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B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $244,787.81. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
CITY OF STOCKTON
PUBLIC WORKS DEPARTMENT
22 E. WEBER AVENUE, ROOM 301
STOCKTON, CA 95202
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $244,787.81.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, (See Section 11 of the Professional Services Contract).
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return EXHIBIT E Page 47 of 64 ATTACHMENT B
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receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The EXHIBIT E Page 48 of 64 ATTACHMENT B
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request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
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2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action EXHIBIT E Page 50 of 64 ATTACHMENT B
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and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non- DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the EXHIBIT E Page 51 of 64 ATTACHMENT B
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equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
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a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the EXHIBIT E Page 53 of 64 ATTACHMENT B
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CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted EXHIBIT E Page 54 of 64 ATTACHMENT B
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upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
EXHIBIT E Page 56 of 64 ATTACHMENT B
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D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 – Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
EXHIBIT E Page 57 of 64 ATTACHMENT B
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C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XIX INSURANCE
See Section 3 of the Professional Services Contract.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
EXHIBIT E Page 58 of 64 ATTACHMENT B
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A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Department Head or Designee, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to EXHIBIT E Page 59 of 64 ATTACHMENT B
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be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
EXHIBIT E Page 60 of 64 ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
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E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving EXHIBIT E Page 61 of 64 ATTACHMENT B
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A&E Boilerplate Agreement Language
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the Exhibit 9-P from the CONSULTANT.
ARTICLE XXXII TITLE VI ASSURANCES
Refer to the Professional Services Contract.
ARTICLE XXXIII NOTIFICATION
Refer to the Professional Services Contract.
ARTICLE XXXIV CONTRACT
Refer to the Professional Services Contract.
ARTICLE XXXV SIGNATURES
Refer to the Professional Services Contract.
EXHIBIT E Page 62 of 64 ATTACHMENT B
Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
EXHIBIT F Page 63 of 64 ATTACHMENT B
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
EXHIBIT F Page 64 of 64 ATTACHMENT B
City of Stockton
Legislation Text
File #: 24-0688, Version: 1
APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 6 FOR THE SECURITY AND TRAFFIC VIDEO MONITORING SYSTEM
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute Professional Services Contract Amendment No. 6 in the amount of $222,621.69 with Convergint Technologies, LLC for the Security and Traffic Video Monitoring System, Project No. SEB-21-001.
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
Public Works has used cameras at signalized intersections to monitor traffic since the mid-1990’s.
Traffic monitoring allows the City to remotely diagnose field conditions and adjust timing of signals to improve traffic flows. The City’s existing security and traffic video monitoring system includes 377 cameras and peripheral equipment at various locations citywide. The system is used by both the Public Works and Police Departments to monitor traffic, safety, and security.
On October 6, 2020, by Resolution No. 2020-10-06-1104, Council awarded a three-year Cooperative Purchase Agreement in the amount of $629,526.87 to Convergint Technologies, LLC, formerly known as Ojo Technology, Inc. of Stockton, CA, to provide three years of maintenance for the security and traffic camera monitoring system for Public Works and the Police Department. The original contract included two one-year extensions.
It is recommended that Council approve Professional Services Contract Amendment No. 6 in the amount of $222,621.69 with Convergint Technologies, LLC and extend the contract to its optional final year. To date, five Professional Services Contract Amendments totaling $272,726.92 have been approved with Convergint Technologies, LLC for extending the contract term, additional camera installations, and software support. Upon approval of Amendment No. 6, the revised total contract amount will be $1,124,875.48.
Council approval is required, as Professional Services Contract Amendment No. 6 exceeds the administrative authority for amendments.
DISCUSSION
Background
Public Works has used cameras at signalized intersections to monitor traffic since the mid-1990’s.
Traffic monitoring allows the City to remotely diagnose field conditions and adjust timing of signals to City of Stockton Page 1 of 2 Printed on 8/16/2024
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File #: 24-0688, Version: 1
improve traffic flows. The City’s existing security and traffic video monitoring system includes 377 cameras and peripheral equipment at various locations citywide. The system is used by both the Public Works and Police Departments to monitor traffic, safety, and security.
On October 6, 2020, by Resolution No. 2020-10-06-1104, Council awarded a three-year Cooperative Purchase Agreement in the amount of $629,526.87 to Convergint Technologies, LLC, formerly known as Ojo Technology, Inc. of Stockton, CA, to provide three years of maintenance for the security and traffic camera monitoring system for Public Works and the Police Department. The original contract included two one-year extensions.
To date, five Professional Services Contract Amendments totaling $272,726.92 have been approved with Convergint Technologies, LLC for extending the contract term, additional camera installations, and software support.
Present Situation
Amendment Nos. 1 through 5 with Convergint Technologies, LLC were previously approved under the City Manager’s administrative authority. Amendments 1 through 5 addressed camera installations, software upgrades, and contract language to reflect Convergint’s buyout of Ojo Tech.
Professional Services Contract Amendment No. 6 in the amount of $222,621.69 will exceed the administrative amendment authority under the contract. Accordingly, Professional Services Contract Amendment No. 6 will require Council approval and result in a total contract amount of $1,124,875.48.
It is recommended that Council approve Professional Services Contract Amendment No. 6 in the amount of $222,621.69 with Convergint Technologies, LLC and extend the contract to its optional final year, August 31, 2025, for the Security and Traffic Video Monitoring System, Project No. SEB-21 -001.
Council approval is required, as Professional Services Contract Amendment No. 6 exceeds the administrative authority for amendments.
FINANCIAL SUMMARY
The cost of the contract will be split equally between Public Works and the Police Department.
Sufficient funding is available in both Public Works’ and the Police Department’s Fiscal Year (FY) 2024-25 General Fund operating accounts, to approve Professional Services Contract Amendment No. 6 in the amount of $222,621.69 with Convergint Technologies, LLC.
There is an impact to the City’s General Fund as a result of taking the recommended action.
Attachment A - Professional Services Contract Amendment No. 6 City of Stockton Page 2 of 2 Printed on 8/16/2024
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1 (Rev. 8-17-21)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number ____6___ to the above referenced Contract, is entered into on _______________ 2024, between the City of Stockton (City) and Convergint Technologies, LLC (Consultant) for the Security and Traffic Video Monitoring System, Project No. SEB-21-001.
RECITALS
Section 1, Amendment Term, states this Agreement shall remain in effect, unless terminated earlier by the City.
City has the option to extend the term of this Agreement in writing and signed by both parties; and The City needs to increase the Compensation, not to exceed amount in Section 3 for the Security and Traffic Video Monitoring System Agreement by $222,621.69, to pay the Consultant for additional services; and Now therefore, the City and the Consultant mutually agree as follows:
The termination date in Section 1, of the Agreement is amended to August 31, 2025, at agreement rates ($2 , and terms .
The total maximum compensation to be paid to the Contractor under this Agreement shall not exceed $1,124,875.48.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Contract.
CONSULTANT _____________________________________________________________________________________________ Consultants Name (if other than an individual, state whether a corporation, partnership, etc.): _____________________________________________________________________________________________ Authorized Signature Date _____________________________________________________________________________________________ Printed Name and Title of Person Signing _____________________________________________________________________________________________ Address CITY OF STOCKTON _____________________________________________________________________________________________ Harry Black, City Manager Date ATTEST: _____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, Interim City Clerk APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Contract Number: Amendment
Number:
2020-10-06-1104
419000176
6 Convergint Technologies, LLC
5860 W. Las Positas Blvd., Suite 7, Pleasanton, CA 94588
ATTACHMENT A
EXHIBIT A
,_ Ojo Technology™
� Leader in Video and Access Control Security
103 Hammond Ave. Fremont, CA 94539 I Tel: 510 249 9540 I Fax: 510 249 9545 I www.ojotech.com
4. Proposed Maintenance and Support Fee Schedules
Year 1
Year 2
Year 3
two one-year optional
Extension with 3%
increase
Year4
Year 5
9/1/2020 8/31/2021 $ 209,842.29 $17,486.86
9/1/2.021 8/31/2022 $ 209,842.29 $17,486.86
9/1/2022 8/31/2023 $ 209,842.29 $17,486.86
9/1/2023 8/31/2024 $216,137.56 $18,011.46
9/1/2024 8/31/2025 $ 222,621.69 $ 18,551.81
ATTACHMENT A
City of Stockton
Legislation Text
File #: 24-0690, Version: 1
ADOPT A RESOLUTION AND RATIFY THE EMERGENCY PURCHASE OF POLICE VEHICLES AND ONE DUMP TRUCK, AND APPROVE CONTRACT CHANGE ORDER NO. 1 WITH STOMMEL
DBA LEHR AUTO ELECTRIC
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $2,231,808.32 from the Fleet Internal Service Fund Balance to the operating Fleet Internal Service Fund, Equipment Acquisition Account.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Approve findings and ratify the City Manager’s approval to execute an Emergency Purchase Order to Phil Long Ford of Denver LLC, of Denver, CO, in the amount of $117,340, for the purchase of two Ford Utility SSV Expeditions for the Police Department.
4. Approve findings and ratify the City Manager’s approval to execute an Emergency Purchase Order to Big Valley Ford of Stockton, CA, in the amount of $117,850.70, for the purchase of one 5-yard dump truck for the Municipal Utilities Department.
5. Approve findings and ratify the City Manager’s approval to execute an Emergency Purchase Order to Folsom Lake Ford, Inc. of Folsom, CA, in the amount of $5,506,970, for the purchase of 100 Ford Police Interceptor Utility Vehicles for the Police Department.
6. Approve Contract Change Order No. 1 with Stommel DBA Lehr Auto Electric of Sacramento, CA, in the amount of $2,231,808.32 for the upfitting of police vehicles, bringing the contract total to $4,389,854.12.
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
On November 9, 2023, the City Manager approved an Emergency Single Available Source (SSJ) procurement to Phil Long Ford of Denver LLC, of Denver, CO, in the amount of $117,340, for the purchase of two Ford Utility SSV Expeditions for the Police Department (Attachment A).
On December 6, 2023, the City Manager approved an Emergency SSJ procurement to Big Valley Ford of Stockton, CA, in the amount of $117,850.70, for the purchase of one 5-yard dump truck for the Municipal Utilities Department (MUD) (Attachment B).
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File #: 24-0690, Version: 1
On February 6, 2024, the City Manager approved an Emergency SSJ procurement to Folsom Lake Ford, Inc. of Folsom, CA, in the amount of $5,506,970, for the purchase of 100 Ford Police Interceptor Utility Vehicles for the Police Department (Attachment C).
It is recommended that Council adopt a resolution ratifying the City Manager’s approval to execute Emergency Purchase Orders (POs) with Phil Long Ford of Denver LLC in the amount of $117,340 for the purchase of two Ford Utility SSV Expeditions; with Big Valley Ford in the amount of $117,850.70, for the purchase of one 5-yard dump truck; and with Folsom Lake Ford, Inc. in the amount of $5,506,970, for the purchase of 100 Ford Police Interceptor Utility Vehicles. The total purchase cost for all three Emergency POs is $5,742,160.70.
It is also recommended that the City Manager approve Contract Change Order (CCO) No. 1 with Stommel DBA Lehr Auto Electric of Sacramento, CA, in the amount of $2,231,808.32 for the upfitting of police vehicles, bringing the contract total to $4,389,854.12.
DISCUSSION
Background
On April 12, 2023, the Police Department submitted a request to the City Manager to purchase two vehicles as additions to the fleet. One vehicle was requested to support the Recruiting Division for travel to recruiting events and the second vehicle to support the Public Information Officer in traveling to City of Stockton Police Department events. Due to supply chain issues, many vendors were declining to participate in requests for proposals and these vehicles were not available on the State Contract. The vehicles were searched nationwide, and Phil Long Ford of Denver LLC was able to supply both vehicles. On November 9, 2023, an Emergency SSJ procurement was approved to issue an Emergency PO to Phil Long Ford of Denver LLC, in the amount of $117,340, to purchase two Ford Utility SSV Expeditions (Attachment A).
On November 21, 2022, Public Works solicited bids for Various Trucks, Project No. OM-23-057. The bid included a solicitation for a new 5-yard dump truck to support the Water Division of the MUD; no bid responses were received. Due to supply chain shortages, Public Works experienced delays in ordering vehicles. In response to the lack of bids, Public Works contacted several dealerships in search of a vehicle that would meet the operational needs of the MUD. On December 6, 2023, an Emergency SSJ procurement was approved to issue an Emergency PO to Big Valley Ford, in the amount of $117,850.70, to hold and secure the purchase of one 5-yard dump truck (Attachment B).
On August 22, 2023, by Resolution No. 2023-08-22-1228, Council approved the purchase of 29 Ford Police Interceptor Utility Vehicles from Folsom Lake Ford, Inc. of Folsom, CA. However, Public Works identified 100 marked patrol units that required replacement. All 100 vehicles surpassed our typical industry standards for performance and efficiency, which is 6 years or 100,000 miles. Staff contacted Folsom Lake Ford, Inc. and were able to negotiate the additional purchase of 71 units for a total purchase of 100 units. November 20, 2023, an Emergency SSJ procurement was approved to issue an Emergency PO to Folsom Lake Ford, Inc. of Folsom, CA, in the amount of $117,340, to hold and secure the purchase of 100 Ford Police Interceptor Utility Vehicles (Attachment C). The 100 vehicles are being delivered with only prewiring and paint. The dealership is not installing any lighting, sirens, or auxiliary equipment.
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File #: 24-0690, Version: 1
On March 7, 2023, by Motion No. 2023-03-07-1206, Council approved the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022, for Fiscal Year (FY) 2024-25, in which 29 Ford Police Interceptor Utility Vehicles were budgeted for upfitting. With the additional purchase of the 71 Ford Police Interceptor Utility Vehicles, Public Works is requesting the approval of CCO No. 1 for an increase of $2,231,808.32
Present Situation
The Emergency POs were processed in accordance with Stockton Municipal Code (SMC) section
3.68.070, which provides an exception to the competitive bidding process under certain circumstances, including cases of emergencies.
The total cost of two Ford Utility SSV Expeditions from Phil Long Ford of Denver LLC, one 5-yard dump truck from Big Valley Ford, and 100 Ford Police Interceptor Utility Vehicles from Folsom Lake Ford, Inc. is $5,742,160.70. It is recommended that Council adopt a resolution ratifying the total expenditure of $5,742,160.70 for the emergency vehicle purchases and the appropriate findings which support an exception to the competitive bidding process.
Public Works is requesting approval for CCO No. 1 with Stommel DBA Lehr Auto Electric, Contract No. 423000428, in the amount of $2,231,808.32. The change order will provide upfitting for the additional 71 units not accounted for in FY 2024-25, budgeting for a new total of $4,389,854.12.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The use of the Single Available Source procurement purchase is appropriate for these procurements due to supply chain issues in ordering and receiving vehicles.
2. Public Works sought out multiple resources for the supply of vehicles. Upon solicitation of requests, only one source was available for each of the postings.
3. Other agencies were competing to secure the same vehicles, and any delay would have resulted in the City not being able to readily secure the needed vehicles.
