, which in the Company's sole judgment, have adve
rsely affected the machine's stability, operation or reliability as originally designed and manufactured.
6. Items subject to misuse, negligence, accident or improper maintenance. *
NOTE* The use in the product of any part other than parts approved by the Company may invalidate this warranty. The Compa ny re
serves the right to determine, in its sole discretion, if the use of non-approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make the Company liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine.
THIS WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT PE
RMITTED, CONFERRED BY STATUTE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AGAINST FAILURE OF ITS ESSTENTIAL PURPOSE, ALL OF WHICH ARE DISCLAIMED.
This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of the Company. For the avoidance of doubt,
the Company shall not be liable for any indirect, special, incidental or consequential damages, including, but not limited to, loss of use or lost profits. The Company makes no representation that the machine has the capacity to perform any functions other tha n as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to alter the terms of this warranty, to give any other warranties or to assume any other liability on behalf of the Company in connection with the sale, servicing or repair of any machine manufactured by the Company. Any legal action based hereon must be commenced within eighteen (18) months of the event or facts giving rise to such action.
The Company reserves the right to make design changes or improvements in its products without imposing any obligation upon it se lf to
change or improve previously manufactured products.
VACTOR MANUFACTURING
1621 S. Illinois Street
Streator, IL 61364
EXHIBIT 3
458
TERMS AND CONDITIONS
Quote Number:2023-53779 8 of 9
ORDERS: All orders are subject to acceptance by Vactor Manufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter referred to as Vactor). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Vactor's Management.
PRICES: All orders are subject to current prices in effect at the time of order acknowledgement.
F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory.
PAYMENT TERMS: The company's payment terms are due
upon receipt, unless otherwise stated. However, until such time as Vactor receives full payment, Vactor shall maintain a purchase money security interest in the product.
CANCELLATION: Orders cannot be cancelled except upon
terms that will compensate Vactor for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price.
SHIPMENT: All proposals are based on continuous and
uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Vactor to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Vactor shall be liable only for ordinary care of the property.
STORAGE CHARGES: Vactor shall charge the customer at
current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by Vactor is at the customer's or other party's risk. Vactor is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control.
PERFORMANCE: Vactor shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control.
EXPERIMENTAL WORK: Work performed at customer's
request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates.
SKETCHES, ENGINEERING DRAWINGS, MODELS and
all preparatory work created or furnished by Vactor, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Vactor.
TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws. However, Vactor Manufacturing, Inc. shall be responsible for Federal Excise Tax (F.E.T.) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Vactor will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Vactor.
PRODUCT IMPROVEMENTS: Vactor reserves the right to
change manufacturing specifications and procedure in
accordance with its product improvement policy.
MOUNTING PRICES: Mounting prices assume normally
factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate.
WARRANTY: Vactor warrants its products to be free from
defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated
herein. THERE ARE NOT OTHER WARRANTIES OF ANY
KIND EXPRESS OR IMPLIED, AND SPECIFICALLY
EXCLUDED BUT NOT BY WAY OF LIMITATION, ARE
THE IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND MECHANTABILITY.
IT IS UNDERSTOOD AND AGREED THE VACTOR'S
LIABILITY WHETHER IN CONTRACT, IN TORT,
UNDER ANY WARRANTY IN NEGLIGENCE OR
OTHERWISE SHALL NOT EXCEED THE RETURN OF
THE AMOUNT OF THE PURCHASE PRICE PAID BY
THE PURCHASER AND UNDER NO CIRCUMSTANCES
SHALL VACTOR BE LIABLE FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THE PRICES STATED FOR THE
EQUIPMENT IS A CONSIDERATION IN LIMITING
VACTOR'S LIABILITY. NO ACTION REGARDLESS
OF FORM, ARISING OUT OF THE TRANSACTION OF
THE AGREEMENT MAY BE BROUGHT BY
PURCHASER MORE THAN ONE YEAR AFTER THE
CAUSE OF ACTION HAS OCCURRED.
VACTOR'S MAXIMUM LIABILITY SHALL NOT
EXCEED AND BUYER'S REMEDY IS LIMITED TO
EITHER (I) REPAIR OR REPLACEMENT OF THE
DEFECTIVE PART OF PRODUCT, OR AT VACTOR'S
OPTION (II) RETURN OF THE PRODUCT AND
REFUND OF THE PURCHASE PRICE AND SUCH
REMEDY SHALL BE BUYER'S ENTIRE AND
EXCLUSIVE REMEDY.
EXHIBIT 3
459
TERMS AND CONDITIONS
Quote Number:2023-53779 9 of 9
CHOICE OF LAW: These terms and conditions shall be
construed according to the laws of the State of Illinois. Failure at anytime by Vactor to exercise any right of its rights under this agreement shall not constitute a waiver-thereof nor prejudice Vactor's right to enforce it thereafter.
COMPLETE AGREEMENT: These terms and conditions,
contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Vactor unless in writing and agreed to by an authorized representative of Vactor. All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected.
I agree with the above terms and conditions:
___________________________
Date: ______________
EXHIBIT 3
460
City of Stockton
Legislation Text
File #: 24-0009, Version: 1
APPROVE MOTION TO AUTHORIZE PROFESSIONAL TRAFFIC COUNTS COLLECTION
SERVICES
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Quality Counts, LLC of Concord, CA, in the amount of $191,980, for Professional Traffic Counts Collection Services, Project No. SEB-23-004.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Public Works Department utilizes traffic volume counts, classification counts, and speed zone surveys to: (1) prepare traffic studies in response to citizen requests, (2) update the City’s Traffic Volume Flow and Traffic Index Maps, (3) support grant writing and studies for the City’s Capital Improvement Projects, (4) facilitate traffic signal timing and synchronization, and (5) update speed limit zones throughout the City. Professional contract services are utilized to supplement staff in obtaining traffic counts and speed zone surveys.
On July 20, 2023, the City advertised a Request for Proposals (RFP) for the Professional Traffic Counts Collection Services project. On August 21, 2023, three firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Quality Counts, LLC of Concord, CA, to be the most qualified and highest ranked firm.
Staff recommends that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $191,980 to Quality Counts, LLC of Concord, CA.
DISCUSSION
Background
The Public Works Department utilizes traffic volume counts, classification counts, and speed zone surveys to: (1) prepare traffic studies in response to citizen requests, (2) update the City’s Traffic Volume Flow and Traffic Index Maps, (3) support grant writing and studies for the City’s Capital City of Stockton Printed on 2/2/2024Page 1 of 3
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File #: 24-0009, Version: 1
Improvement Projects, (4) facilitate traffic signal timing and synchronization, and (5) update speed limit zones throughout the City.
The Professional Traffic Counts Collection Services, Project No. SEB-23-004, was created to supplement staff in obtaining the required traffic counts and speed zone survey data.
Present Situation
On July 20, 2023, the City advertised an RFP for Professional Traffic Counts Collection Services, Project No. SEB-23-004. The request for cost proposals required that fees be held constant for two years. On August 21, 2023, three proposals were received from the following firms:
· National Data & Surveying and Services (Sacramento, CA) · Quality Counts, LLC (Concord, CA)
· Quality Traffic Data, LLC (North Hollywood, CA)
The Selection Committee, comprised of Public Works’ staff, evaluated and ranked all proposals based on each firm’s qualifications, experience, ability to perform the work, and rates for various classifications and count services identified in the request for services. Quality Counts, LLC received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $191,980 to Quality Counts, LLC for Professional Traffic Counts Collection Services, Project No. SEB-23-004 (Attachment A). Quality Counts, LLC has agreed to guarantee its rates for two years.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff available for this project.
2. The scope of services requires a firm with traffic count experience and appropriate equipment.
3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
City of Stockton Printed on 2/2/2024Page 2 of 3
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File #: 24-0009, Version: 1
FINANCIAL SUMMARY
There is sufficient funding available in the Measure K Special Services, Account No. 4510-700- 630006-250-252-30-45-000-000, to award a Professional Services Contract in the amount of $191,980 to Quality Counts, LLC of Concord, CA.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Professional Services Contract with Quality Counts, LLC City of Stockton Printed on 2/2/2024Page 3 of 3
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463
Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
PROFESSIONAL SER
VICES CONTRACT
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a munici pal corporation (“City”), and QUALITY COUNTS, LLC whose address is 2455 BATES AVENUE, SUITE C, CONCORD, CA 94520 (“Consultant”) for the PROFESSIONAL TRAFFIC COUNTS COLLECTION SERVICES (PROJECT NO. SEB-23-004), hereinafter referred to as "Project".
RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this refer ence. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $191,980.00 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expens e the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.
4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professiona l agrees to indemnify, including the cost
ATTACHMENT A
464
Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
(Updated 10/18/23)
to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liabi lity that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of St ockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that prof essional’s proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on April 30, 2027 , unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financ ial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .
ATTACHMENT A
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Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
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The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARA
SSMENT POLICY
The City of Stockton has a Discrimination and Harassment Polic y (Exhibit
D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7,
Division 2 of the California Labor C ode shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relation
s of the State of California has
determined the general prevailing rate s of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate det ermination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at
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a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual co st of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work mo re than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the pr ovisions of Sections 1770 to 1781 of the Labor Code of the St ate of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prim e and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all applicable federal, state, and local la ws.
Such conformity includes compliance with federal sanctions, and Contractor
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Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
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certifies that it has not and will not engage in prohi bited transactions with sanctioned persons or entities.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively ai d and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits , qualifications, insurance, and approvals of whatsoever nature which are legally requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations , and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TE
RMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no
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further work shall be performed by Consultan t. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. In performing the obligat ions set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Cons ultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Cons ultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract. //
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Professional Services Contract – PROFESSI ONAL TRAFFIC COUNTS COLLECTION SERVICES – PROJECT NO. SEB-23-005
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15. NOTICES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: Quality Counts, LLC To City: Public Works Director City of Stockton
22 E. Weber Ave., Rm. 301
2455 Bates Avenue
Suite C
Concord, CA 94520
Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance wit h this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or in vestment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
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21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be am ended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency o ccur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant. //
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ATTACHMENT A
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ATTACHMENT A
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CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
2 Tube Counts
Volume, speed, and classification data is generally
collected to determine the number of vehicles traveling at a given location, their classification breakout based on the 13-class FHWA scheme, and their speeds based on a
prescribed set of speed bins (typically in five or ten MPH increments). This service is applicable to Bid Items 1-4 in Attachment A.
Field Work Practices
Using predetermined set-up locations, Field Technicians will install tube counter equipment according to
manufacturer specifications and QC policies for each
collection device. Such parameters include but are not
limited to synchronizing device clocks, ensuring proper tube spacing, setting classification bins, entering station information, performing test calibration counts, and
properly securing all devices. After the tubes and counter have been installed and programmed, the Field Technician performs a manual test count as an initial QA/QC step. By comparing hits registered to the actual number of cars
passing over a set of tubes, Field Technicians can
determine whether the device is collecting accurate data.
At every location, Field Technicians are tasked with
completing field data sheets with any requested site data.
These data sheets include:
• A detailed diagram of the count location
• Tube labeling by port number on the traffic
counter
• Tube layout diagram and spacing measurements
• Directionality of traffic flow over the tubes, per
each lane of traffic collected
• Weather and environmental notes
• GPS coordinates of the collection device
• Land use observations and nearby addresses
• The presence of traffic control devices
Data Processing
Before processing pneumatic tube data, all counters are collected from the field and downloaded using computers equipped with counter data processing software called
TraxPro. The software converts the data from traffic
counting devices into a variety of file formats. During the download process, the software analyzes the quality of
data collected by displaying the exact timestamps of air pulses detected by each sensor. If the data shows no
apparent anomalies such as missing air pulses or record gaps, the count files are sent to our Data Processing Team.
The Data Processing Team digs deeper into each file to
look for data issues such as high unclassified percentages, unusual class distributions, and vehicle dips or spikes.
QA/QC Procedures
QC’s Data Processing Technicians are trained to compare count data to expected conditions and identify potential malfunctions, such as consecutive periods with zero
volumes, high percentages of unclassed vehicles, and
sudden shifts in class distributions during specific
intervals. This team has processed tens of thousands of tube counts, and their specialization provides an
unmatched level of expertise in identifying problematic or inaccurate data. In addition to thorough manual checks, all counts are screened by QC’s proprietary Tube Flags
system, which searches for 20 common data issues. These flags have been adopted to meet standards developed
from years of experience with agencies across the
country. Any data not successfully captured is not billed.
We will provide notification of any errors and will
immediately reattempt collection.
Data Compilation and Submittal
Data will be delivered in Excel spreadsheet, PDF, TF2, or any other common file type. Reports may be in five, 15, or 60-minute intervals. All data will be collected and
delivered directionally per facility. Per vehicle data reports may also be provided as needed. Data will also be
uploaded to your instance of DataPoint.
EXHIBIT A
ATTACHMENT A
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CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
3 Video Counts
Video-based counts may be taken at intersections, mid-
blocks, driveways, or other pathway locations and will be by movement and direction. Data collection will
encompass all possible movements regardless of any
traffic control devices that are present. This service is applicable to Bid Items 6-11 in Attachment A.
Field Work Practices
When conducting field work for TMCs, QC Field
Technicians mount cameras to traffic signal poles or street signs in opposing corners of count locations as necessary.
Cameras are set up to record an unobstructed view of all vehicles, pedestrians, and cyclists. As an initial step in the QA/QC process, Field Technicians observe vehicles, cyclists, and pedestrians making all possible movements to verify that the site is fully within the camera’s field of observation.