4. The use of the Single Available Source procurement is appropriate for this purchase because it allows the City to be more competitive in acquiring equipment in current industry conditions as vendors struggle to honor quoted pricing through the duration of a traditional government low-bid procurement process.
FINANCIAL SUMMARY
With the appropriation of funds in the amount of $2,231,808.32 from the Fleet Internal Service Fund (ISF) to the Fleet ISF, Equipment Acquisition, Account No. 4530-718-800004-500-000-00-45-000- 000, there will be sufficient funding for the purchase of the additional 71 Police Interceptor Utility Vehicles and CCO No. 1 with Stommel DBA Lehr Auto Electric.
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File #: 24-0690, Version: 1
MUD had sufficient funding for the 5-yard dump truck in the amount of $117,850.70 in the Water Utility Fund Vehicle Acquisition Account No. 6514-000-800003-600-000-00-65-000-000.
The Police Department had sufficient funding for the purchase of two Ford Utility SSV Expeditions in the amount of $117,340 in Project No. P022022-EQPACQ.
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 - Phil Long Ford of Denver LLC
Attachment B - Big Valley Ford
Attachment C - Folsom Lake Ford, Inc.
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBER VENDOR EMAIL DELIVERY REFERENCE VENDOR NUMBER NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE Purchase
3619
PHILL LONG FORD OF DENVER LLC
7887 W TUFTS AVE
DENVER, CO 80123
CITY OF STOCKTON
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
22403222
PUBLIC WORKS
12/07/2023
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES, AND SHIPPING PAPERS.
2024 Page 1 of 1
PW FLEET MAINTENANCE
1465 S LINCOLN ST
CITY CORPORATION YARD
STOCKTON, CA 95206
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
(209) 937-8321
5052509388 12405405 [email protected] 3619
*RUSH* Fleet-quote 2 expeditions, Phil Long Ford
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading Alanna Bindi
City of Stockton Public Works/Fleet Unit
209 937 7416
[email protected]
1 Rush-Purchase of 1 Expeditions from Phil Long Ford-quote#090523-1 dtd 111523 1.0000 EACH $60,870.0000 $60,870.00 2 Rush-Purchase of 1 Expedition from Phil Long Ford-quote#090523-1 dtd 92523 1.0000 EACH $60,870.0000 $60,870.00 Chief Financial Officer
Total Ext. Price
Purchase Order Total
Total Credit
$121,740.00
$4,400.00
$117,340.00
This instrument has been audited in the manner required by local government regulations and laws. Your jurisdiction’s specific legal text may be placed in this area.
Purchasing Copy
ATTACHMENT
Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Freight Terms
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBER VENDOR EMAIL DELIVERY REFERENCE VENDOR NUMBER NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE Purchase Order
277
BIG VALLEY FORD
3282 AUTO CENTER CIR
STOCKTON, CA 95212
CITY OF STOCKTON
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
22403228
PUBLIC WORKS
12/07/2023
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES, AND SHIPPING PAPERS.
DESTINATION
2024 Page 1 of 1
PW FLEET MAINTENANCE
1465 S LINCOLN ST
CITY CORPORATION YARD
STOCKTON, CA 95206
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
(209) 937-8321
209-870-4303 12405445 [email protected] 277
Fleet-quote from Big Valley Ford for dump truck
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading Alanna Bindi
City of Stockton Public Works/Fleet Unit
209 937 7416
[email protected]
1 Quote#231011-1 from Big Valley ford for 5yd dump truck 1.0000 EACH $108,123.5000 $108,123.50 Chief Financial Officer
Total Ext. Price
Purchase Order Total
Total Sales Tax
$108,123.50
$9,727.20
$117,850.70
This instrument has been audited in the manner required by local government regulations and laws. Your jurisdiction’s specific legal text may be placed in this area.
Purchasing Copy
ATTACHMENT
Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBER VENDOR EMAIL DELIVERY REFERENCE VENDOR NUMBER NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE Purchase Order
3751
FOLSOM LAKE FORD INC
12755 FOLSOM BLVD
FOLSOM, CA 95630
CITY OF STOCKTON
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
22404409
PUBLIC WORKS
02/06/2024
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES, AND SHIPPING PAPERS.
2024 Page 1 of 1
PW FLEET MAINTENANCE
1465 S LINCOLN ST
CITY CORPORATION YARD
STOCKTON, CA 95206
425 N. EL DORADO STREET
STOCKTON, CA 95202-1997
(209) 937-8321
916-353-2000 12407148 TAMMYDILDINE@FOLSOMLAKEFORD 3751
*EMERGENCY* FLEET, FOLSOM LAKE FORD, PD VEHICLES
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading CONTACT INFORMATION:
ALANNA BINDI - PUBLIC WORKS FLEET
209-937-7416 / [email protected]
EMERGENCY PO UTILIZING STATE OF CALIFORNIA CONTRACT #1-22-23-14C TO 1.0000 EACH $5,054,675.0000 $5,054,675.00 PURCHSE 100 2024 FORD POLICE INTERCEPTOR UTILITY VEHILCES FOR THE POLICE DEPARTMENT.
1 Chief Financial Officer
Total Ext. Price
Purchase Order Total
Total Sales Tax
$5,054,675.00
$452,295.00
$5,506,970.00
This instrument has been audited in the manner required by local government regulations and laws. Your jurisdiction’s specific legal text may be placed in this area.
Purchasing Copy
ATTACHMENT
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION RATIFYING AND APPROPRIATING FUNDS FOR THE EMERGENCY
PURCHASE OF POLICE VEHICLES AND ONE DUMP TRUCK
On November 9, 2023, the City Manager approved an Emergency Single Available Source (SSJ) procurement to Phil Long Ford of Denver LLC, Denver, CO, in the amount of $117,340.00, for the purchase of two Ford Utility SSV Expeditions for the Police Department; and
On December 6, 2023, the City Manager approved an Emergency SSJ procurement to Big Valley Ford of Stockton, CA, in the amount of $117,850.70, for the purchase of one 5-yard dump truck for the Municipal Utilities Department; and On February 6, 2024, the City Manager approved an Emergency SSJ procurement to Folsom Lake Ford of Folsom, CA, in the amount of $5,506,970.00, for the purchase of 100 Ford Police Interceptor Utility Vehicles for the Police Department; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council authorizes the appropriation of funds in the amount of $2,231,808.32 from the Fleet Internal Service Fund Balance to the operating Fleet Internal Service Fund, Equipment Acquisition Account.
2. The City Council approves findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process for emergency procurement of police vehicles and one dump truck:
a. The use of the Single Available Source procurement purchase is appropriate for these procurements due to supply chain issues in ordering and receiving vehicles.
b. Public Works sought out multiple resources for the supply of vehicles. Upon solicitation of requests, only one source was available for each of the postings.
c. Other agencies were competing to secure the same vehicles, and any delay would have resulted in the City not being able to readily secure the needed vehicles.
d. The use of the Single Available Source procurement is appropriate for this purchase because it allows the City to be more competitive in acquiring equipment in current industry conditions as vendors struggle to honor quoted pricing through the duration of a traditional government low-bid procurement process.
3. The City Council approves findings and ratifies the City Manager’s approval to execute an Emergency Purchase Order (PO) to Phil Long Ford of Denver LLC, of Denver, CO, in the amount of $117,340.00, for the purchase of two Ford Utility SSV Expeditions for the Police Department.
4. The City Council approves findings and ratifies the City Manager’s approval to execute an Emergency PO to Big Valley Ford of Stockton, CA, in the amount of $117,850.70, for the purchase of one 5-yard dump truck for the Municipal Utilities Department.
5. The City Council approves findings and ratifies the City Manager’s approval to execute an Emergency PO to Folsom Lake Ford, Inc. of Folsom, CA, in the amount of $5,506,970.00, for the purchase of 100 Ford Police Interceptor Utility Vehicles for the Police Department.
6. The City Council approves Contract Change Order No. 1 with Stommel DBA Lehr Auto Electric of Sacramento, CA, in the amount of $3,143,392.00 for the upfitting of police vehicles, bringing the contract total to $5,301,437.80, a copy of which is attached as Exhibit 1 and incorporated by this reference.
7. 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 August 20, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
Contract Change Order #: 1
Resolution/Motion No. 2023-03-07-1206_____ Purchase Order No. 423000428 (If not required enter “N/A”) Purchase Order #
Police Department and City Vehicle Up-fitting, Project No. OM-23-022 Project Number / Project Name / Activity
Original Contract Price $2,158,045.80
Approved Change Order Total $0.00
This Change Order $2,231,808.32
Revised Contract Price $ 4,389,854.12
TO Stommel DBA Lehr Auto Electric (Contractor). You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract.
Additional Work Performed for Above Referenced Project
Request for additional funding to up-fit 71 police Interceptor Utility Vehicles for the Police Department.
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
By reason of this proposed change, 0 days extension of time will be allowed.
Accepted Date 7/1/2024
Stommel DBA Lehr Auto Electric
(Contractor)
By
Title Steve Adair , Regional Sales Manager
Note: This contract change order is not effective until approved by the City Manager.
APPROVED AS TO FORM & CONTENT:
OFFICE OF THE CITY ATTORNEY
BY
Date:
ATTEST:
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK OF THE CITY OF STOCKTON
Internal Approval Routing
Date:
Submitted by Alanna Bindi, Project Manager
Date:
Approval by Nguyet Pham, Department Finance Officer
Approval Recommended by:
Date:
Chad Reed, Public Works Director
Change Order Approved By:
Date:
City Manager, Harry Black
EXHIBIT 1
Item No. Description
Manufacturer
Name Qty Unit Price Total Price
2024 Stockton Ford Utility Patrol
Front End Equipment
750501 AS124 Speaker Federal Signal 1 163.80 163.80
750501-07 Federal Signal, Bracket Vertical Mount AS124 Federal Signal 1 33.60 33.60 RB-FPIU20 Federal Signal, Rumbler Bracket Utility 2020- Federal Signal 1 44.85 44.85 RBKIT1 Federal Signal, Single, Rumbler Woofer Federal Signal 1 230.75 230.75 FK0402ITU20 Setina, PB9 Fender Wraps
Alum.
PB300/400
Setina 1 494.25 494.25
BK0802ITU20 Setina, PB450L4
w/ Federal Signal Micropulse Ultra
Setina 1 929.25 929.25
EX0011 Patrol Power Harness Front Mt. Utility 2020+ (03-0211) Patrol Power 1 798.40 798.40 I Installation Charges Labor Items 14.5 125.00 1,812.50 OEM Wig Wag and 66A Option
_____________________________________
Roof Equipment
VALR51J-1682110804 Federal Signal, 51" Valor Lightbar - Stocton 2022 PIU Federal Signal 1 2,750.00 2,750.00 HKB-FPIU20-LONG Federal Signal Hook Kit 2020+ Utility Federal Signal 1 PWAT-328-TW-SKE-SPD Wattco, Stockton Pd Antenna Wattco 1 428.18 428.18 PRO3DLWG15B-TM2 Synnex, Doberman Series 3-in-1 Antenna Cradlepoint 1 330.28 330.28 I Installation Charges Labor Items 4.25 125.00 531.25
Customer supplied Antenna, radio and cable
_____________________________________
Drivers Compartment Equipment
Ford OEM 61B OBD-II Split Connector
Ford OEM 51S Spot Light LED both sides
TREMCO-2020UTILITY Tremco Anti Theft System 20-24 Ford Interceptor Tremco 1 168.00 168.00 ECVDMLTAL00 SoundOff, LED Dome Light - White and Red Sound Off 1 82.20 82.20 LF18ES-LED Federal Signal 18" LED Littlite On/Off Switch Control, White/Red Light Modes, Vertical Mount
Federal Signal 1 97.50 97.50
Page:
Invoice Date:
Order Number:
To:
Ship
SalesPerson Blanket PO:
P.O. Number
Customer ID
Terms
Location
Ship Via
To:
Sell
SALES ORDER
SO101002
Steve Adair
65190
Phone: 209-937-8453
USA
Stockton, CA 95206
1465 South Lincoln St
City Of Stockton Corp Yard
Net 30
Lehr - Sacramento
Installation at Lehr
Phone:
USA
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
5/14/2024
1 Due Date: 6/13/2024
Quote No.
Vehicle Information:
2024 FORD UTILITY PIU
Payment Method:
EXHIBIT 1
Item No. Description
Manufacturer
Name Qty Unit Price Total Price
C-VS-1210-INUT Havis, Mid-Height Angled Console, Fits 2020-23 Ford Interceptor Utility
Havis 1 358.40 358.40
C-EB40-SSP-1P Havis, 4" Face Plate, Fits Federal Signal Smart Siren Ssp3000 Havis 1 C-EB25-XTL-1P Havis 2.5" FP Fits XTL2500, XTL5000-05, APX7500 Havis 1 C-FP-3 Havis, 3" Filler Plate Havis 2
C-FP-35 Havis, 3.5" Filler Plate Havis 1
C-FP-2 Havis, 2" Filler Plate Havis 1
C-FP-4 Havis, 4" Filler Plate Havis 1
CUP2-1001 Havis 4" Self-Adjusting Double Cup Holder Havis 1 46.90 46.90 C-USB-3 Havis USB-C & USB Type A Dual Port Charger Havis 1 69.30 69.30 C-ARM-103 Havis, Armrest For Top Mount, Console, Large Pad Havis 1 127.40 127.40 C-OHC-INUT-1 Havis, Overhead Console, Fits 2020-2023 Ford Interceptor Utility and Explorer
Havis 1 104.91 104.91
C-MD-317 Havis, Heavy Duty Computer Monitor / Keyboardmount and Motion Device
Havis 1 348.60 348.60
Havis, Keyboard w/Integ Touchpad and Kybd Mount Sys
BOM
PKG-KB-208 includes the following items
KB-108 Havis, Rugged Kb Ip65 Rated w/Touchpad Havis 1 398.30 398.30 C-KBM-201 Havis, Keyboard Adapter for Havis Keyboard Mount Havis 1 95.90 95.90
END OF ASSEMBLY
OBDCABLE25-2 Federal Signal, Obd 5' Cable Federal Signal 1 128.75 128.75 MMSU-1 Mag Mic Magnetic Mic Kit Magnetic Mic 2 39.95 79.90
GK10301S1UHK Setina, D T-Rail Mount 1 Small and 1 Universal Lock Handcuff Key
Setina 1 381.75 381.75
Customer Supplied Dock, Power supply and radio
I Installation Charges Labor Items 14.5 125.00 1,812.50 _____________________________________
Prisoner Compartment Equipment
Ford OEM Rear Door inoperable
QK0491ITU20 Setina TPO Floor Pan, Fits 2020-24 Interceptor Utility Setina 1 201.75 201.75 QK0634ITU20 Setina, Replacement Seat W/Center Pull Belts Setina 1 741.75 741.75 Page:
Invoice Date:
Order Number:
To:
Ship
SalesPerson Blanket PO:
P.O. Number
Customer ID
Terms
Location
Ship Via
To:
Sell
SALES ORDER
SO101002
Steve Adair
65190
Phone: 209-937-8453
USA
Stockton, CA 95206
1465 South Lincoln St
City Of Stockton Corp Yard
Net 30
Lehr - Sacramento
Installation at Lehr
Phone:
USA
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
5/14/2024
2 Due Date: 6/13/2024
Quote No.