Approaches are also captured to allow for upstream traffic reporting; this includes queues, unusual traffic behavior, and accidents.
At every location, Field Technicians are tasked with
completing field data sheets with any requested site data.
These data sheets include:
• A detailed map of the count location, including per
lane movement diagrams
• Weather and environmental notes
• GPS coordinates of the collection device
• Land use observations and nearby addresses
• The presence of traffic control devices
• Posted speed limits
• The presence of nearby construction or incidents
Data Processing
The equipment is collected from the field after the survey period has ended. All video is transferred through the
cloud to our Video Processing Center in Tampa, FL. The
quality of the video footage is reviewed by Video
Processing Technicians who provide detailed feedback on camera angles and field conditions, and then verify the exact movements and approaches to process. They then
manually, or with the use of DataLens, process vehicle
volumes, classifications, pedestrians, cyclists, and other data with at least 98% accuracy. To ensure this level of accuracy is met, multiple Technicians are used for high- volume locations or for counts requiring complex vehicle classification schemes. Technicians can also slow down
and speed up playback based on traffic throughput of
each count interval.
DataLens
QC’s DataLens AI was developed to tabulate traffic
volumes and classification data for intersections and
segments. This application will allow us to provide high quality data in a fraction of the time that it takes to manually process a count. DataLens utilizes machine
learning algorithms to accurately classify vehicles, cyclists, and pedestrians. The application was designed to allow for future feature development based on the needs of our
agency partners.
QA/QC Procedures
After the data is reduced from the video, QC’s proprietary MERLIN QA/QC software runs comparative checks on
every interval of data for every movement among a set of locations. Data anomalies are flagged and recounted for validation. A QA/QC report is generated and sent to the data requestor that details every flag and our findings from any recounts. These notes may include details of
volume variances among intersections with possible
causes of volume inconsistencies, time-stamped illegal
movements, special events such as train crossings,
confirmation of severe dips or spikes in volumes, notes of accidents or weather events, and any other details
deemed relevant to data interpretation and analysis.
If historical data is available, Video Processing Technicians will compare it to newly collected data to ensure that it falls within a reasonable growth range. Processed data is further subject to strict internal quality control tests conducted by senior Video Processing Center staff. This includes a test count of three randomly selected,
consecutive five-minute intervals per peak period.
Data Compilation and Submittal
Final data and diagrams will be provided as Excels, PDFs, shapefiles, CSVs, PPDs, or any other common format. Data will also be uploaded to your instance of DataPoint.
EXHIBIT A
ATTACHMENT A
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CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
4 Spot Speed Data
Spot speed data is collected to determine the free flow speed of vehicles, typically a single vehicle or platoon- leading vehicles. This service is applicable to Bid Item 5 in Attachment A.
Equipment & Accuracy
LiDAR units deliver high performance and unmatched
accuracy compared to everyday radar detection units. Our ProLaser devices collect per vehicle spot speed data with an accuracy level of +/- 1 MPH and an acquisition time of only .3 seconds. The devices are designed specifically for easy roadside use in any weather conditions without
sacrificing accuracy.
Field Work Practices
Our team will use LiDAR speed detection units to collect spot speed data on freely flowing roadways. Field
Technicians deployed to the survey site will select a
collection location so that their equipment and vehicles are as inconspicuous as possible. The LiDAR detection unit will be aimed at vehicles that are either isolated or leading (pacesetting) a platoon of vehicles.
LiDAR will be used to collect speed for the required
number of hours or until an agency-prescribed minimum
number of vehicles has been detected per direction of
travel. Data will be collected directionally. However, per lane data may also be captured if requested. Vehicle
speeds may also be broken out for a particular vehicle
classification bin (e.g. FHWA classes 8-13).
QA/QC Procedures
LiDAR units will be calibrated using a Differential Distance Test (DIF-Test) mode built into the unit. This is
accomplished by setting up two flat, white targets at
known intervals, such as 50 and 75 feet, away from the
person performing the test. The LiDAR unit is pointed
directly at the face of one of the targets while in DIF-Test mode, then adjusted to aim at the other target. The device will use the difference in distance between the two
targets as a way of calculating a simulated MPH. The
device will have achieved a satisfactory calibration check if the reported speed is within +/- 1 of twice the actual
measured target range difference. This process is
repeated before each data collection survey.
Data Processing, Compilation, and Submittal
Our Data Processing Team will enter all recorded per
vehicle data into a table. This table will automatically calculate relevant summary statistics such as median,
mean, pace, highest speed, lowest speed, 50
th percentile
speed, 85th percentile speed, and the percentage of
vehicles above the speed limit. All data will be compiled and delivered per direction or per lane. Additional
tabulations for specific classification bins may also be provided.
Raw speed data will also be shown as individual points in the electronic copy. The final data will be delivered as an Excel spreadsheet, PDF, or any other common file format.
Engineering & Traffic Surveys
Kittelson will perform Engineering and Traffic Surveys
(E&TS) for the locations specified by the City of Stockton.
QC will be responsible for collecting speed data for 100 vehicles in each direction of travel or up to two hours on site. The speed data will be collected during off-peak
(uncongested) hours of weekdays using a calibrated radar gun focused on vehicles that are at free flow conditions with speeds not controlled by other vehicles. The speed data will be processed into two performance measures
that will be used in making recommendations on speed
limits. These performance measures include the 85th
percentile speed and 10 mph pace. The 85th percentile
speed is defined as the speed at or below which 85
percent of the observed “free-flowing” vehicles (not
impeded by traffic congestion) are traveling and the 10- mph pace is defined as the 10-mph range containing the
highest number of vehicles in the study sample data.
In addition to the speed data, Kittelson will be responsible for understanding collision history for the study locations.
The collision history at the study roadways will be
The ProLaser LiDAR device is used to detect vehicle
speeds with an accuracy level of +/- 1 MPH.
EXHIBIT A
ATTACHMENT A
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CITY OF STOCKTON | PROFESSIONAL TRAFFIC COUNT SERVICES
5 obtained from the Statewide Integrated Traffic Records System (SWTRS) for the most recent two full years of data.
The number of collisions and crash types will be used in determining the speed limit recommendations.
Speed limit recommendations will be provided for each
location analyzed based on the 85th percentile speed, the 10-mph pace speed, review of land use and special
pedestrian generators in the vicinity, collision history and the requirements of the CVC and the California Manual for Uniform Traffic Control Devices (MUTCD). This service is applicable to Bid Item 5 in Attachment A.
Traffic Index Calculations
Traffic Index (TI) calculations will begin with data
collection using tube counts to collect vehicle classification data for the roadways selected for analysis by the City of Stockton. The collected data will be reviewed by Kittelson to look for any abnormalities as part of a QA/QC process.
If errors are discovered, Kittelson will work with QC to recollect the data.
Once the vehicle classification data has been finalized, Kittelson will perform the traffic TI calculations based on the equations in the Caltrans Highway Design Manual.