Vehicle Information:
2024 FORD UTILITY PIU
Payment Method:
EXHIBIT 1
Item No. Description
Manufacturer
Name Qty Unit Price Total Price
PK0316ITU202ND Setina, #12VS Coated POLY REAR Partition 2020 Utility Setina 1 471.75 471.75 WK0595ITU20 Setina Window Barrier Polycarbonate 2020-23 Utility Setina 1 269.25 269.25 DK0100ITU20 Setina TPO Door Panels, Black, 2020-24 Utility Setina 1 239.25 239.25 PP9640 Setina VDrain For Floor Pans Setina 2 26.99 53.98 Setina #10VSC RP Coated Poly Partition W/Window Screen
BOM
PK0419ITU20TM includes the following
PT2185ITU20TM Setina VS RP Partition Transfer Kit 20-24 Utility Setina 1 329.25 329.25 BR10SSCACPR Setina, #10VS C RP Coated Poly Partition Setina 1 487.50 487.50
END OF ASSEMBLY
I Installation Charges Labor Items 8.5 125.00 1,062.50
_____________________________________
Back End Equipment
EXPMOD24 Federal Signal, 24 Channel Expansion Mod Federal Signal 1 257.50 257.50 PF200S17B Federal Signal, Siren/Light Controller, 100/200 W, OBDII Integration Capability
Federal Signal 1 1,208.00 1,208.00
XSM1-BRW-US Federal Signal, Police Fire Xtreme Federal Signal 2 88.00 176.00 Side quarter window light
SIFMJH-FPIU20-PF1 Federal Signal, Sifmjh, Stocked Federal Signal 1 1,242.18 1,242.18 Rear Trio TA
MPS63U-RAW Federal Signal, Micropulse Ultra 6, Trio Red/Amber/White Federal Signal 2 134.60 269.20 MPS63U-BAW Federal Signal, Tri-Color, 18-LED, Blue/Amber/White Federal Signal 2 134.60 269.20 (2) in Rear hatch when open (2) on rear deck by Lic Plate 416900Z-RB Federal Signal, Dual-Color, Single-Head Corner LED Head w/ In-line Flasher - Red/Blue
Federal Signal 2 68.00 136.00
Tail lights
COM3SRWC Federal Signal, 6 LED, 3" Round Light, Red/White LED Surface Mount
Federal Signal 2 67.14 134.28
TK2307ITU20 Setina, E-Z Lift Cargo Deck with Tray, Fits 2020+ Utility Setina 1 1,116.75 1,116.75 TK0241ITU20EZ Setina, Cargo Box DSC BSN Setina 1 1,349.25 1,349.25 GK10271U Setina Single T-Rail Gun Rack w/Univ XL Lock w/ #2 Key Setina 1 291.75 291.75 I Installation Charges Labor Items 28 125.00 3,500.00
Page:
Invoice Date:
Order Number:
To:
Ship
SalesPerson Blanket PO:
P.O. Number
Customer ID
Terms
Location
Ship Via
To:
Sell
SALES ORDER
SO101002
Steve Adair
65190
Phone: 209-937-8453
USA
Stockton, CA 95206
1465 South Lincoln St
City Of Stockton Corp Yard
Net 30
Lehr - Sacramento
Installation at Lehr
Phone:
USA
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
5/14/2024
3 Due Date: 6/13/2024
Quote No.
Vehicle Information:
2024 FORD UTILITY PIU
Payment Method:
EXHIBIT 1
Item No. Description
Manufacturer
Name Qty Unit Price Total Price
_____________________________________
F Shipping Charges Service Items 1 375.00 375.00
INSTALL Install Materials Service Items 1 385.00 385.00 GRAPHICS Graphic Packages Service Items 1 495.00 495.00 G Graphics Installation By Lehr Service Items 1 375.00 375.00 T Other, Delivery Or Transportation Service Items 1 425.00 425.00 MISC Vehicle Storage Service Items 1 195.00 195.00
_____________________________________
all aditional labor will be billed at $125 per hour
Amount Subject to Sales Tax 28,104.51 Subtotal: 28,904.51 Total Sales Tax: 2,529.41
Total: 31,433.92
Amount Exempt from Sales Tax 800.00
Page:
Invoice Date:
Order Number:
To:
Ship
SalesPerson Blanket PO:
P.O. Number
Customer ID
Terms
Location
Ship Via
To:
Sell
SALES ORDER
SO101002
Steve Adair
65190
Phone: 209-937-8453
USA
Stockton, CA 95206
1465 South Lincoln St
City Of Stockton Corp Yard
Net 30
Lehr - Sacramento
Installation at Lehr
Phone:
USA
Stockton, CA 95206
1465 South Lincoln Street
Alanna Bindi
City of Stockton Corp Yard - Attn: Central Stores
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
5/14/2024
4 Due Date: 6/13/2024
Quote No.
Vehicle Information:
2024 FORD UTILITY PIU
Payment Method:
EXHIBIT 1
City of Stockton
Legislation Text
File #: 24-0691, Version: 1
ADOPT RESOLUTION TO AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT FOR THE
PURCHASE OF GENERATORS AND AUTOMATIC TRANSFER SWITCHES WITH HOUSING
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Transfer funds in the amount of $625,337.93 from the 5.17 Public Wi-Fi Pilot, Project No.
WARP505, to the Citywide Generator Replacements, Project No. WARP507.
2. Transfer funds in the amount of $1,000,000 from the Generator Replacements at Fire, Project No. F024024, to the Citywide Generator Replacements, Project No. WARP507.
3. Approve the use of a Cooperative Purchase Agreement through Sourcewell Contract No. 092222-CAT to provide the City preferential pricing from Caterpillar, Inc. through affiliated vendor Holt of California.
4. Authorize a contract with Caterpillar, Inc. of Irving, TX, through affiliated vendor Holt of California of Stockton, CA, in the amount of $1,317,099.32, for the purchase of eight generators and equivalent automatic transfer switches with housing.
5. 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 resolution.
Summary
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds. The purchase of various equipment, including generators and related equipment, was identified as an eligible expense. Public Works has identified eight emergency generators in need of replacement at various Fire Stations. The proposed replacement units have surpassed their stated lifecycle and have multiple mechanical issues. Additionally, Arnold Rue Community Center has been identified as a cooling center during triple-digit heat days. Arnold Rue Community Center does not currently have an emergency generator or an automatic transfer switch (ATS). Public Works is recommending the purchase of eight generators and eight ATS to provide emergency services to various Fire Stations and the Arnold Rue Community Center (Attachment A).
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Sourcewell is a public agency based in Minnesota that issues cooperative purchasing agreements to simplify the procurement process for public agencies and take advantage of volume purchasing. Use of a cooperative purchasing agreement streamlines administrative costs and procedures while maintaining the integrity of the competitive bidding process. The specifications for the generators and ATS available through Sourcewell meet the City’s requirements for this type of equipment.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a Cooperative Purchase Agreement (COOP) through Sourcewell, for the purchase of eight generators and eight ATS, with Caterpillar, Inc. through affiliated vendor Holt of California in the amount of $1,317,099.32 (Attachments B and C).
DISCUSSION
Background
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the ARPA Coronavirus State and Local Fiscal Recovery Funds. The purchase of various equipment, including generators and related equipment, was identified as an eligible expense.
The phone lines and other emergency notification equipment at each fire station require uninterrupted power to ensure receipt of call notifications. These notifications are crucial and directly dispatch fire personnel to an emergency. The proposed replacement of generators and the installation of the appropriate hardware will allow the generators to automatically transfer the stations to backup power when a power outage occurs. This will ensure that the facilities and equipment will be able to operate consistently during blackouts and critical events. The planned replacements increase the resources available for preventative maintenance and are critical to the availability and performance of the Fire Department’s facilities and emergency responses.
In summer and other harsh weather conditions, PG&E, along with the California Independent System Operator, decides when rotating outages are necessary to reduce demand on the power grid. These outages rotate through California, affect large geographical areas, and can last for a few hours at a time. The City has designated the Arnold Rue Community Center to be a fully functional cooling center when we enter triple-digit weather. The Arnold Rue Community Center also serves as a warming center during the winter. Installing a backup generator at the Arnold Rue Community Center will allow it to continue to serve as a cooling and warming center for the community during power outages.
The City’s replacement criteria for emergency generators, based on industry standards for performance and efficiency, is 15-20 years. Adherence to this standard replaces equipment before routine failures and breakdowns are experienced, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all fleet equipment, which includes emergency generators. Fleet staff identified eight in-service generators that have exceeded the age criteria and have recurring mechanical or operational problems. Replacement of the units located at Fire Station Nos. 1, 2, 3, 4, 10, 11, and Emergency Communications Dispatching (ECD) is recommended.
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Present Situation
Staff recommends the replacement purchase of generators and ATS for Fire Station Nos. 1, 2, 3, 4, 10, 11, and ECD (Attachment B), along with the additional purchase of one generator and ATS for the Arnold Rue Community Center (Attachment C) utilizing a COOP with Sourcewell. Assessments were completed at each facility location to determine the power load requirement and equipment needed to ensure full backup power to the site. The specifications for the proposed equipment have been approved by Public Works’ staff.
Sourcewell is a public agency based in Minnesota that serves as a contracting agency to streamline the procurement process for public agencies and takes advantage of volume purchasing. All Sourcewell contracts have been competitively bid, solicited nationally, reviewed, evaluated by a committee, and recommended to the Sourcewell Board of Directors for consideration of award. The use of these contracts is optional and is available to California State and local government agencies.
It is recommended that Council adopt a resolution authorizing the City Manager to execute a COOP through Sourcewell, for the purchase of eight generators and equivalent ATS with housing, with Caterpillar, Inc. through affiliated vendor Holt of California in the amount of $1,317,099.32. The equipment being replaced will be removed from the fleet and sold at public auction.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bid process. These findings include:
1. Sourcewell established a COOP with Caterpillar, Inc. through affiliated vendor Holt of California for the purchase of eight generators and equivalent ATS with housing.
2. The Caterpillar, Inc. COOP was established pursuant to a formal competitive bidding process conducted by Sourcewell on behalf of its governmental members, of which the City is one.
3. Taking advantage of the leveraged procurement agreements negotiated by Sourcewell will save the administrative expense of City staff conducting separate procurements.
4. The specifications for the equipment available through the Sourcewell contract meet the City’s requirements for their type of equipment.
Staff recommends that Council adopt a resolution authorizing the City Manager to execute a COOP through Sourcewell, for the purchase of eight generators and eight ATS, with Caterpillar, Inc. through affiliated vendor Holt of California of Stockton, CA, in the amount of $1,317,099.32.
FINANCIAL SUMMARY
With the transfer of funds in the amount of $625,337.93 from the 5.17 Public Wi-Fi Pilot, Project No.
WARP505, and $1,000,000 from the Generator Replacements at Fire, Project No. F024024, to the Citywide Generator Replacements, Project No. WARP507, there will be sufficient funding to authorize City of Stockton Page 3 of 4 Printed on 8/16/2024
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a contract with Caterpillar, Inc. through affiliated vendor Holt of California, in the amount of $1,011,928.75 for the purchase of seven generators and seven ATS.
There is sufficient funding available in the Fleet ISF Equipment Acquisition Fund, Account No. 4530- 718-800004-500-000, to authorize a contract with Caterpillar, Inc. through affiliated vendor Holt of California, in the amount of $305,170.57 for the purchase of one generator and one ATS for the Arnold Rue Community Center.
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 - Equipment Replacement List
Attachment B - Quote from Holt of California (Fire Stations) Attachment C - Quote from Holt of California (Arnold Rue Community Center) City of Stockton Page 4 of 4 Printed on 8/16/2024
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Generator Replacement List
Unit # Year Make Description Replacement
Reason Department Location
1372 1980 KOH GENERATOR Over Age Fire Fire Station 3
2250 1987 KOH GENERATOR Over Age Fire Fire Station 2
2253 1974 KOH GENERATOR Over Age Fire Fire Station 11
2392 1993 KOH GENERATOR Over Age Fire Fire Station 1
5080 2004 OLY GENERATOR Over Age Fire ECD
5116 2006 CAT GENERATOR Over Age Fire Fire Station 4
5145 2005 KOH GENERATOR Over Age Fire Fire Station 10
ADD GENERATOR CDD Arnold Rue
ATTACHMENT A
Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
July 03, 2024
Project: Fire Station Nos. 1, 2, 3, 4, 10, 11, and ECD
City of Stockton – Sourcewell Pricing
Quote # ddh122023D2 – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:
XQ125 – 110kW – Diesel Powered Genset --------------------------- $114,210.00 (Each) EPA/CARB TIER 4 FINAL EMISSION CERTIFIED
60 Hz, 110kW STANDBY - 208V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for seven (7) of the XQ125 gensets ---------------------------------------- $799,470.00 9% Sales Tax on $799,470.00 ---------------------------------------------------------- $71,952.30 Total including Sales Tax ------------------------------------------------------------- $871,422.30 CG400 - 400A - Auto Transfer Switch -------------------------------------- $6,280.00 (Each)
TRUONE CG CONTROLLER
OPEN TRANSITION
STANDARD - NO BYPASS
NEMA 3R 400 AMPS
Total for seven (7) of the CG400 ATSs ---------------------------------------------- $43,960.00 9% Sales Tax on $43,960.00 -------------------------------------------------------------- $3,956.40 Total including Sales Tax ---------------------------------------------------------------- $47,916.40 Foxfab 400A Manual TS for Temp Genset ------------------------------- $12,135.00 (Each) FFCC-C2-400-FT-U4-G-ALU-LA
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for seven (7) of the 400A MTSs ------------------------------------------------ $84,945.00 9% Sales Tax on $84,945.00 -------------------------------------------------------------- $7,645.05 Total including Sales Tax ---------------------------------------------------------------- $92,590.05 Grand Total Including 9% Sales Tax – $1,011,928.75
ATTACHMENT B
Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
July 02, 2024
Project: Arnold Rue Community Center
City of Stockton – Sourcewell Pricing
Quote # ddh122023D1 – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:
(One) XQ330 – 288kW – Diesel Powered Genset ---------------------------- $243,480.00 EPA/CARB TIER 4 FINAL EMISSION CERTIFIED
60HZ 202 VOLT (WYE)
60 HZ, 264 KW Prime – 288kW Standby
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for One (1) of the XQ330 Genset ------------------------------------------ $243,480.00 9% Sales Tax on $243,480.00 -------------------------------------------------------- $21,913.20 Total including Sales Tax ----------------------------------------------------------- $265,393.20 (One) CG1000 - 1000A - Auto Transfer Switch -------------------------------- $13,636.00
TRUONE CG CONTROLLER
OPEN TRANSITION
STANDARD - NO BYPASS
NEMA 3R 1000A
1000 AMPS
Total for One (1) of the 1000A ATS ----------------------------------------------- $13,636.00 9% Sales Tax on $13,636.00 ---------------------------------------------------------- $1,227.24 Total including Sales Tax ------------------------------------------------------------ $14,863.24 (One) Foxfab 1000A Manual TS for Temp Genset --------------------------- $22,857.00 FFCC-C2-1000-FT-U4-G-ALU-LA
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for One (1) of the 1000A MTS ----------------------------------------------- $22,857.00 9% Sales Tax on $22,857.00 ---------------------------------------------------------- $2,057.13 Total including Sales Tax ------------------------------------------------------------ $24,914.13 Grand Total Including 9% Sales Tax – $305,170.57
ATTACHMENT C
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING A COOPERATIVE PURCHASE AGREEMENT AND
TRANSFERRING FUNDS FOR THE PURCHASE OF GENERATORS AND
AUTOMATIC TRANSFER SWITCHES WITH HOUSING
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072.00 in the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds. The purchase of various equipment, including generators and related equipment, was identified as an eligible expense; and The Public Works Department recommends the replacement purchase of generators and Automatic Transfer Switches (ATS) at Fire Station Nos. 1, 2, 3, 4, 10, 11, and Emergency Communications Dispatching, along with the additional purchase of one generator and ATS for the Arnold Rue Community Center; and Sourcewell is a public agency based in Minnesota that serves as a municipal contracting agency. The use of these contracts is optional and is available to California State and local government agencies; and
Sourcewell has a contract with Caterpillar, Inc. for preferential pricing of electrical energy power generation equipment with related parts, supplies, and services. The specifications for the equipment available through the Sourcewell contract meet the City’s requirements for their type of equipment; and
The Cooperative Purchase Agreement (COOP) that includes Holt of California and other vendors was established pursuant to a formal competitive bidding process conducted by Sourcewell on behalf of its governmental members, of which the City is one; and
For the purchase of eight generators and eight ATS, staff recommends utilizing a Sourcewell contract with Caterpillar, Inc. of Irving, TX, through affiliated vendor Holt of California of Stockton, CA, in the amount of $1,317,099.32; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the transfer of funds in the amount of $625,337.93 from the 5.17 Public Wi-Fi Pilot, Project No. WARP505, to the Citywide Generator Replacements, Project No. WARP507.