Kittelson will work with the City to determine the required design life of the pavement and to determine whether a
growth factor will be applied and how much at each
location. This service is applicable to Bid Item 12 in
Attachment A.
Delivery
All data collected as part of this contract will be delivered in a tabulated form, (Excel and PDF), as well as through our traffic count management system, DataPoint.
DataPoint is a tool for traffic engineering and planning departments that connects all of your traffic data
automatically and then performs analysis on that data.
The cloud-based platform provides data visualizations in a GIS map that is easy to search, easy to view, and easy to understand. This Traffic Data Management System allows
for one-click downloads of individual counts, a batch of counts, or all of the data within your department’s
DataPoint ecosystem. This includes intersection data,
turning movement counts, volume/class/speed data, and
bicycle/pedestrian counts.
Additionally, QC will provide the City with raw electronic data files in Excel format. Each ATR count will include the two days separately, plus the average of the two days. The certified radar speed surveys will be conducted following the CVC and current CA MUTCD. Aaron Elias, PE, will sign and stamp the Engineering and Traffic Surveys for
submittal. The TI calculations for each location will also be provided and calculated by Aaron in a bounded report
that will be signed and stamped before submittal.
Schedule
As counts are requested by City staff, QC will provide a schedule consisting of location names, duration of counts, date of counts, estimated cost based on contract
agreement, and completion dates for each order of
counts. QC will submit the schedule one week prior to the week the counts will be collected.
Task Order Schedule
Weeks
1 2 3 4 5 6 7 8
NTP & Kickoff
Project Planning
Tube Count Collection
Data Upload & Review
Data Processing
QA/QC & Compilation
Final Review & Delivery
EXHIBIT A
ATTACHMENT A
476
Bid Item Description Unit
Estimated
Quantity Unit Cost Total Cost
1 Bi-directional Volume Count (24 hr-
ADT) per ATR, includes two-days
counts and their average
Per ATR 290 $160 $46,400
2 ATR Bi-directional Speed Count per
day Per ATR 10 $120 $1,200
3 ATR Bi-directional Classification
count per day Per ATR 130 $120 $15,600
4 Extra ATR Per Location 1 $50
5 Radar Speed Count, per CVC and
CA MUTCD requirements, including
certification by a registered
professional engineer in California
Per
Survey/Location 55 $830 $45,650
6 Manual Multi-modal Turning
Movement Count (2hr) Peak Per Person 20 $140 $2,800
7 Manual Multi-modal Turning
Movement Count (4hr) Am/Pm Peak Per Person 20 $280 $5,600 8 Manual Multi-modal Turning
Movement Count (6hr) AM/Mid/PM Per Person 20 $380 $7,600 9 Manual Multi-modal Turning
Movement Count (6hr) AM/PM Peak Per Person 20 $380 $7,600 10 Manual Multi-modal Turning
Movement Count (8hrs) AM, Mid &
PM Peak
Per Person 20 $480 $9,600
11 Extra Person Per Person 1 $480
12 Traffic Index per Count Per Location 130 $380 $49,400 Note:
1. Referenced quantities are estimated and not guaranteed.
2. Estimated Quantities subject to
increase if the agreement is
EXHIBIT B
ATTACHMENT A
Grand Total: $191,980
$480
$50
477
REV 2022‐05‐17
Insurance Requirements
(Traffic Counts SEB-23-004)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance
EXHIBIT C
ATTACHMENT A
478
REV 2022‐05‐17
(at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
EXHIBIT C
ATTACHMENT A
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REV 2022‐05‐17
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
EXHIBIT C
ATTACHMENT A
480
REV 2022‐05‐17
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3
rd Floor – HR
Stockton, CA 95202
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City of Stockton
Legislation Text
File #: 24-0012, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE NEIGHBORHOOD TRAFFIC MANAGEMENT
PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE56-23 under the California Environmental Quality Act for the Neighborhood Traffic Management Program, Project No. WT16008.
2. Approve the plans and specifications for the Neighborhood Traffic Management Program, Project No. WT16008.
3. Award a Construction Contract in the amount of $388,020 to Dirt Dynasty, Inc. of Farmington, CA, for the Neighborhood Traffic Management Program, Project No. WT16008.
It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Neighborhood Traffic Management Program provides a process for installation of traffic calming measures to slow traffic on neighborhood streets. The Neighborhood Traffic Management Program, Project No. WT16008, was bid as an annual unit price contract. Award of the contract is based on the bid price for an estimated number of speed humps/cushions/tables and striping. The contractor is paid for the actual work completed. The project scope includes eight neighborhoods.
On August 10, 2023, the City received four bids for this project. Staff recommends that Council award a Construction Contract to the lowest responsive bidder, Dirt Dynasty, Inc., in the amount of $388,020. Staff also recommends that Council adopt a resolution approving Notice of Exemption NOE56-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in spring of 2024 and be completed by fall 2024.
DISCUSSION
Background
The City Standard Plans and Specifications include guidelines for installation of traffic calming measures that are used in the implementation of the City’s Neighborhood Traffic Management City of Stockton Printed on 2/2/2024Page 1 of 4
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Program. The Neighborhood Traffic Management Program divides the City into four quadrants. The program goal is to complete 16 neighborhoods per year (two to four neighborhoods in each quadrant). The program is funded from the maintenance portion of the Measure K half-cent sales tax program.
The program’s goal is to improve safety and the quality of life for neighborhood residents by reducing the impacts from speeding vehicles and, to a lesser extent, cut-through traffic. The program is a community-based program that allows residents to participate in addressing their neighborhood traffic concerns through traffic calming techniques. Upon receipt of their application, neighborhoods of concern are added on a chronological basis to the waiting list for the appropriate City quadrant. The program is very popular and presently has a waiting list of 84 neighborhoods. Based on current funding, neighborhoods applying today could anticipate installation of neighborhood traffic calming devices within seven to eight years.
The traffic calming guidelines approved in 2003 did not include speed humps or other “vertical measures” (Attachment A - Neighborhood Traffic Management Program Information Sheet).
However, in 2006, Council approved revised Traffic Calming Guidelines to include speed humps and other vertical measures. In 2008, Council approved new processes designed to expedite the time it takes neighborhoods to go through the process (Attachment B - Revised Traffic Calming Process).
As a result of these changes, neighborhoods have the option to choose to participate in either the expedited “Speed Hump Program” or the “Full Program”.
Neighborhoods selecting the expedited “Speed Hump Program” choose from a limited range of traffic calming measures, including speed humps, speed cushions, speed tables, signs, and pavement markings. Analysis and design of these measures is relatively straightforward, and it typically takes three months for neighborhoods selecting this program to progress from their kick-off meeting to completion of a ballot process, which determines support for their proposed traffic calming project.