2. The City Council approves the transfer of funds in the amount of $1,000,000.00 from the Generator Replacements at Fire, Project No. F024024, to the Citywide Generator Replacements, Project No. WARP507.
3. The City Council approves the use of a COOP through Sourcewell Contract No. 092222-CAT, to provide the City preferential pricing from Caterpillar, Inc. through affiliated vendor Holt of California.
4. The City Council authorizes a contract in the amount of $1,317,099.32 with Caterpillar, Inc. through affiliated vendor Holt of California for the purchase of eight generators and eight ATS, a copy of which is attached as Exhibit 1 and is incorporated by this reference.
5. The City Council approves the following findings in support of an exception to the competitive bid process pursuant to Stockon Municipal Code section 3.68.070:
a. Sourcewell established a COOP with Caterpillar, Inc. through affiliated vendor Holt of California for the purchase of eight generators and eight ATS. b. The Caterpillar, Inc. COOP was established pursuant to a formal competitive bidding process conducted by Sourcewell on behalf of its governmental members, of which the City is one.
c. Taking advantage of the leveraged procurement agreements negotiated by Sourcewell will save the administrative expense of City staff conducting separate procurements.
d. The specifications for the equipment available through the Sourcewell contract meet the City’s requirements for their type of equipment.
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 August 20, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1 (Rev. 9.30.22)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
Sourcewell
2. Contractor: Caterpillar Inc.
3. Cooperative Agency
Agreement Name and
Agreement Number:
Sourcewell, Electrical Energy Power Generation
Equipment, #092222-CAT
4. Cooperative Agency Initial
Agreement Term:
Start Date: December 6, 2022
End Date: November 22, 2026
5. Cooperative Agency’s
Agreement-Options to
extend:
Agreement may be extended for a fifth year.
6. Cooperative Agency
Amended Term:
NA
7. Cooperative Agency
Remaining Options to
Renew:
1 one-year renewal option remaining.
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: Upon Execution
End Date: November 22, 2026
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Sourcewell, Electrical Energy Power Generation Equipment, #092222-CAT (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
EXHIBIT 1
Not to Exceed $1,317,099.32 for the term of the
Agreement.
2 (Rev. 9.30.22)
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through November 22, 2026, unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
EXHIBIT 1
To the fullest extend permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply whit any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in all way be limited by the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for electrical energy power generation equipment available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way shall payment of the Contractor during the term of this Agreement exceed $1,317,099.32 the purchases of generators, ATSs, and associated equipment. Any person signing this Agreement on behalf of the City and Contractor does warrants that he or she has full authority to do so.
4. 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.
5. Applicable Law:Deliverables 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.
6. Special Funding: If Special Funding is applicable, Exhibit D - Special Funding Terms and Conditions are incorporated herein.
EXHIBIT 1
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON
Harry Black, City Manager
Date: _______ _
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori Asuncion, City Attorney
Print name
(Rev. 9.30.22)
HOLT OFCALJ Byrz/=V�Signature
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By:---------
Signature
Title:
4 (Rev. 9.30.22)
EXHIBIT A
EXHIBIT 1
SOURCEWELL
STATE OF MINNESOTA
Member ____________ moved the adoption of the following Resolution:
RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES 7/19/2022
Resolution No. 2022-20
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 Sourcewells 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 hereby approves the solicitation of categories.
The motion for the adoption of the foregoing resolution 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 1
APPENDIX A
SOURCEWELL PROCUREMENT DEPARTMENT
BOARD ITEMS July 2022
Requesting Board permission to Re Solicit the following categories:
NEW CONTRACTS
Supplier Name Contract Number Solicitation Title
Advanta Health Solutions, Inc. 051922 ADV "Wellness Engagement Program Solutions and Related Services" HealthSource Solutions, LLC 051922 HSS "Wellness Engagement Program Solutions and Related Services" Lifemark Occupational Health and Wellness 051922 LFM "Wellness Engagement Program Solutions and Related Services" Propel, Inc. 051922 PRL "Wellness Engagement Program Solutions and Related Services" Telligen, Inc. 051922 TGN "Wellness Engagement Program Solutions and Related Services" Virgin Pulse, Inc. 051922 VRG "Wellness Engagement Program Solutions and Related Services" WellSpark Health, Inc. 051922 WSH "Wellness Engagement Program Solutions and Related Services"
CONTRACT EXTENSIONS
Supplier Name Contract Number Solicitation Title
NEW IDIQ CONTRACTS
Company Name Contract Number State Region Type of Work
Mans Construction Company NM R1 E 060222 MCO New Mexico Region 1 Electrical Ross Wes Electrical Services NM R1 E 060222 RWE New Mexico Region 1 Electrical Core Construction Services of Texas NM R1 GC 060222 CCT New Mexico Region 1 General Construction Consolidated Builders of NM NM R1 GC 060222 COB New Mexico Region 1 General Construction GM Builders, Inc. NM R1 GC 060222 GMB New Mexico Region 1 General Construction HB Construction, Inc. NM R1 GC 060222 HCO New Mexico Region 1 General Construction Mans Construction Company NM R1 GC 060222 MCO New Mexico Region 1 General Construction Dallago Corporation NM R1 HVAC 060222 DCO New Mexico Region 1 Mechanical/HVAC Dallago Corporation NM R1 P 060222 DCO New Mexico Region 1 Plumbing National Roofing Company, Inc. NM R1 R 040622 NRC New Mexico Region 1 Roofing DKG & Associates, Inc. NM R1 R 060222 DKG New Mexico Region 1 Roofing GM Builders, Inc. NM R1 R 060222 GMB New Mexico Region 1 Roofing Mans Construction Company NM R2 E 060222 MCO New Mexico Region 2 Electrical Ross Wes Electrical Services NM R2 E 060222 RWE New Mexico Region 2 Electrical Core Construction Services of Texas NM R2 GC 060222 CCT New Mexico Region 2 General Construction Consolidated Builders of NM NM R2 GC 060222 COB New Mexico Region 2 General Construction GM Builders, Inc. NM R2 GC 060222 GMB New Mexico Region 2 General Construction HB Construction, Inc. NM R2 GC 060222 HCO New Mexico Region 2 General Construction WWRC, Inc. NM R2 GC 060222 WRI New Mexico Region 2 General Construction WWRC, Inc. NM R2 HVAC 060222 WRI New Mexico Region 2 Mechanical/HVAC WWRC, Inc. NM R2 P 060222 WRI New Mexico Region 2 Plumbing DKG & Associates, Inc. NM R2 R 060222 DKG New Mexico Region 2 Roofing GM Builders, Inc. NM R2 R 060222 GMB New Mexico Region 2 Roofing National Roofing Company, Inc. NM R2 R 060222 NRC New Mexico Region 2 Roofing WWRC, Inc. NM R2 R 060222 WRI New Mexico Region 2 Roofing Mans Construction Company NM R3 E 060222 MCO New Mexico Region 3 Electrical Consolidated Builders of NM NM R3 GC 060222 COB New Mexico Region 3 General Construction Jim Sena Construction Co., Inc. NM R3 GC 060222 JSC New Mexico Region 3 General Construction Junior Builders NM R3 GC 060222 JUB New Mexico Region 3 General Construction Trailers with Related Equipment, Accessories, and Services Conducted Energy Weapons
Requesting Board permission to Solicit the following categories:
Electrical Energy Power Generation with Related Services EXHIBIT 1
BOARD ITEMS July 2022
Electrical Energy Power Generation with Related Services APPENDIX A Continued
WWRC, Inc. NM R3 HVAC 060222 WRI New Mexico Region 3 Mechanical/HVAC Junior Builders NM R3 P 060222 JUB New Mexico Region 3 Plumbing WWRC, Inc. NM R3 P 060222 WRI New Mexico Region 3 Plumbing GM Builders, Inc. NM R3 R 060222 GMB New Mexico Region 3 Roofing Jim Sena Construction Co., Inc. NM R3 R 060222 JSC New Mexico Region 3 Roofing WWRC, Inc. NM R3 R 060222 WRI New Mexico Region 3 Roofing Mans Construction Company NM R4 E 060222 MCO New Mexico Region 4 Electrical Consolidated Builders of NM NM R4 GC 060222 COB New Mexico Region 4 General Construction Jim Sena Construction Co., Inc. NM R4 GC 060222 JSC New Mexico Region 4 General Construction Junior Builders NM R4 GC 060222 JUB New Mexico Region 4 General Construction National Construction, Inc. NM R4 GC 060222 NCI New Mexico Region 4 General Construction WWRC, Inc. NM R4 GC 060222 WRI New Mexico Region 4 General Construction WWRC, Inc. NM R4 HVAC 060222 WRI New Mexico Region 4 Mechanical/HVAC Junior Builders NM R4 P 060222 JUB New Mexico Region 4 Plumbing Master Plumbers, LLC NM R4 P 060222 MAP New Mexico Region 4 Plumbing WWRC, Inc. NM R4 P 060222 WRI New Mexico Region 4 Plumbing DKG & Associates, Inc. NM R4 R 060222 DKG New Mexico Region 4 Roofing GM Builders, Inc. NM R4 R 060222 GMB New Mexico Region 4 Roofing Jim Sena Construction Co., Inc. NM R4 R 060222 JSC New Mexico Region 4 Roofing Mans Construction Company NM R4 R 060222 MCO New Mexico Region 4 Roofing WWRC, Inc. NM R4 R 060222 WRI New Mexico Region 4 Roofing Mans Construction Company NM R5 E 060222 MCO New Mexico Region 5 Electircal Ross Wes Electrical Services NM R5 E 060222 RWE New Mexico Region 5 Electircal Core Construction Services of Texas NM R5 GC 060222 CCT New Mexico Region 5 General Construction Consolidated Builders of NM NM R5 GC 060222 COB New Mexico Region 5 General Construction GM Builders, Inc. NM R5 GC 060222 GMB New Mexico Region 5 General Construction HB Construction, Inc. NM R5 GC 060222 HCO New Mexico Region 5 General Construction White Sands Construction, Inc. NM R5 GC 060222 WSC New Mexico Region 5 General Construction DKG & Associates, Inc. NM R5 R 060222 DKG New Mexico Region 5 Roofing GM Builders, Inc. NM R5 R 060222 GMB New Mexico Region 5 Roofing Mans Construction Company NM R5 R 060222 MCO New Mexico Region 5 Roofing National Roofing Company, Inc. NM R5 R 060222 NRC New Mexico Region 5 Roofing Smith Roofing, Inc. NM R5 R 060222 SMR New Mexico Region 5 Roofing IDIQ Contract Extensions
Company Name Contract Number Place Services, Inc. KY E GC01 062420 PLS The Lusk Group KY E RW01 062420 LMC
Calhoun Construction Services KY NC GC02 062420 CAC
The Lusk Group KY W E02 062420 LMC
Tecta America Corp. KY W RW02 062420 TEA
Place Services, Inc. KY NC GC03 062420 PLS
Place Services, Inc. KY NC E01 062420 PLS
The Lusk Group KY NC RW01 062420 LMC
The Lusk Group KY NC E02 062420 LMC
The Lusk Group KY W RW01 062420 LMC
Tecta America Corp. KY NC RW02 062420 TEA
Tecta America Corp. KY E RW02 062420 TEA
Triton Services, Inc. KY NC HVAC01 062420 TRS
The Lusk Group KY W GC03 062420 LMC
The Lusk Group KY E HVAC01 062420 LMC
The Lusk Group KY E E02 062420 LMC
The Lusk Group KY NC GC05 062420 LMC
The Lusk Group KY E GC03 062420 LMC
Place Services, Inc. KY W E01 062420 PLS
Place Services, Inc. KY W GC01 062420 PLS
Place Services, Inc. KY E E01 062420 PLS
Triton Services, Inc. KY NC GC01 062420 TRS
The Lusk Group KY W HVAC01 062420 LMC
F.H. Paschen, S.N. Nielsen & Associates, LLC KY NC GC04 062420 FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY W GC02 062420 FHP F.H. Paschen, S.N. Nielsen & Associates, LLC KY E GC02 062420 FHP The Lusk Group KY NC HVAC02 062420 LMC
EXHIBIT 1
SOURCEWELL
STATE OF MINNESOTA
Member ____________ moved the adoption of the following Resolution:
RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS
12/20/2022
Resolution No. 2022-34
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 Sourcewells 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 resolution 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 1
APPENDIX A
SOURCEWELL PROCUREMENT DEPARTMENT
BOARD ITEMS Decemberr 2022
NONE
Requesting Board permission to Re Solicit the following categories:
NEW CONTRACTS
Supplier Name Contract Number Solicitation Title
Axon Enterprise, Inc. 092722 AXN "Conducted Energy Weapons" Phazzer, LLC 092722 PZR "Conducted Energy Weapons" Caterpillar, Inc. 092222 CAT "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
Cummins, Inc. 092222 CMM
"Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
Generac Power Systems 092222 GNR
"Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
Kohler Company 092222 KOH
"Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
MTU Americas dba Rolls Royce Solutions America, Inc. 092222 RYC "Electrical Energy Power Generation Equipment with Related Parts, Supplies and Services"
CONTRACT EXTENSIONS
Supplier Name Contract Number Solicitation Title
Company Name Contract Number State Region Type of Work
Ernst & Young Advisors 101718 EYG "Wireless Technology Infrastructure Consultative Services" W.W. Grainger, Inc. 121218 WWG "Facility MRO, Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services"
CNH Industrial 032119 CNH
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
Hyundai Construction Equipment 032119 HCE
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
Komatsu America Corp. 032119 KOM
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
Volvo, LLC 032119 VCE
"Heavy Construction Equipment with Related Accessories, Attachments, and Supplies"
SHI International Corp. 081419 SHI "Technology Catalog Solutions" CDW Government, LLC 081419 CDW "Technology Catalog Solutions" GovConnection, Inc. 081419 GVC "Technology Catalog Solutions" Colonial Life & Accident Insurance 100319 CLA "Group Employee Benefits and Related Services" National Cooperative Leasing 011620 NCL "Tax Exempt Municipal Leasing with Related Services" Staples Contract & Commercial 012320 SCC "Office Supply Catalog Solutions"
NEW IDIQ CONTRACTS
IDIQ Contract Extensions
Company Name Contract Number Lee Construction and Maintenance Company TX NT EC 101619 LCM Recycling and Repurposing Equipment
Salt, Brine, and Anti Icing or De Icing Agents, and Brine Production and Storage Systems Employee Financial Wellness Programming and Related Employer Sponsored Financial Solutions Requesting Board permission to Solicit the following categories:
Scoreboards, Digital Displays, and Video Boards with Related Services EXHIBIT 1
BOARD ITEMS Decemberr 2022
"Electrical Energy Power Generation Equipment with Related Caterpillar, Inc. 092222 CAT Parts, Supplies and Services" "Electrical Energy Power Generation Equipment with Related Cummins, Inc. 092222 CMM Parts, Supplies and Services"
"Electrical Energy Power Generation Equipment with Related Generac Power Systems 092222 GNR Parts, Supplies and Services" "Electrical Energy Power Generation Equipment with Related Kohler Company 092222 KOH Parts, Supplies and Services" "Electrical Energy Power Generation Equipment with Related MTU Americas dba Rolls Royce Solutions America, Inc. 092222 RYC Parts, Supplies and Services" APPENDIX A Continued
G2 General Contractors TX NT APC 101619 GGC
G2 General Contractors TX NT P 101619 GGC
G2 General Contractors TX NT W 101619 GGC
Centennial Contractors Enterprises, Inc. TX NT GC 101619 CCE Gomez Floor Covering, Inc. dba GFC Contracting TX NT F 101619 GFC Dallas Harmony Construction, LLC TX NT APC 101619 DHC
CORE Construction Services of Texas, Inc. TX NT APC 101619 CCT CORE Construction Services of Texas, Inc. TX NT P 101619 CCT Lee Construction and Maintenance Company TX NT P 101619 LCM Gomez Floor Covering, Inc. dba GFC Contracting TX NT P 101619 GFC Lee Construction and Maintenance Company TX NT GC 101619 LCM WR Construction, Inc. TX PH GC 101619 WRC
CORE Construction Services of Texas, Inc. TX PH GC 101619 CCT CORE Construction Services of Texas, Inc. TX PH APC 101619 CCT CORE Construction Services of Texas, Inc. TX PH P 101619 CCT Tri State General Contracting Group, Inc. TX PH GC 101619 JRT G2 General Contractors TX NT GC 101619 GGC
G2 General Contractors TX NT RC 101619 GGC
Dallas Harmony Construction, LLC TX NT GC 101619 DHC
Dallas Harmony Construction, LLC TX NT P 101619 DHC
Dallas Harmony Construction, LLC TX NT F 101619 DHC
Freedom Construction a series of tFg Companies, LLC TX NT GC 101619 FRC Teinert Construction TX PH GC 101619 TCB
SDB, Inc. TX PH GC 101619 SDB
Lee Construction and Maintenance Company TX NT F 101619 LCM Teinert Construction TX NT GC 101619 TCB
CORE Construction Services of Texas, Inc. TX NT GC 101619 CCT Henthorn Commercial Construction, LLC TX NT GC 101619 HCL CORE Construction Services of Texas, Inc. TX PH F 101619 CCT F.H. Paschen, S.N. Nielsen & Associates, LLC TX NT GC 101619 FHP SDB, Inc. TX NT GC 101619 SDB
CORE Construction Services of Texas, Inc. TX NT F 101619 CCT F.H. Paschen, S.N. Nielsen & Associates, LLC TX PH GC 101619 FHP Nouveau Construction and Technology Services, LP TX NT GC 101619 NCT Henthorn Commercial Construction, LLC TX PH GC 101619 HCL Julius Kaaz Construction Company, Inc. MO KC P01 111319 JKC Straub Construction Company, Inc. KS E GC01 111319 STC
BKM Construction, LLC MO KC GC02 111319 BKM
Straub Construction Company, Inc. MO KC GC04 111319 STC RoofConnect Logistics, Inc. KS E R02 111319 RCL
RoofConnect Logistics, Inc. MO KC R02 111319 RCL
Julius Kaaz Construction Company, Inc. MO KC GC01 111319 JKC MTS Contracting, Inc. MO KC GC03 111319 MTS
BKM Construction, LLC KS W GC01 111319 BKM
RoofConnect Logistics, Inc. KS W R02 111319 RCL
Platinum Roofing, Inc. KS E R01 111319 PLR
Platinum Roofing, Inc. KS W R01 111319 PLR
MTS Contracting, Inc. KS E GC03 111319 MTS
Platinum Roofing, Inc. MO KC R01 111319 PLR
BKM Construction, LLC KS E GC02 111319 BKM
EXHIBIT 1
All Discounts listed are for "Standby Ratings only unless otherwise stated".
NOTE: Due to global supply chain cost increases:
1. All new generators are subject to a commodity surcharge of up to 20%.
List Price Discount
C2.2, 60 HZ, 40 - 60 kW Diesel (Reference the "PSNA-EPG-F_C2.2PGABR" Caterpillar Price List) D20 - 20 kW 19%
D25 - 25 kW 19%
D30 - 30 kW 19%
C4.4, 60 HZ, 40 - 60 kW Diesel (Reference the "PSNA-EPG-F_C4.4LCABR" Caterpillar Price List) D40 - 40 kW 31%
D50 - 50 kW 31%
D60 - 60 kW 31%
C4.4, 60 HZ, 80 - 100 kW Diesel (Reference the "PSNA-EPG-F_C4.4PGABR" Caterpillar Price List) D80 - 80 kW 31%
D100 - 100 kW 31%
C4.4 GC, 60 HZ, 200 - 300 kW Diesel (Reference the "C4.4 GCABR" Caterpillar Price List) D40 - 40 kW 31%
D50 - 50 kW 31%
D60 - 60 kW 31%
D80 - 80 kW 31%
D100 - 100 kW 31%
C7.1, 60 HZ, 125 - 200 kW Diesel (Reference the "PSNA-EPG-F_C7.1PGABR" Caterpillar Price List) D125 - 125 kW 35%
D150 - 150 kW 35%
D175 - 175 kW 35%
D200 - 200 kW 35%
C7.1 GC, 60 HZ, 200 - 300 kW Diesel (Reference the "C9 GCABR" Caterpillar Price List) D125 - 125 kW 31%
D150 - 150 kW 31%
D175 - 175 kW 31%
D200 - 200 kW 31%
C9, 60 HZ, 200 - 300 kW Diesel (Reference the "PSNA-EPG-F_C9PGAM" Caterpillar Price List) 200 kW 33%
250 kW 37%
300 kW 37%
C9 GC, 60 HZ, 200 - 300 kW Diesel (Reference the "C9 GCABR" Caterpillar Price List) 250 kW 31%
300 kW 31%
C13, 60 HZ, 350 - 400 kW Diesel (Reference the "PSNA-EPG-F_C13PGAM" Caterpillar Price List) 350 kW 37%
400 kW 37%
C13 GC, 60 HZ, 350 - 400 kW Diesel (Reference the "C13 GCABR" & "C13 GCAM" Caterpillar Price List) 350 kW 31%
400 kW 31%
C15, 60 HZ, 350 - 500 kW Diesel (Reference the "PSNA-EPG-F_C15PGAM" Caterpillar Price List) 350 kW 37%
400 kW 37%
450 kW 37%
500 kW 37%
C15 GC, 60 HZ, 350 - 500 kW Diesel (Reference the "C15 GCABR" & "C15 GCAM" Caterpillar Price List) 350 kW 31%
400 kW 31%
450 kW 31%
500 kW 31%
C18, 60 HZ, 550 - 750 kW Diesel (Reference the "PSNA-EPG-F_C18PGAM" Caterpillar Price List) 550 kW 37%
600 kW 37%
650 kW 33%
700 kW 33%
750 kW 33%
Caterpillar Sourcewell Member Discounts
Stationary Diesel
#Caterpillar: Confidential Green
EXHIBIT 1
C18 GC, 60 HZ, 550 - 600 kW Diesel (Reference the "C18 GCAM" Caterpillar Price List) 550 kW 31%
600 kW 31%
C18, 60 HZ, EPA Tier 4f, - 455 KW Diesel (Reference the "PSNA-EPG-F_C18PKAM" Caterpillar Price List) 455 kW Prime Power 20%
500 kW 20%
C27, 60 HZ, 750 - 800 kW Diesel (Reference the "PSNA-EPG-F_C27PGBG" Caterpillar Price List) 750 kW 32%
800 kW 32%
C32, 60 HZ, 1000 - 1250 kW Diesel (Reference the "PSNA-EPG-F_C32PGDG" Caterpillar Price List) 1000 kW 33%
1250 kW 34%
C27 GC, 60 HZ, 800 kW Diesel (Reference the "V12 GCAG" Caterpillar Price List) D800 - 800 kW 31%
C32 GC, 60 HZ, 1000-1250 kW Diesel (Reference the "V12 GCAG" Caterpillar Price List) D1000 - 1000 kW 31%
D1250 - 1250 kW 31%
3512C, 60 HZ, 1500 - 1750 kW Diesel
(EPA Tier 2 & CARB Emissions Certified (Nonroad); EPA Tier 2 Emissions Certified for Stationary Use) (Reference the "PSNA-EPG-F_3512PGFL" Caterpillar Price List) 1500 kW 36%
1750 kW 34%
3516C/3516E, 60 HZ, 2000 - 3000 kW Diesel
(EPA Tier 2 & CARB Emissions Certified (Nonroad); EPA Tier 2 Emissions Certified for Stationary Use) (Reference the "PSNA-EPG-F_3516PGFL" Caterpillar Price List) 2000 kW 40%
2500 kW 36%
2750 kW 33%
3000 kW 33%
3516C-HD, 60 HZ, 2000 - 2500 kW Diesel (EPA Tier 4)
(Reference the "PSNA-EPG-F_3516PGFL" Caterpillar Price List) 2000 kW 19%
2500 kW 19%
C175-16, 60 HZ, 3000 kW Diesel (EPA Tier 2 for Mobile and Stationary Use) (Reference the "C175-PGAL" Caterpillar Price List)
3000 kW 29%
C175-16 T4F, 60 HZ, 3000 kW Diesel (EPA Tier 4)
(Reference the "C175-PGAL" Caterpillar Price List)
3000 kW 19%
C175-20, 60 HZ, 4000 kW Diesel (EPA Tier 2 for Mobile and Stationary Use) (Reference the "C175-PGAL" Caterpillar Price List)
4000 kW 24%
50 - 60 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G80PGAM" Caterpillar Price List) DG50 - 80 kW 31%
100 - 200 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G200PGABR" Caterpillar Price List) DG100 - 200 kW 19%
100 - 150 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F_G150PGAM" Caterpillar Price List) DG100 - 150 kW 35%
175 - 300 kW Olympian Natural Gas (Reference the "PSNA-EPG-F_GASOLYGN" Caterpillar Price List) 175 - 300 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F-G14.2 PGAN" Caterpillar Price List) DG175 - 175 kW 26%
350 - 450 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F-G21.9 PGAM" Caterpillar Price List) DG350 - 350 kW 26%
DG400 - 400 kW 26%
DG450 - 450 kW 26%
CG18, 60 Hz, 350 - 500 kW Caterpillar Natural Gas (Reference the "PSNA-EPG-F-CG18 PGAM" Caterpillar Price List) Stationary Natural Gas (Select LP Vapor Options with Derates) #Caterpillar: Confidential Green
EXHIBIT 1
DG350 - 350 kW 23%
DG400 - 400 kW 23%
DG450 - 450 kW 23%
DG500 - 500 kW 23%
G3412, 60 HZ, 375 - 500 kW Natural Gas (Reference the "PSNA-EPG-F_G3412NPG/NGG" Caterpillar Price List) 375 kW 22%
450 kW 20%
500 kW 22%
G3512 60 HZ, 750 - 1000 kW Natural Gas (Reference the "PSNA-EPG-F_G3512NPL" Caterpillar Price List) 750 kW 22%
1000 kW 22%
G3512 60 HZ, 1500kW Natural Gas G3512 HNL
1500kw 20%
G3516 NQL
1500kw 22%
G3516 60 HZ, 750 - 1000 kW Natural Gas, Landfill Gas, & Biogas (Ratings Depend on Selection) (Reference the "PSNA-EPG-F_G3516BNPL" Caterpillar Price List) Removed 18%
G3516C 60 HZ, 1500 kW Natural Gas
(Reference the "PSNA-EPG-F_G3516CNPL" Caterpillar Price List) 1500 kW 22%
G3516A 60HZ (Reference the "PSNA-EPG-F_G3516ANQL" Caterpillar Price List) All 20%
G3516H 60 HZ, 1966 kW Natural Gas (Reference the "PSNA-EPG-F_G3516HNPL" Caterpillar Price List) 1966 kW 20%
G3520H 60 HZ, 2469 kW Natural Gas
(Reference the "PSNA-EPG-F_G3520HNPL" Caterpillar Price List) 2469 kW 20%
G3520 Fast Start 60 HZ, 2.0 - 2.6 MW Natural Gas
(Reference the "PSNA-EPG-F_G3520NPL" Caterpillar Price List) 22%
2.0 - 2.6 MW
G3520C 60 HZ, Natural Gas G3520CLGL and G3520CLPL 20%
ALL
G3520H 60 HZ, Natural Gas G3520HNPL 20%
ALL
CHP Solutions Packages HPS1500N, HPS2000N, HPS2500N
1.4 - 2.5 MW 20%
G3520C 60 HZ, 1600 - 2055 kW Natural Gas
(Reference the "PSNA-EPG-F_G3520CNPL" Caterpillar Price List) Removed 20%
20%
CG132, CG170, CG260 (custom)
Due to the customization and plethora of options, it is not feasible to provide a paper price list for these specific generator sets.
Each quote is custom for the specific application.