Neighborhoods choosing the “Full Program” choose from the full range of traffic calming measures, such as speed humps, traffic circles, pedestrian islands, diversions, and road closures. Due to the complexity and impact of many of these measures, the Full Program takes more time to develop and must go through a project-specific design and bid process. If the proposed traffic calming plan includes measures that divert traffic, such as a road closure, a public hearing is also required.
Both programs require extensive staff resources to administer the program process and funding.
Prior to the initial neighborhood meeting, staff reviews collision reports and field conditions, conducts speed studies, sends invite letters after arranging for a meeting place, and prepares the presentation and handout material.
Whether the neighborhood chooses the Speed Hump Program or the Full Program, staff must meet a minimum of two times with the local residents who volunteer to be on the Traffic Calming Committee.
Staff works with these residents to develop the traffic calming plan for their neighborhood. This plan must be field verified by staff and approved by residents living closest to the proposed devices with the assistance of the Traffic Calming Committee before the entire neighborhood can vote on the plan.
Staff prepares the ballots, mails the packages to residents, followed by a one-month period in which votes are accepted. Approval of the traffic calming plan is by simple majority with votes accepted from citizens residing on the property (owner or tenant).
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Due to current staffing levels, a total of eight neighborhoods are included for construction in 2024.
Locations of the neighborhoods to be constructed are shown in Attachment C. With the completion of these eight neighborhoods, a total of 185 neighborhood applications for traffic calming will have been processed since the program began.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024.The CWTA was not applied to this project because the engineer’s estimate was less than $1 million.
Present Situation
The Neighborhood Traffic Management Program, Project No. WT16008, will install approximately 15 traffic calming measures in each of the eight neighborhoods consisting of speed humps/cushions/tables and striping.
On July 28, 2023, the Neighborhood Traffic Management Program, Project No. WT16008, was advertised for bids. On August 10, 2023, four bids were received with the following results:
COMPANY NAME
BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Dirt Dynasty, Inc. $388,020.00 $380,259.60
(Farmington, CA)
Consolidated Engineering, Inc. $426,850.00 $426,850.00
(Valley Springs, CA)
Robert Burns Construction, Inc. $468,285.95 $444,871.65 (Stockton, CA)
B & M Builders, Inc. $503,047.00 $503,047.00
(Rancho Cordova, CA)
Engineer’s Estimate $396,285.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Robert Burns Construction, Inc. is located within the City of Stockton and is entitled to a five percent bid preference. Dirt Dynasty, Inc. is located within San Joaquin County and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Dirt Dynasty, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. The bid is approximately 2.1 percent lower than the Engineer’s City of Stockton Printed on 2/2/2024Page 3 of 4
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Estimate. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Dirt Dynasty, Inc. of Farmington, CA, in the amount of $388,020.
The project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE56-23 under CEQA.
Construction is anticipated to begin in spring of 2024 and be completed by fall 2024.
FINANCIAL SUMMARY
There is sufficient funding available in the Neighborhood Traffic Management Program, Project No.
WT16008, to award a Construction Contract to Dirt Dynasty, Inc. in the amount of $388,020.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Neighborhood Traffic Management Program Information Sheet Attachment B - Traffic Calming Process
Attachment C - Neighborhood Traffic Management Program Locations City of Stockton Printed on 2/2/2024Page 4 of 4
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Advantages
Relatively inexpensive
Relatively easy for bicyclists to cross if taper is designed appropriately
No loss of on-street parking
Very effective in slowing travel speeds
Disadvantages
Causes a “rough ride” for all drivers, and can cause
severe pain for people with certain skeletal disabilities Emergency vehicles forced to travel at slower speeds
Increased noise to adjacent residences
Aesthetics
Advantages
Relatively inexpensive
No loss of on-street parking
Very effective in slowing travel speeds
Disadvantages
Large (non-standard) vehicles can avoid the
cushion by passing through the cut-outs
Causes a “rough ride” for all drivers, and can
cause severe pain for people with certain
skeletal disabilities
Increased noise to adjacent residences
Aesthetics
SPEED HUMP
Speed humps are rounded raised areas placed across the road. They are generally 12 feet long in the direction of travel, 3¼ to 3¾ inches high, and parabolic in shape, and have a design speed of 15 to 20 mph. They are usually constructed with asphalt concrete and have a taper on each side to allow unimpeded drainage between the hump and curb.
When placed on a street with rolled curbs, bollards may be placed at the ends of the speed hump to discourage vehicles from veering outside of the travel lane to avoid the device. Speed humps are not installed on emergency response or bus routes.
SPEED CUSHION
The speed cushion is a variation on the speed hump with wheel cut-outs to accommodate the wheelbase of fire trucks and buses so they can pass through without slowing. For standard size vehicles to pass, at least one set of wheels must travel over the cushion. Each speed cushion is typically 6.5 feet wide, 6.67 feet long in the direction of travel, and 3 inches high. Typically, a set of three or four cushions are installed depending on the width of the street. The design speed is 15 to 20 mph. They are usually constructed of asphalt concrete and have a taper on each side to allow unimpeded drainage between the cushion and curb. When placed on a street with rolled curbs, bollards may be placed at the ends of the speed cushion to discourage vehicles from veering outside of the travel lane to avoid the device. Speed cushions are installed on emergency response and bus routes.
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM INFORMATION SHEET
ATTACHMENT A
500
TRAFFIC CALMING PROCESS
ATTACHMENT B
501
2022 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM LOCATIONS
N
ATTACHMENT C
502
BLAIN’S ADDITION
NTMP AREA BOUNDARY
N
ATTACHMENT C
503
N
LVW-BRIDGEPORT
NTMP AREA BOUNDARY
ATTACHMENT C
504
MOSSWOOD PARK-MONROE
NTMP AREA BOUNDARY
N
ATTACHMENT C
505
N
SHARPS LANE VILLAS 2
NTMP AREA BOUNDARY
ATTACHMENT C
506
N
SPERRY RANCH
NTMP AREA BOUNDARY
ATTACHMENT C
507
SPERRY RANCH-TENNALINDE
NTMP AREA BOUNDARY
N
ATTACHMENT C
508
STONEWOOD-LITTLE OAKS
NTMP AREA BOUNDARY
N
ATTACHMENT C
509
N
WESTON RANCH-WATERCOURSE
NTMP AREA BOUNDARY
ATTACHMENT C
510
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO . NOE56-23,
APPROVING THE PLANS AND SPECIFICATIONS , AND AWARDING A
CONSTRUCTION CONTRACT FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM, PROJECT NO. WT16008
On August 10, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Neighborhood Traffic Management Program, Project No. WT16008; and
The project will install approximately 15 traffic calming measures in each of the eight neighborhoods consisting of speed humps/cushions/tables and striping; and
Dirt Dynasty, Inc. is the lowest responsive and responsible bidder in the amount of $388,020 and its bid is regular in all respects; and
The project is categorically ex empt from the requirements of the Cal ifornia Environmental Quality Act (CEQA) as specified under section 153 01(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE56-23 under CEQA for the Neighborhood Traffic Management Program, Project No. WT16008, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Neighborhood Traffic Management Program, Project No. WT16008.