However, members will receive a 15% discount off of the configured list price from each member’s local dealer.
XQ35, 60 HZ, 35 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ35BM" Caterpillar Price List) 27 kW Prime Power 21%
30 kW 21%
XQ60, 60 HZ, 59 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ60BM" Caterpillar Price List) 48 kW Prime Power *Temporarily Discontinued 21%
XQ125, 60 HZ, 125 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) Mobile Diesel (With Trailers)
15%
#Caterpillar: Confidential Green
EXHIBIT 1
(Reference the "PSNA-EPG-F_XQ125BM" Caterpillar Price List) 100 kW Prime Power *Temporarily Discontinued 21%
110 kW *Temporarily Discontinued 21%
XQ230, 60 HZ, 230 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ230BM" Caterpillar Price List) 182 kW Prime Power 21%
200 kW Prime Power 21%
XQ330, 60 HZ, 330 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ425BM" Caterpillar Price List) 264 kW Prime Power 21%
288 kW Prime Power 21%
XQ425, 60 HZ, 425 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ425BM" Caterpillar Price List) 340 kW Prime Power 21%
XQ570, 60 HZ, 570 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ570BG" Caterpillar Price List) 455 kW Prime Power 21%
XQ1140, 60 HZ, 1140 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ1140BG" Caterpillar Price List) 910 kW Prime Power 21%
XQ2280, 60 HZ, 2280 kVA Prime Diesel (EPA Tier 4 Final & CARB Emissions Certified (Non-road)) (Reference the "PSNA-EPG-F_XQ1140BG" Caterpillar Price List) 1825 kW Prime Power 21%
Switchgear (customizable) 12%
Epic (Reference the "PSNA-EPG-F_CATEPICG" Price List)
Epic - Master Control Panel 10%
Epic - Generator Control Panel 10%
Epic - Utility Control Panel 10%
Supervisory Contol Panel (Reference the "PSNA-EPG-F_CATSCPN" Price List) EMCP 4.4 SCP 10%
Hybrid Products (Reference the "PSNA-EPG-F_CATSCPN" Price List) All Hybrid Products 22%
XES01AN 21%
ATS (AUTOMATIC TRANSFER SWITCHES) (Reference the "ATS 2022" Price List) 235 ATS's Available 20%
Energy Stoarge System
Due to the customization and plethora of options, it is not feasible to provide a paper price list for Cat switchgear.
However, members will receive a 12% discount off of the configured list price from each member’s local dealer.
Control Panels, Switchgear, Automatic Transfer Switches #Caterpillar: Confidential Green
EXHIBIT 1
Sourced Goods & Support Service Provided
Electrical Energy Power Generation with Related Parts, Supplies, and Services.
Extended Service Contracts 5% off list price / typical sale price if no list price is available Maintenance Agreements 5% off list price / typical sale price if no list price is available Installation 5% off list price / typical sale price if no list price is available Custom Fuel Tank 5% off list price / typical sale price if no list price is available Custom ATS 5% off list price / typical sale price if no list price is available General Contracting Labor 5% off list price / typical sale price if no list price is available Dealer Labor 5% off list price / typical sale price if no list price is available Additional/Custom Parts 5% off list price / typical sale price if no list price is available Caterpillar Sourced Goods & Support Services Multiplier Sourcewell Member Pricing
Custom Shop Work 5% off list price / typical sale price if no list price is available Custom Enclosure 5% off list price / typical sale price if no list price is available Delivery/Freight 5% off list price / typical sale price if no list price is available Training 5% off list price / typical sale price if no list price is available Engineering Services 5% off list price / typical sale price if no list price is available #Caterpillar: Confidential Green
EXHIBIT 1
Caterpillar Used Equipment Multiplier
Every used product will receive the new product family member discount plus at least a 10% discount Electrical Energy Power Generation with Related Parts, Supplies, and Services. #Caterpillar: Confidential Green
EXHIBIT 1
Sourced Good or Support Service Provided
Electrical Energy Power Generation with Related Parts, Supplies, and Services.
Caterpillar Rental Agreements Product & Services Multiplier Sourcewell Member Pricing
Rental Agreements 10% off dealer list price
#Caterpillar: Confidential Green
EXHIBIT 1
Product Name and Product Description Unit of
Issue Ancilliary
Items (Sold
Separately)
Microgrid Solution Commercial List Price Power Analytics Cyber- Secure Network List Price Add (Optional) 40 FT ISO Container List Price Add (Optional) Quantity of BDPs Quantity of 20 Foot Containe
rs Grand Total Commercial List Price with Sourcewell Discount Applied (Incl Optional
Items) Sourcewell Member List Price Discount PV Panel (Solar Panels) Time Shift - 60 Hz ES 1.5 MW-hr, 1x 20', Energy, 570 kVA, 1518 kWh, ~127 min Each N/A $ 1,309,989 N/A 1 1 $ 1,021,791 22.00% Time Shift - 60 Hz ES 3.0 MW-hr, 2x 20', Energy, 1000 kVA, 3036 kWh, ~145 min Each N/A $ 2,263,804 N/A 1 2 $ 1,765,767 22.00% Time Shift - 60 Hz ES 3.5 MW-hr, 2x 20', Energy, 1000 kVA, 3542 kWh, ~170 min Each N/A $ 2,507,909 N/A 1 2 $ 1,956,169 22.00% Time Shift - 60 Hz ES 4.0 MW-hr, 2x 20', Energy, 1000 kVA, 4048 kWh, ~194 min Each N/A $ 2,750,774 N/A 1 2 $ 2,145,604 22.00% Time Shift - 60 Hz ES 4.6 MW-hr, 3x 20', Energy, 1000 kVA, 4554 kWh, ~218 min Each N/A $ 3,257,104 N/A 1 3 $ 2,540,541 22.00% Time Shift - 60 Hz ES 5.1 MW-hr, 3x 20', Energy, 1000 kVA, 5060 kWh, ~242 min Each N/A $ 3,461,724 N/A 1 3 $ 2,700,145 22.00% Time Shift - 60 Hz ES 5.6 MW-hr, 3x 20', Energy, 1000 kVA, 5566 kWh, ~267 min Each N/A $ 3,705,829 N/A 1 3 $ 2,890,547 22.00% Time Shift - 60 Hz ES 6.1 MW-hr, 3x 20', Energy, 1000 kVA, 6072 kWh, ~291 min Each N/A $ 3,948,694 N/A 1 3 $ 3,079,981 22.00% Time Shift - 60 Hz ES 6.6 MW-hr, 3x 20', Energy, 1000 kVA, 6578 kWh, ~315 min Each N/A $ 4,191,559 N/A 1 3 $ 3,269,416 22.00% Time Shift - 60 Hz ES 7.1 MW-hr, 4x 20', Energy, 1000 kVA, 7084 kWh, ~340 min Each N/A $ 4,708,735 N/A 1 4 $ 3,672,813 22.00% Time Shift - 60 Hz ES 7.6 MW-hr, 4x 20', Energy, 1000 kVA, 7590 kWh, ~364 min Each N/A $ 4,903,749 N/A 1 4 $ 3,824,924 22.00% Time Shift - 60 Hz ES 8.1 MW-hr, 4x 20', Energy, 1000 kVA, 8096 kWh, ~388 min Each N/A $ 5,145,374 N/A 1 4 $ 4,013,392 22.00% Time Shift - 60 Hz ES 8.6 MW-hr, 4x 20', Energy, 1000 kVA, 8602 kWh, ~412 min Each N/A $ 5,389,479 N/A 1 4 $ 4,203,793 22.00% Time Shift - 60 Hz ES 9.1 MW-hr, 4x 20', Energy, 1000 kVA, 9108 kWh, ~437 min Each N/A $ 5,632,344 N/A 1 4 $ 4,393,228 22.00% Grid Stabilizer - 60 Hz PGS1260, 1x 20', Power, 1000 kVA, 672 kWh, ~32 min Each N/A $ 990,332 N/A 1 1 $ 772,459 22.00% Grid Stabilizer - 60 Hz PGS840, 1x 20', Power, 840 kVA, 448 kWh, ~25 min Each N/A $ 853,487 N/A 1 1 $ 665,720 22.00% Due to the customization and plethora of options, it is not feasible to provide a paper price list for these specific components at this time.
For pricing and availability, Sourcewell members can contact their local Caterpillar Dealer. #Caterpillar: Confidential Green
EXHIBIT 1
Caterpillar, Inc.
Electrical Energy Power Generation Equipment
#092222-CAT
THIS DOCUMENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A PART OF THE CONTRACT BETWEEN SOURCEWELL AND SUPPLIER.
If you would like to purchase off this contract or for questions regarding products and pricing, the Supplier Contact Information can be found at:
Caterpillar Inc.: Contract 092222-CAT | Sourcewell (sourcewell-mn.gov) EXHIBIT 1
092222-CAT
Rev. 3/2022 1
Solicitation Number: RFP #092222
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Caterpillar Inc., 5212 N. OConnor Blvd., Suite 1100, Irving, TX 75039 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewells cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 22, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
EXHIBIT 1
092222-CAT
Rev. 3/2022 2
Suppliers Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer used, close-out or refurbished Equipment or Products if they are clearly indicated in Suppliers product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entitys site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Suppliers dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturers warranty that extends beyond the expiration of the Suppliers warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Suppliers authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Suppliers responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Suppliers Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entitys total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entitys requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily EXHIBIT 1
092222-CAT
Rev. 3/2022 3
apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
Identify the applicable Sourcewell contract number;
Clearly specify the requested change;
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Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewells cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. Supplier may not enter into a contract with a U.S. Federal Government entity prior to obtaining necessary internal approvals and will not be obligated to provide Equipment, Products, or Services to any U.S. Federal Government entity under this Contract unless separately agreed in writing. Supplier may work with such parties and may agree to provide equipment or services under the Contract on a case-by-case basis.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entitys authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entitys use of this Contract is at the Participating Entitys sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Suppliers employees may be required to perform work at governmentowned facilities, including schools. Suppliers employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
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6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Suppliers acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entitys requirements.
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E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entitys order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
Participating Entity Name (e.g., City of Staples Highway Department); Participating Entity Physical Street Address;
Participating Entity City;
Participating Entity State/Province;
Participating Entity Zip/Postal Code;
Participating Entity Contact Name;
Participating Entity Contact Email Address;
Participating Entity Contact Telephone Number;
Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description;
Item Purchased Price;
Sourcewell Administrative Fee Applied; and
Date Purchase was invoiced/sale was recognized as revenue by Supplier.
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B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Suppliers name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above Attn: Accounts Receivable or remitted electronically to Sourcewells banking institution per Sourcewells Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contracts expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Suppliers Authorized Representative is the person named in the Suppliers Proposal. If Suppliers Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited EXHIBIT 1
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assignment will be invalid. Provided, however, that Caterpillar is permitted to subcontract certain of its rights and obligations to Caterpillar dealers for performance without Sourcewells prior written consent.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Intentionally omitted.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewells relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Suppliers trademarks in advertising and promotional materials for the purpose of marketing Suppliers relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively Permitted Sublicensees) in advertising and promotional materials for the purpose of marketing the Parties relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other partys trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other partys trademarks only in good faith and in a dignified manner consistent with such partys use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other partys name or logo (excepting Sourcewells pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewells written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that partys reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
Exercise any remedy provided by law or equity, or
Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an AM BEST rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers Compensation and Employers Liability.
Workers Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (ISO) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms EXHIBIT 1
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employers Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Suppliers professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Suppliers commercial general liability insurance policy with respect to liability arising out of activities, operations, or work performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. A Participating Dealer may name a Participating Entity as an additional insured on a case-by-case basis.
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D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Suppliers Participating Dealers must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Suppliers Participating Dealer conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Intentionally omitted.
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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Suppliers Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Caterpillar Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Jaime Mineart
Title: Chief Procurement Officer Title: Vice President & General Manager Retail Electric Power Solutions
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Caterpillar Gen Disc List RFP August 2022.xlsx - Tuesday September 20, 2022 15:56:47 Financial Strength and Stability - Financial Strength and Stability.zip - Tuesday September 20, 2022 15:58:41 Marketing Plan/Samples - Marketing Plan.zip - Tuesday September 20, 2022 15:59:03 WM8E/M8E/S8E or Related Certificates (optional)
Warranty Information - SELF5743-01_.pdf - Tuesday September 20, 2022 15:57:54 Standard Transaction Document Samples - Standard Transaction Document Samples.zip - Tuesday September 20, 2022 15:59:30 Upload Additional Document - Additionals.zip - Tuesday September 20, 2022 15:59:44 EXHIBIT 1
Bid Number: RFP 092222 Vendor Name: Caterpillar
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COMMENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) #092222
Entitled
Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
The following advertisement was placed August 4, 2022 on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, PublicPurchase.com, The New York State Contract Reporter www.nyscr.ny.gov, USA Today, South Carolinas The State, August 5, 2022 in Oregons Daily Journal of Commerce, and on August 4 and August 11, 2022 in The Oklahoman:
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services 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 September 22, 2022, 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:
Air Unlimited, Inc. Merryman-Farr, LLC
Alco Building Solutions Nebraska Generator Service, LLC All Phase Contracting, Inc. Pioneer Power Mobility
Alliance North America, Inc. Power Conditioning Computer Services, Inc.
Apeiron Energy, Inc. Power Technique North America, LLC Caterpillar Inc. PowerSecure, Inc.
Construction Industry Center Prairie Fibre-Optic Group, Inc.
Construction Reporter Prime Vendor, Inc.
Cummins Inc. Pro-Tech Power Sales
DD DANNAR, LLC PWXPress
Duke Electric (1977), Ltd. Reelstrong, LLC
Electric Power Systems International, Inc. Regina Construction Association EXHIBIT 1
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Facility Improvement Corp. Rolls-Royce Solutions America, Inc. (MTU Americas, Inc.) Fermata, LLC Siemens Industry, Inc.
Finning International, Inc. supplyFORCE
ForeFront Power, LLC Taylor Power Systems, Inc.
Generac Power Systems Inc. The X-Group of Companies (Turbine X Energy, Inc.) Genie Retail Energy UNITED RENTALS (NORTH AMERICA), INC.
GovZERO Valor Holdings, LLC
IM Supply Company Veteran Electrical Supply
In-Charge Energy, Inc. Volvo Construction Equipment North America Interstate Power Systems Warshauer Electric Supply
Kohler Power Systems WESCO
Lindsay Allison International Wesco Distribution Canada Mainspring Energy X Group of Companies
Melanite Group, Ltd.
All Proposals 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 September 22, 2022, at 4:31:32 pm CT. Proposals were received from the following:
Caterpillar Inc.
Cummins Inc.
DD DANNAR, LLC
Fermata, LLC
Generac Power Systems Inc.
Kohler Power Systems
MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc.
PowerSecure, Inc.
Taylor Power Systems, Inc.
The X-Group of Companies (Turbine X Energy, Inc.)