3. The City Council awards a Construction Contract between the City of Stockton and Dirt Dynasty, Inc. , in the amoun t of $ 388,020, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED February 6, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
512
EXHIBIT 1
513
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between DIRT DYNASTY, INC., a ( STATE OF CA CORPORATION , with a business address at P.O.
BOX 67, FARMINGTON, CA 95230, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of NEI
GHBORHOOD
TRAFFIC MANAGEMENT PROGRAM (PROJECT NO. WT16008) , hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specificat ions adopted on _____________, by Council Resolution No. __________________ . The "contract documents, " which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the Cit y of Stockton. Total compensation for services and reimbursement for costs shall not exceed $388,020.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not co mmence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of in surance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockt on Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
EXHIBIT 2
514
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23) Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i
nsurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such cove rage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as requir ed by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcont ractors in their subcontract 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.
Subcontractors hired by CONTRACTOR ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
EXHIBIT 2
515
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23)
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmle ss, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance ob ligations contained in this agreement. These obligations shall surv ive the completion or termination of this agreement.
5. STANDARD PLANS A ND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in ac cordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. This work shall be diligent ly prosecuted to completion before the expiration of 40 WORKING DAYS begi nning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the cont ract in all parts and requirements, is not finished or completed within the number of days as set fo rth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed t hat CONTRACTOR will pay to CITY the sum of THREE THOUSAND TWO HUNDRED AND NO/100 DO LLARS ($3,200) per day for each and every calendar day's delay in finishing th e work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not pai d, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to char ge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other ov erhead expenses which are
EXHIBIT 2
516
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23) directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of fi nal surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor sha ll CONTRACTOR be assessed with liquidated damages nor the additional cost of engineeri ng and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, fl oods, epidemics, quarantine restrict ions, strikes, and freight embargoes and subject to approval by the Direc tor of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginni ng of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financ ial
assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HA
RASSMENT POLICY
The City of Stockton has a Discrim ination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffir
m the CITY’s commitment to
demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth
EXHIBIT 2
517
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23) a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, trav el time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determi nation and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensur e that the preva iling wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection, superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR , in the execution of this
EXHIBIT 2
518
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23) contract, for each calendar day duri ng which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the cont ract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this proj ect from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for moni toring their compliance with section
3.68.095.
f. SANCTIONS
Deliverables must conform with a ll applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not e ngage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the
EXHIBIT 2
519
Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23) first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certif icate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of t he contract price not as aforesai d paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require su ch extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work . A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1. 05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specif ications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to peri odically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated repr esentative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any rele vant information requested and shall permit CITY or its delegate access to its prem ises, upon reasonable not ice, during normal business hours for the purpose of intervie wing employees and inspecting and copying
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Local Construction Contract – DIRT DYNASTY, INC. – PROJECT NO. WT16008 (Updated 10/18/23) such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpos e of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties her eto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
A T T E S T : C I T Y :
ELIZA R. GARZA
CITY CLERK
B y :
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
B y :
DIRT DYNASTY, INC.
B y :
DEPUTY CITY ATTORNEY
Tax Identification No.
EXHIBIT 2
521
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
PROJECT NO. WT16008
BIDD ING SCHE DULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
ITEM
NO,
1 2
3 4
5 6
7 8
9 1Q
11 12
13 14
ITEM DESCRIPTION UNITS QUANTITY UNIT TOTAL PRICE
PRICE
Install Asphalt Concrete Speed Humps LF 50 /20, 00 f.o10DO, 00 over �xistiMPevement
Install Asphalt Concrete Speed LF 2000 '55.00 liO, ooo. 00 Cushions over ExistinaPavement
Install Asphalt Concrete Speed Tables LF 60 /{gQ,00 '11 hOO, 00 over Existina Pavement
Install Asphalt Concrete Dikes over
LF 2 15,00 15O.OD existino oavement
Install City Furnished Advance Warning
305.00 '2.�) t../oo. oo and Advisory SpeedSigns, bases, posts EA 80 /at Citv Ootion)
Install City Furnished Thermoplastic EA 300 ;ft,. 00 /{c;/l0O.O0 Chevrons
Install City Furnished Thermoplastic HOV EA 45 '2.'60.00 121((;,0O.0O Diamonds where required -- -
Install City Furnished Thermoplastic
SUMP Leaends where reauired EA 130 .j'i{0,00 i./Cf,�oo .oo Install City Furnished 4" Thermoplastic
lo,L-'20. 00 on Humps, Cushions, Tables where LF 60 I tn. 00 reaulred Install Detail 22 LF 1200 20.50 24, (p00.00
Install City Furnished Safety Bar
Zh, 4 00. ooChannelizers (Park-n-Guard) over LF 400 IP/tJ�OO existinq pavement Install Rectangular Rapid Flashing
Beacon (RRFB) LS 1 10,000.00 10,000.00
Install Radar Feedback Sign LS 1 I 2,(()5"0.00 l21 1o50,00 Install City Standard (R-31) Median 4'
x 50' Stamped Concrete Running
Bond Pattern, Davis Colors-Brick Red LS 1 !CJ, 000.00 I Cf, 000. 00 TOTAL BID � J �g 020, OQ I
BIDDER'S NAME Dirt Dynasty, Inc. ____ _..;.. _ _.;_ _____ _ Bid Fonns Page 4 of 11 Last Revised 12/31/20
I
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Insurance Requirements
(NTMP 2022 WT16008)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
EXHIBIT B
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either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
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REV 2022‐05‐17
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this
EXHIBIT B
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REV 2022‐05‐17
waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate
EXHIBIT B
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526
REV 2022‐05‐17
Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B
EXHIBIT 2
527
EXHIBIT C
EXHIBIT 2
528
EXHIBIT C
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EXHIBIT C
EXHIBIT 2
530
EXHIBIT C
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531
EXHIBIT C
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532
EXHIBIT C
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533
EXHIBIT C
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534
EXHIBIT C
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535
EXHIBIT C
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536
EXHIBIT C
EXHIBIT 2
537
EXHIBIT C
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538
EXHIBIT C
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539
EXHIBIT C
EXHIBIT 2
540
EXHIBIT C
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541
1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, DIRT
DYNASTY, INC., a (STATE OF CA CORPORATION), as Principal and __, a corporation, organized and
existing under the laws of the State of and duly authorized to transact business under the laws of t he State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, dul y created and existing under and by virtue of the laws of t he State of Californi a, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations rent ing or hiring teams, or impl ements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and mate rials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of THREE HUNDRED EIGHTY EIGHT THOUSAND TWENTY NO/ 100 DOLLARS ($388,020.00 ), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, wit h the CITY, to do and perform the following work, to-wit:
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
(PROJECT NO. WT16008)
NOW, THEREFORE, if the abov e bounden Principal, CO NTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or la bor done thereon of any kind, the Surety on EXHIBIT 2
542
2 this bond will pay the same, in an amount not exceedin g the sum specified in this bond,
provided that any and all claims hereunder shall be filed and pr oceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CI TY and no forbearance on the part of the said CITY shall operate to relieve any sure ty or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
S I G N E D A N D S E A L E D o n .
APPROVED AS TO
SURETY: By:
P R I N C I P A L
S U R E T Y
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
B y :
A T T O R N E Y - I N - F A C T
B y :
DEPUTY CITY ATTORNEY
EXHIBIT 2
543
3 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, DIRT
DYNASTY, INC., a (STATE OF CA CORPORATION), as Principal and ___, a corporation, organized and
existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of THREE HUNDRED EIGHTY EIGHT THOUSAND TWENTY NO/100 DOLLARS ($388,020.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:
NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM
(PROJECT NO. WT16008)
NOW, THEREFORE, if the above bounde d Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void ; otherwise to remain in full force and effect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
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4 SIGNED AND SEALED
on
APPROVED AS TO
SURETY: By:
P R I N C I P A L
S U R E T Y
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
B y :
A T T O R N E Y - I N - F A C T
B y :
DEPUTY CITY ATTORNEY
EXHIBIT 2
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City of Stockton
Legislation Text
File #: 24-0014, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE LED STREET LIGHTS CONVERSION, PHASE 6
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE61-23 under the California Environmental Quality Act for the LED Street Lights Conversion, Phase 6, Project No. WD23017.
2. Approve the plans and specifications for the LED Street Lights Conversion , Phase 6, Project No. WD23017.
3. Transfer funds in the amount of $20,675.03 from the LED Street Lights Conversion , Phase 5, Project No. WT22017, to the LED Street Lights Conversion, Phase 6, Project No. WD23017.
4. Transfer funds in the amount of $17,847.26 from the Residential Street Light LED Replacement, Project No. WT22005, to the LED Street Lights Conversion, Phase 6, Project No. WD23017.
5. Award a Construction Contract in the amount of $507,500 to Bear Electrical Solutions, Inc. of Alviso, CA, for the LED Street Lights Conversion, Phase 6, Project No. WD23017.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The project will convert a portion of the City’s high-pressure sodium (HPS) residential street light inventory to light-emitting diode (LED) luminaires. HPS lights use substantially more energy and converting to LED luminaires will lower ongoing operating costs.
The LED Street Lights Conversion, Phase 6, Project No. WD23017, will include converting 1,500 HPS streetlights primarily north of the Calaveras River (Attachment A). Public Works estimates annual energy savings of approximately $87,800 from this Phase 6 conversion. The project was included in the 2022-27 Five-Year Capital Improvement Plan (CIP).
On November 30, 2023, the City received six bids for this project. Staff recommends that Council award a Construction Contract to the lowest responsive bidder, Bear Electrical Solutions, Inc., in the amount of $507,500. Staff also recommends that Council adopt a resolution approving Notice of City of Stockton Printed on 2/2/2024Page 1 of 4
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File #: 24-0014, Version: 1
Exemption No. NOE61-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.
DISCUSSION
Background
The City maintains approximately 19,000 streetlights. The majority of these lights utilize HPS as a light source, which until recently was the most efficient light source available. Recent improvements to LED technology have increased efficiency and reduced initial product cost, and LED streetlights are the new preferred light source. LED streetlights use less energy and have a longer luminaire lifetime than HPS, which reduces ongoing costs for electricity and general maintenance. Staff recognized the potential savings to be achieved by converting the City’s streetlight inventory and developed a plan for an incremental conversion starting with the higher wattage HPS streetlights located on arterial roads. Conversion of these lights generates the most significant reduction in electrical consumption with an average of 60 percent, which yields the greatest financial and carbon footprint impact.
Council previously authorized the LED Street Lights Conversion, Phase 1, 2, 3, and 5 projects, which provided the conversion of 4,100 (200-watt), 1,600 (150-watt), and 7,800 (100-watt) street light fixtures. Phase 4 of the project was canceled, and the funding was allocated to the Street Lights LED Replacement, Project No. WD19017, to replace failing LED lights with new LED fixtures supplied by the manufacturer. The number of street light fixtures converted each year depends on the amount of funding available. Prior phases have provided for the conversion of all residential streetlights in south Stockton, plus all streetlights located along arterial and collector roadways citywide.
The LED Street Lights Conversion, Phase 6, project will include converting 1,500 HPS streetlights primarily north of the Calaveras River (Attachment A). After completion of this phase, there will be approximately 1,900 street light fixtures remaining for future LED conversion.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the engineer’s estimate was less than $1 million.
Present Situation
On November 2, 2023, the LED Street Lights Conversion, Phase 6, Project No. WD23017, was advertised for bids. On November 30, 2023, six bids were received with the following results:
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File #: 24-0014, Version: 1
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Bear Electrical Solutions, Inc. $507,500 $507,500
(Alviso, CA)
St. Francis Electric, LLC $532,500 $532,500
(San Leandro, CA)
Tennyson Electric, Inc. $594,500 $594,500
(Livermore, CA)
Ray’s Electric $710,000 $710,000
(Oakland, CA)
SCC Electric, Inc. $870,401 $870,401
(Novato, CA)
Collins Electrical Co., Inc. $960,000 $912,000
(Stockton, CA)
Engineer’s Estimate $495,000
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Collins Electrical Co., Inc. is located within the City of Stockton and is entitled to a five percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Bear Electrical Solutions, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Bear Electrical Solutions, Inc. of Alviso, CA, in the amount of $507,500.
The project is in conformance with the City’s General Plan, pursuant to California Government Code section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No.
NOE61-23 under CEQA.
Construction is anticipated to begin in spring 2024 and be completed by summer 2024, weather permitting.
FINANCIAL SUMMARY
There are insufficient funds in the LED Street Lights Conversion, Phase 6, Project No. WD23017, to award a Construction Contract to Bear Electrical Solutions, Inc. in the amount of $507,500.
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File #: 24-0014, Version: 1
The resolution includes the following actions to provide sufficient funding to award a Construction Contract and to fund all other construction related costs to complete the project:
1. Transfer funds in the amount of $20,675.03 from the LED Street Lights Conversion , Phase 5, Project No. WT22017, to the LED Street Lights Conversion, Phase 6, Project No. WD23017.