Proposals were reviewed by the Proposal Evaluation Committee:
Kim Austin, MBA, CPPB, Procurement Lead Analyst
James Voelker, CPCM, CFCM, Procurement Lead Analyst
Brandon Town, CPSM, CPSD, Procurement Analyst
Craig West, Procurement Analyst
The findings of the Proposal Evaluation Committee are summarized as follows:
The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all proposal responses met the scope and mandatory submittal requirements and were evaluated.
Caterpillar Inc. offers a full line of turn-key diesel and natural gas generator sets from 20 to 4000 kW, microgrid and battery energy solutions. Caterpillar has an expansive network of 800 dealers across the United States and Canada. They also provide Sourcewell participating entities with an extensive service network of over 20,000 EXHIBIT 1
Sourcewell Page 3 of 4
service technicians, 468 locations, over 8,000 service bays and 8,500 field service trucks. Caterpillars pricing reflects a range of significant discounts from list pricing.
Cummins Inc. brings a complete line of diesel and natural gas/propane commercial generator products, transfer switches, and related services. Cummins will provide service to Sourcewell participating entities through their 230 branch locations throughout the United States and Canada. Cummins also has 3,400 certified technicians operating throughout North America. Cummins offers a discount from fair market value or typical sales price on equipment, products, and services.
Generac Power Systems Inc. manufactures a comprehensive selection of light towers, stationary, portable, residential, and mobile generators. Their sales staff and distribution network provide coverage throughout the United States and Canada to serve Sourcewell participating entities. Generac offers multiple power source options to include LP vapor, LP liquid, natural gas, well gas, and diesel/Bi-Fuel in their generator solutions. They are offering competitive range of discounts off MSRP by product line.
Kohler Power Systems is offering a full line of turnkey diesel and natural gas generators, Automatic Transfer Switches (ATS), switchgear, paralleling equipment, and microgrid solutions. With an extensive distribution network throughout the United States and Canada, Kohler is well prepared to serve Sourcewell participating entities. Kohler offers participating entities competitive discounts from configured list price.
MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc., has a long history of providing standby, emergency, continuous, prime, diesel, gas, and propane generators and power generation solutions. Their sales and service teams, along with their distributors, are ready to serve Sourcewell participating entities across the United States and Canada. Their standby generator set product line is designed, manufactured, and warrantied for an 85% load factor. They are offering Sourcewell participating entities solid pricing discounts.
For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #092222 to:
Caterpillar Inc. #092222-CAT
Cummins Inc. #092222-CMM
Generac Power Systems Inc. #092222-GNR
Kohler Power Systems #092222-KOH
MTU Americas, Inc., dba Rolls-Royce Solutions America, Inc. #092222-RYC The preceding recommendations were approved on November 17, 2022. __________________________________________ Kim Austin, MBA, CPPB, Procurement Lead Analyst _______________________________________ James Voelker, CPCM, CFCM, Procurement Lead Analyst EXHIBIT 1
Sourcewell Page 4 of 4
_______________________________________ Brandon Town, CPSM, CPSD, Procurement Analyst _______________________________________ Craig West, Procurement Analyst
STATEMENT OF COMPLIANCE
As Executive Director for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #092222 for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted in Sourcewells 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 Sourcewells Procurement Policy.
Dr. Chad Coauette
Executive Director/CEO
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Order Number:
Classification:
Package:
Order Cost:
Job Details
IPL0083829
Legals & Public Notices
COL - Legal Ads
$137.40
Account Details
SOURCEWELL IP
PO BOX 219
STAPLES, MN 56479
218-894-1930
[email protected]
SOURCEWELL
The State (Columbia) All Zones
From: The Legals Adportal
To: Carol Jackson
Subject: Thank you for placing your order with us IPL0083829 Date: Monday, August 1, 2022 8:28:23 AM
EXTERNAL
THANK YOU for your ad submission!
This is your confirmation that your order has been submitted. Below are the details of your transaction. Please save this confirmation for your records. This transaction will show up on your credit card statement as McClatchy.
Schedule for ad number IPL00838290
Thu Aug 4, 2022
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Notice
Basic Information
Details
Dates
Contact Information
Pre-Bidding Events
Bid Submission Process
Estimated Contract Value (CAD) $200,000,000.00 (Not shown to suppliers) Reference Number 0000229581
Issuing Organization Sourcewell
Owner Organization
Solicitation Type RFP - Request for Proposal (Formal)
Solicitation Number 092222
Title Electrical Energy Power Generation Equipment with Related Parts, Supplies, Svcs
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 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services 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 September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.
Publication 2022/08/04 09:06:40 AM EDT
Question Acceptance Deadline 2022/09/14 05:30:00 PM EDT Questions are submitted online No
Bid Intent Not Available
Closing Date 2022/09/22 05:30:00 PM EDT
Prebid Conference 2022/08/30 11:00:00 AM EDT
Procurement Department
218-894-1930
[email protected]
Event Type Prebid Conference
Attendance Recommended
Event date 2022/08/30 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
092222 - Electrical Energy Power Generation Equipment wi... 2022/08/04 09:06:48 AM EDT Page 1 of 2
EXHIBIT 1
Categories
Selected Categories
GSIN Category (1)
C Construction
Construction
515 Special trade construction work
Special trade construction work
5150BK POWER GENERATION
POWER GENERATION
MERX Category (1)
G Goods
Goods
G10 Electrical and Electronics
Electrical and Electronics
UNSPSC Category (1)
26000000 Power Generation and Distribution Machinery and Accessories 26110000 Batteries and generators and kinetic power transmission 26111600 Power generators
092222 - Electrical Energy Power Generation Equipment wi... 2022/08/04 09:06:48 AM EDT Page 2 of 2
EXHIBIT 1
Caterpillar Cummins Inc. DD DANNAR, LLC Fermata LLC Generac Power Systems Possible Points Conformance to RFP Requirements 50 44 42 42 38 44
Pricing 400 315 329 315 308 338
Financial Viability and Marketplace Success 75 68 64 55 51 67 Ability to Sell and Deliver Service 100 91 84 72 68 83 Marketing Plan 50 44 38 43 39 45 Value Added Attributes 75 67 65 66 57 65 Warranty 50 43 43 44 41 43 Depth and Breadth of Offered Equipment, Products, or Services 200 183 178 144 123 169 Total Points 1,000 855 843 781 725 854 Rank Order 1 3 7 9 2 Kohler Power Systems PowerSecure Inc Rolls Royce Solutions AmericaInc. TAYLOR POWER SYSTEMS The X Group of companies Possible Points Conformance to RFP Requirements 50 44 43 40 40 36
Pricing 400 305 298 325 270 220
Financial Viability and Marketplace Success 75 64 62 63 53 49 Ability to Sell and Deliver Service 100 86 75 82 65 64 Marketing Plan 50 44 43 36 36 33 Value Added Attributes 75 66 62 53 53 51 Warranty 50 44 41 41 42 39 Depth and Breadth of Offered Equipment, Products, or Services 200 181 167 165 167 125 Total Points 1,000 834 791 805 726 617 Rank Order 4 6 5 8 10 Kim Austin, MBA, CPPB, Procurement Lead Analyst Brandon Town, CPSM, CPSD, Procurement Analyst Craig West, Procurement Analyst James Voelker, CPCM, CFCM, Procurement Lead Analyst Proposal Evaluation
Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services RFP #092222 EXHIBIT 1
Proposal Opening Record
Date of opening: September 22, 2022
Sourcewell posted Request for Proposal #092222, for the procurement of Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services, on the Sourcewell Procurement Portal [proportal.sourcewell mn.gov] on Thursday, August 4, 2022, and the solicitation remained in an open status within the portal until September 22, 2022, at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on September 22, 2022, the date and time specified in the Solicitation Schedule.
The undersigned certify that all responses received on Request for Proposal #092222 were submitted through the Sourcewell Procurement Portal, and that each Proposers response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule.
Responses were received from the following:
Caterpillar, Inc. Submitted 9/22/22 at 11:48:50 AM
Cummins, Inc. Submitted 9/22/22 at 8:52:00 AM
DD DANNAR, LLC Submitted 9/20/22 at 12:20:58 PM
Fermata, LLC Submitted 9/22/22 at 2:42:17 PM
Generac Power Systems, Inc. Submitted 9/22/22 at 10:19:18 AM Kohler Power Systems Submitted 9/16/22 at 9:04:00 AM
PowerSecure, Inc. Submitted 9/21/22 at 11:54:08 AM
Rolls Royce Solutions America, Inc. (MTU Americas, Inc.) Submitted 9/22/22 at 3:27:52 PM Taylor Power Systems, Inc. Submitted 9/22/22 at 1:56:49 PM The X Group of Companies (Turbine X Energy, Inc.) Submitted 9/22/22 at 4:19:35 PM The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on September 22, 2022, at 4:31:32 PM CT. All responsive proposals were then submitted for review by the Sourcewell Evaluation Committee. __________________________________________ ______________________________ Kim Austin, MBA, CPPB, Procurement Lead Analyst Carol Jackson, Procurement Analyst EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
RFP #092222
REQUEST FOR PROPOSALS
for
Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Proposal Due Date: September 22, 2022, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services 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 September 22, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.
SOLICITATION SCHEDULE
Public Notice of RFP Published: August 4, 2022
Pre-proposal Conference: August 30, 2022, 10:00 a.m., Central Time Question Submission Deadline: September 14, 2022, 4:30 p.m., Central Time Proposal Due Date: September 22, 2022, 4:30 p.m., Central Time Late responses will not be considered.
Opening: September 22, 2022, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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 (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), 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 entities1;
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; Indigenous self-governing bodies 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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; Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Canoe procurement group of Canada, and their partner associations:
Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.
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-forvendors/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 addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.
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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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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 Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services, including, but not limited to:
a. Stationary electrical generation systems, backup or standby generator sets, mobile and ground power units, and trailer mounted generators;
b. Parts and accessories, including enclosures, fuel tanks, automatic transfer switches, paralleling equipment, switch gears, connection boxes, controls, alarm modules, batteries, block heaters, and networking tools;
c. Related services, including design, customization, engineering, commissioning, installation, delivery, maintenance, repair, training and operation, service and maintenance agreements, decommissioning and repurposing, custom shop work, and rental services.
2. The primary focus of this solicitation is on electrical energy power generation equipment.
Proposers may include related parts, accessories, or services, as described in 1. b. and 1. c. to the extent that these solutions are complementary to the power generation solutions being offered in 1. a. Proposers may include no more than a complementary or incidental offering from renewable energy sources such as wind, solar and microgrid solutions. This solicitation should NOT be construed to include “services-only” solutions.
3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP ##040319)
b. Portable Construction Equipment with Related Accessories and Attachments (RFP #041719)
c. Equipment Rental with Related Services (RFP#062320)
d. Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services (RFP #091422) 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.
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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.
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 encourages suppliers to offer 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. Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products, and used or refurbished equipment, 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
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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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 $80 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the 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. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.
3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.
4. 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.
5. 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.
6. 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
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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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 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 initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
Proposers awarded a contract 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 EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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.
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 Vendor 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.
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Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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.
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 Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor 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].
EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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 Vendor 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.
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
EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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:
Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, 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 highest-scoring 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
EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, 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; 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;
EXHIBIT 1
Rev. 3/2022 Sourcewell RFP #092222
Electrical Energy Power Generation Equipment with
Related Parts, Supplies, and Services
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.
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.
EXHIBIT 1
8/10/2022
Addendum No. 1
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
In the RFP Questionnaire, Table 1, Question 2 – “Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal.” If distributors are involved in the process, is Sourcewell asking to list all distributors or is this strictly at the OEM level?
Answer 1:
In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine and identify those of its subsidiary entities whose equipment, products, or services are included in the Proposal (if any).
End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 8/10/2022, is required at the time of proposal submittal.
EXHIBIT 1
8/30/2022
Addendum No. 2
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Who is the incumbent for this contract? Can we review the previous winning bid? Answer 1:
Each Sourcewell solicitation represents a separate and distinct opportunity. For examples of current Sourcewell-awarded contracts, navigate to the page on the Sourcewell website at the following address: https://www.sourcewell-mn.gov/contractsearch and enter the relevant search term. A currently active contract offering similar solutions is #120617.
End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 8/30/2022, is required at the time of proposal submittal.
EXHIBIT 1
9/06/2022
Addendum No. 3
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Will a list of registered plan takers be provided to all plan takers at any point in this RFP process?
Answer 1:
A list of plan takers will not be provided as part of the solicitation process.
Question 2:
Can you clarify what is acceptable for financial stability besides releasing full financial documents.
Answer 2:
The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its discretion, will determine the information necessary to best demonstrate its financial viability/success to Sourcewell. Examples of potential supporting material are identified in the text of the question on financial strength and stability in Table 2, “Company Information and Financial Strength,” in Step 1 of the proposal preparation process.
Proposals are evaluated based on the criteria stated in the RFP.
End of Addendum
Acknowledgement of this Addendum to RFP 092222 posted to the Sourcewell Procurement Portal on 9/06/2022, is required at the time of proposal submittal.
EXHIBIT 1
9/09/2022
Addendum No. 4
Solicitation Number: RFP 092222
Solicitation Name: Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services
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 provide solar electrical power generation equipment and services. Will you confirm whether we may respond to this solicitation?
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 092222 posted to the Sourcewell Procurement Portal on 9/09/2022, is required at the time of proposal submittal.
EXHIBIT 1
5 (Rev. 9.30.22)
EXHIBIT B
INSURANCE REQUIREMENTS
NOT APPLICABLE – PURCHASE OF GOODS
EXHIBIT 1
6 (Rev. 9.30.22)
EXHIBIT C
EXHIBIT 1
Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
July 02, 2024
Project: Arnold Rue Community Center
City of Stockton – Sourcewell Pricing
Quote # ddh122023D1 – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:
(One) XQ330 – 288kW – Diesel Powered Genset ---------------------------- $243,480.00 EPA/CARB TIER 4 FINAL EMISSION CERTIFIED
60HZ 202 VOLT (WYE)
60 HZ, 264 KW Prime – 288kW Standby
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for One (1) of the XQ330 Genset ------------------------------------------ $243,480.00 9% Sales Tax on $243,480.00 -------------------------------------------------------- $21,913.20 Total including Sales Tax ----------------------------------------------------------- $265,393.20 (One) CG1000 - 1000A - Auto Transfer Switch -------------------------------- $13,636.00
TRUONE CG CONTROLLER
OPEN TRANSITION
STANDARD - NO BYPASS
NEMA 3R 1000A
1000 AMPS
Total for One (1) of the 1000A ATS ----------------------------------------------- $13,636.00 9% Sales Tax on $13,636.00 ---------------------------------------------------------- $1,227.24 Total including Sales Tax ------------------------------------------------------------ $14,863.24 (One) Foxfab 1000A Manual TS for Temp Genset --------------------------- $22,857.00 FFCC-C2-1000-FT-U4-G-ALU-LA
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for One (1) of the 1000A MTS ----------------------------------------------- $22,857.00 9% Sales Tax on $22,857.00 ---------------------------------------------------------- $2,057.13 Total including Sales Tax ------------------------------------------------------------ $24,914.13 Grand Total Including 9% Sales Tax – $305,170.57
EXHIBIT 1
Power Systems Division 3850 Channel Drive 1521 West Charter Way West Sacramento, CA 95691-3443 Stockton, CA 95206-1112
(916) 373-4197 (209) 466-6000
(888) 373-1359 Toll Free (800) 347-4658 Toll Free
www.holtca.com (916) 373-4146 Fax (209) 467-4658 Fax
- 1 -
July 03, 2024
Project: Fire Station Nos. 1, 2, 3, 4, 10, 11, and ECD
City of Stockton – Sourcewell Pricing
Quote # ddh122023D2 – Sourcewell Member’s Account # 26357 Holt of California, Inc is pleased to present the following quotation:
XQ125 – 110kW – Diesel Powered Genset --------------------------- $114,210.00 (Each) EPA/CARB TIER 4 FINAL EMISSION CERTIFIED
60 Hz, 110kW STANDBY - 208V
Includes Start-Up and 2-Hour Resistive Load Bank Test and Training Total for seven (7) of the XQ125 gensets ---------------------------------------- $799,470.00 9% Sales Tax on $799,470.00 ---------------------------------------------------------- $71,952.30 Total including Sales Tax ------------------------------------------------------------- $871,422.30 CG400 - 400A - Auto Transfer Switch -------------------------------------- $6,280.00 (Each)
TRUONE CG CONTROLLER
OPEN TRANSITION
STANDARD - NO BYPASS
NEMA 3R 400 AMPS
Total for seven (7) of the CG400 ATSs ---------------------------------------------- $43,960.00 9% Sales Tax on $43,960.00 -------------------------------------------------------------- $3,956.40 Total including Sales Tax ---------------------------------------------------------------- $47,916.40 Foxfab 400A Manual TS for Temp Genset ------------------------------- $12,135.00 (Each) FFCC-C2-400-FT-U4-G-ALU-LA
Consisting Of:
• 5052 Aluminum Construction
• Type 3R Enclosure
Total for seven (7) of the 400A MTSs ------------------------------------------------ $84,945.00 9% Sales Tax on $84,945.00 -------------------------------------------------------------- $7,645.05 Total including Sales Tax ---------------------------------------------------------------- $92,590.05 Grand Total Including 9% Sales Tax – $1,011,928.75
EXHIBIT 1
City of Stockton
Legislation Text
File #: 24-0625, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE CENTER STREET WEIR REPAIR PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to approve Notice of Exemption No.
NOE23-23 under the California Environmental Quality Act for the Center Street Weir Repair, Project No. WD19008.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
The Stockton Channel weir was constructed in 2001 as part of the improvements for the Dean DeCarli Waterfront Plaza in downtown Stockton. The Stockton Channel weir runs parallel with Center Street just north of Weber Avenue. The Center Street Weir Repair, Project No. WD19008, will repair the leak situated where the weir attaches to the Stockton Channel Sea Wall located at the northwest corner of Weber Avenue and Center Street (Attachment A). The project was included in the 2019-24 Five-Year Capital Improvement Plan (CIP).
The California Environmental Quality Act (CEQA) clearance is required to be filed with the San Joaquin County Recorder’s Office prior to acquiring required permits for the Center Street Weir Repair project.
The project recently completed the environmental evaluation and documentation process and was determined to be exempt under the CEQA Guidelines. Staff recommends that Council adopt a resolution approving Notice of Exemption No. NOE23-23 under CEQA and to obtain the required permits for the Center Street Weir Repair, Project No. WD19008.
DISCUSSION
Background
The Stockton Channel weir was constructed in 2001 as part of the improvements for the Dean DeCarli Waterfront Plaza in downtown Stockton. Water is pumped from the Stockton Channel to the water fountain adjacent to El Dorado Street. Water then flows over the Stockton Channel weir that runs parallel with Center Street just north of Weber Avenue. The weir is more commonly referred to as the Center Street weir. The Center Street weir is a structure built to regulate the water level, in coordination with pumps, within the water area bounded by El Dorado Street, Center Street, Weber Avenue, and Channel Street. The weir structure has developed a leak on the southern portion of the weir. The Center Street Weir Repair, Project No. WD19008, will repair the leak situated where the City of Stockton Page 1 of 2 Printed on 8/16/2024
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File #: 24-0625, Version: 1
weir attaches to the Stockton Channel Sea Wall located at the northwest corner of Weber Avenue and Center Street (Attachment A). Repairs include the removal of stone protection material within the channel, installation of temporary cofferdam, removal of existing concrete seawall, sheet pile concrete cap, roadway, and sidewalk repairs. The project was included in the 2019-24 Five-Year CIP.
Present Situation
The CEQA clearance is required to be filed with the San Joaquin County Recorder’s Office prior to acquiring required permits for the Center Street Weir Repair project. 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.
Staff recommends that Council adopt a resolution approving Notice of Exemption No. NOE23-23 under CEQA and to obtain the required permits for the Center Street Weir Repair, Project No.
WD19008.
The project design is substantially complete, and permits are being acquired from the State Water Resources Control Board, California Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. The project will be advertised for construction when all permits are received, which is estimated to be spring of 2025. Staff will reevaluate the cost of the project once all requirements and conditions are received from the above-mentioned permitting agencies. In addition, staff is evaluating other conditions of the roadway that may have to be repaired during construction and factor into the total cost of the project.
In the interim, staff is utilizing emergency procurement provisions to coordinate temporary repairs to remediate the leaks.
FINANCIAL SUMMARY
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 - Vicinity Map
City of Stockton Page 2 of 2 Printed on 8/16/2024
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING NOTICE OF EXEMPTION NO. NOE23-23 FOR THE CENTER STREET WEIR REPAIR, PROJECT NO. WT19008
The project will repair a leak situated where the weir attaches to the Stockton Channel Sea Wall located at the northwest corner of Weber Avenue and Center Street; and
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, 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. NOE23-23 under CEQA for the Center Street Weir Repair, Project No. WD19008, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. 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 August 20, 2024 .
KEVIN J. LINCOLN II
ATTEST: Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
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: Center Street Weir Repair, City Project No. WD19008 CEQA Exemption File No.: NOE 23-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be repairing the weir for the Stockton Channel at the northwest corner of Weber Avenue and Center Street. Repairs include removal of stone protection material within the channel. installation of a temporary cofferdam, removal of existing concrete seawall. sheet piling of the concrete cap, and roadway and sidewalk repairs. 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).
The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _ X_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
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 exemption(s).
JODI ALMASSY, DIRECTOR
PUBLIC WORKS DEPARTMENT
May 16, 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 it 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 date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
City of Stockton
Legislation Text
File #: 24-0632, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - PAVEMENT REPAIR PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE23-24 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2023-24 SB1 - Pavement Repair, Project No.
WD24003.
2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2023-24 SB1 - Pavement Repair, Project No. WD24003.
3. Award a Construction Contract in the amount of $305,920 to Dirt Dynasty, Inc. of Farmington, CA, for the Local Street Resurfacing Program FY 2023-24 SB1 - Pavement Repair, Project No. WD24003.
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 repair failed pavement at approximately 26 residential and collector roadway segments citywide (Attachment A). Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers and placing new hot mix asphalt. The project was included in the 2023-28 Five-Year Capital Improvement Plan (CIP).
On May 2, 2024, the City received six bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Dirt Dynasty, Inc., in the amount of $305,920.
Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE23-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin summer 2024 and be completed in fall 2024, weather permitting.
DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and City of Stockton Page 1 of 3 Printed on 8/16/2024
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critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.
Approximately $7.99 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2023-24 and approved by Council on May 2, 2023, by Resolution No. 2023-05-02-1211. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition. The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.
The Local Street Resurfacing Program FY 2023-24 SB1 - Pavement Repair, Project No. WD24003, was included in the 2023-28 Five-Year CIP. The project will repair failed pavement at approximately 26 residential and collector roadway segments citywide (Attachment A). Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers and placing new hot mix asphalt. The process includes traffic control and installing temporary traffic striping. This treatment, combined with future pavement resurfacing, will extend the roadway’s life expectancy.
The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefits of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index ranging between 65 to 80 are suitable for this treatment. This treatment extends the life span by a minimum of five years.
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 as the estimated construction cost was less than $1 million.
Present Situation
On April 17, 2024, the Local Street Resurfacing Program FY 2023-24 SB1 - Pavement Repair, Project No. WD24003, was advertised for bids.
On May 2, 2024, six bids were received with the following results.
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File #: 24-0632, Version: 1
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Dirt Dynasty, Inc.
(Farmington, CA) $305,920.00 $299,801.60
Consolidated Engineering, Inc.
(Valley Springs, CA) $326,075.00 $326,075.00
United Pavement Maintenance, Inc.
(Hughson, CA) $353,885.00 $353,885.00
Robert Burns Construction
(Stockton, CA) $362,622.42 $355,369.97
Tom Mayo Construction, Inc.
(Stockton, CA) $371,400.00 $363,972.00
DSS Company dba
Knife River Construction
(Stockton, CA) $630,010.00 $598,509.50
Engineer’s Estimate $366,500.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. 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. 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 $305,920.
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. As a result, the project has been granted a Categorical Exemption. 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. NOE 23-24 under CEQA. Construction is anticipated to begin summer 2024 and be completed in fall 2024, weather permitting.
FINANCIAL SUMMARY
There is sufficient funding available in the Local Street Resurfacing Program FY 2023-24 SB1 - Pavement Repair, Project No. WD24003, to award a Construction Contract to Dirt Dynasty, Inc. in the amount of $305,920.
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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HAMMER LN
MARCH LN
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HARDING WY
DR MLK JR BL
PACIFIC AV
PERSHING AV
EL DORADO ST
WATERLOO RD
WILSON WY
ALPINE AV
ROBERTS RD
CHARTER WY
LOCAL STREET RESURFACING PROGRAM FY 2023-24
SB1 - PAVEMENT REPAIR, PROJECT NO. WD24003
Legend
Pavement Repair Locations
IN/OUT
County Limits
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Miles
ATTACHMENT A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE23-24,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2023-24 SB1 – PAVEMENT REPAIR, PROJECT NO. WD24003 On May 2, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program FY 2023-24 SB1 – Pavement Repair, Project No. WD24003; and The project will repair failed pavement at approximately 26 residential and collector roadway segments citywide; and
Dirt Dynasty, Inc. is the lowest responsive bidder in the amount of $305,920.00, 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 section 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. NOE23-24 under the CEQA for the Local Street Resurfacing Program FY 2023-24 SB1 – Pavement Repair, Project No. WD24003, a copy of which is attached as Exhibit 1, incorporated by this reference.
2. The City Council approves the plans and specifications for the Local Street Resurfacing Program FY 2023-24 SB1 – Pavement Repair, Project No. WD24003.
3. The City Council awards a Construction Contract between the City of Stockton and Dirt Dynasty, Inc. in the amount of $305,920, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2, incorporated by this reference.
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4. The City Manager is hereby authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED August 20, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Local Street Resurfacing Program FY 23-24 SB1 – Pavement Repair, Project No. WD24003 CEQA Exemption File No.: NOE 23-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be removing and replacing existing failed pavement at various locations Citywide. 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(B)(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 exemption(s).
CHAD REED, DIRECTOR May 22, 2024
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thing Phan, Project Manager (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 it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between DIRT DYNASTY, INC., a STATE OF CALIFORNIA 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 LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – PAVEMENT REPAIR (PROJECT NO.
WD24003), 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 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. 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 City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $305,920.00 or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. 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 shall be a requirement under this agreement that any available 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
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 insurance 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 required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance 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 selfinsurance 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 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 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 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.
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, EXHIBIT 2
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. STANDARD 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, 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 diligently prosecuted to completion before the expiration of 20 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 TWO THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($2,700.00) 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 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.
EXHIBIT 2
A working 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 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 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 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 of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rightsact-of-1964.
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 HARASSMENT POLICY
The City 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 a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
EXHIBIT 2
The bidder shall 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
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, 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 ensure that the prevailing 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 https://www.dir.ca.gov/PublicWorks/Prevailing-Wage.html. 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 cost 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 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 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 EXHIBIT 2
deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR 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 Compliance 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 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
Pursuant 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. SANCTIONS
Deliverables 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. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the 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 therefore; 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.
EXHIBIT 2
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 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 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 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. CITY 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.
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 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 such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose 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.
EXHIBIT 2
It is further understood and agreed by and between the parties hereto 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.
ATTEST: CITY:
KATHERINE ROLAND, CMC, CPMC
INTERIM CITY CLERK
By: ____________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
By: ____________ _
HARRY BLACK
CITY MANAGER
B--'DIRTDYNASTY, y�;}/_
INC.
Stephen McPeak, SecretaryfTreasurer
46-5704806
Tax Identification No.
local Construction Contract - DIRT DYNASTY, INC. - PROJECT NO. WD24003A (Updated 10/18/23) EXHIBIT 2
LOCAL STREET RESURFACING PROGRAM FY 2023-24
SB1 - PAVEMENT REPAIR
PROJECT NO. WD24003A
BIDDING SCH EDU LE
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
1 2
3 4
5 6
7 Bid Forms
Description Unit
Mobilization LS
Traffic Control LS
Water Pollution Control LS
Material Compaction Testing LS (Certified 3rd Party Lab) Pavement Repair - (3.0-lnch) SY
Pavement Repair - (6.0-lnch) SY
Hot Mix Asphalt (Typle A) TON
Quantity Unit price
1 32,800. eio
1 3;ooo.c,o
1 q,c,oo.t,o
1 �000.00
4,900 \ 1.. go
500 iz.go
1,000 I 5!-oo
Total Price
32, <ioo.o o
3"2., 000, 00
t ooo. oo
5: ooo. 06
(e21
7 '2.o. oo
lo, 'f oo. ()0
I S-8', ooo. oo
TOTAL BID 3o5, q '2(). OO
BIDDER'S NAME ----�--- Dirt Dynasty, Inc. -----
Last Revised 03/05/2024
EXHIBIT A EXHIBIT 2 Page 9 of 36
REV 2024-03-25
Exhibit B:
Insurance Requirements
(Construction Contracts)
Contractor shall procure and maintain for the duration of the contract, and for five (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 EXHIBIT 2 Page 10 of 36
REV 2024-03-25
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, CG 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)
If any coverage required is written on a claims-made coverage form:
EXHIBIT B EXHIBIT 2 Page 11 of 36
REV 2024-03-25
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 claimsmade 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 waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT B EXHIBIT 2 Page 12 of 36
REV 2024-03-25
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 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 EXHIBIT B EXHIBIT 2 Page 13 of 36
REV 2024-03-25
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 Page 14 of 36
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
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. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
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' f
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT 2
Bond No. GM235990
Premium: $5,589.00
That we, DIRT DYNASTY, INC., a STATE OF CALIFORNIA CORPORATION, as Principal and GREAT MIDWEST INSURANCE COMPANY
__ , a corporation, organized and existing under the laws of the State of Texas _____ 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 FIVE THOUSAND NINE HUNDRED TWENTY AND 00/100 DOLLARS ($305,920.00), 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:
LOCAL STREET RESURFACING PROGRAM FY 2023-24
SB1 - PAVEMENT REPAIR
(PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounded 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,