2. Transfer funds in the amount of $17,847.26 from the Residential Street Light LED Replacement, Project No. WT22005, to the LED Street Lights Conversion, Phase 6, Project No. WD23017.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
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ATTACHMENT A
550
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE61-23,
APPROVING THE PLANS AND SPECIFICATIONS, TRANSFERRING FUNDING, AND
AWARDING A CONSTRUCTION CONTRACT FOR THE LED STREET LIGHTS CONVERSION, PHASE 6, PROJECT NO. WD23017
On November 30, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the LED Street Lights Conversion, Phase 6, Project No. WD23017; and
The project will convert 1,500 high-pressure sodium streetlights located north of the Calaveras River to light-emitting diode (LED) luminaires; and
Bear Electrical Solutions, Inc. is the lowest responsive bidder in the amount of $507,500.00 and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 15301 (c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE61-23 under CEQA for the LED Street Lights Conversion , Phase 6, Project No. WD23017, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the LED Street Lights Conversion, Phase 6, Project No. WD23017.
3. The City Council approves the transfer of funds in the amount of $20,675.03 from the LED Street Lights Conversion, Phase 5, Project No. WT22017, to the LED Street Lights Conversion, Phase 6, Project No. WD23017.
4. The City Council approves the transfer of funds in the amount of $17,847.26 from the Residential Street Light LED Replacemen t, Project No. WT22005, to the LED Street Lights Conversion, Phase 6, Project No. WD23017.
5. The City Council awards a Construction Contract between the City of Stockton and Bear Electrical Solutions, Inc. in the amount of $507,500.00, and the City 551
Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
6. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED February 6, 2024 .
________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
__________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
552
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
CITY OF STOCKTON
NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14 SECTION 15062
PROJECT DATA
Project Title: LED STREET LIGHTS CONVERSION PHASE 6, PROJECT NO. WD23017 CEQA Exemption File No.: NOE 61-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be converting approximately 1.500 residential streetlight luminaries from existing high pressure sodium streetlights to light emitting diode located along various City streets. See attachment A for more information.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301(c).
The project is "Categorically Exempt" per CEQA Guidelines Section 15332.
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_x_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemplion(s).
CHAD REED, INTERIM DIRECTOR
PUBLIC WORKS DEPARTMENT
By��
Adriana Garibay, Project Manager
November 22 2023
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included ii on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing dale.
Signature Title
Posting Period Ending Date
EXHIBIT 1
553
CONSTRUCTION CONTRACT
This c o
ntract is made and entered into on _____________, by and between BEAR ELECTRICAL SOLUTIONS, INC. , a STATE OF CALIFORNIA, with a business address at 1252 STATE STREET P.O. BOX 924, ALVISO, CA 95002, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N
E S S E T H:
WHER
EAS, plans and specifications for the construction of LED STREET LIGHTS CONVERSION PHASE 6 (PROJECT NO. WD23017), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE O
F SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents ," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPEN
SATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $507,500.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURA
NCE. CONTRACTOR shall not commence any work before
obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shal
l be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
EXHIBIT 2
554
Furthermor
e, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The Additi
onal Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limit
s of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All self-insur
ed retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies
containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reser
ves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Failure to
exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR
shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR
agrees to include with all Subcontractors in their subcontract 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.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
EXHIBIT 2
555
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STAN
DARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Dir
ector of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKI
NG DAYS. This work shall be diligently prosecuted to completion before the expiration o f 40 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND NINE HUNDRED DOLLARS AND NO/100 DOLLARS ($ 1,900) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is
further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are
EXHIBIT 2
556
directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A work
ing day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CO
NTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFO
RMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE V
I
Titl
e VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIM
INATION AND HARASSMENT POLICY
The Cit
y of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth
EXHIBIT 2
557
a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STAN
DARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shal
l understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING
WAGE
CONTRA
CTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The CON
TRACTOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CO
NTRACTOR choose to work on a Saturday, Sunday or
on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Cali fornia. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this
EXHIBIT 2
558
contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CO
NTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CON
TRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL
EMPLOYMENT ORDINANCE
Pursua
nt to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. SANCTI
ONS
Deliv
erables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY
agrees:
8. COMP
ENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the
EXHIBIT 2
559
first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURIT
IES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS . C
ITY reserves the right to make such alterations,
deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such c
hanges will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Processi
ng of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CIT
Y reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRA
CTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying
EXHIBIT 2
560
4 8
561
LED STREET LIGHTS CONVERSION PHASE 6
PROJECT NO. WD23017
BID DING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
Item Descripti on Unit Quantity Unit price Total Price
1 Mobilization & Traffic Control LS 1 $20,000.00 $20,000.00 Convert Existing HPS Street Light to
LED (Contractor to Furnish Luminaire, EA 1,500 $325.00 $487,500.00 Photocell, Etc.)
TOTAL BID $507,500.00 --------
BIDDER'S NAME Bear Electrical Solutions, Inc.
EXHIBIT 2
EXHIBIT A
562
11{27/23, 4:Q4 PM cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetalls Contractor Information
Legal Entity Name
BEAR ELECTRICAL SOLUTIONS, INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000002158
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
P.O. BOX 924 ALVISO 95002 CA United States of...
Physical Address
1252 STATE ST ALVISO 95002 CA United States ...
Email Address
Trade N1;1_me/D8A
License Numberis)
CSLB:982079
tegal Entity Information
Agent of Service Name:
Andrew Bader
Agent of Service Mailing Address:
1252 State St/ PO Box 924 Alviso 95002 CA United States of America Corporation Number:
Federal Employment Identification Number:
President Name:
Michael Peters
Vice President Name:
Robert Asuncion
Treasurer Name:
Secretary Name:
CEO Name:
Andrew Bader
'.. Workers Compensation
Do you lease employees No
through Professional
https:/lcadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails Registration History
Effective Date Expiration :oate
5/30/2018 6/30/2019
6/19/2017 6/30/2018
6/7/2016 6/30/2017
6/24/2015 6/30/2016
10/22/2014 6/30/201$
7/1/2019 6/30/2022
7/1/2022 6/30/2025
1/2
EXHIBIT 2
EXHIBIT A
563
11/27/23, 4(04 PM
Employer Organization
' (PEO)?:·
Please provide your
current workers
compensation insurance
information below:
cadir.my.salesforce-sites.com/ContractorSearch/PrtntRegDetails
PEO PEO PEO
PEO InformationName Phone Email
Insured by Carrier
Policy Holder Name:BEAR ELECTRICAL SOLUTIONS, INC.Insurance Carrier:
HARTFORD ACCIDENT & INDEMNITYPolicy Number:57WEMJ9MENinception date:
2/1/2022Expiration Date:2/1/2023
https://cadir.my.salesforce-sites.com/ContractorSeatch/PrintRegDetails 2/2
EXHIBIT 2
EXHIBIT A
564
Exhibit B:
Insurance Requirements
(LED Street Lights Conversion Phase 6 WD23017)
Contract
or shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE A
ND LIMIT OF INSURANCE
Coverage
shall be at least as broad as:
1. Commerc
ial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile
Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Co
mpensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bon
ds as described below.
If the co
ntractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured
Retentions
Self-ins
ured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by