Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS
(Equip Maint./Fleet, Solid Waste, Stormwater, Streets, Water, Wastewater) Page PW-12
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Public Works /
Water Treatment
Plant (Well
Sites)
PW-127 Water Treatment Plant NPDES Permits Expiration + 5 years
Mag,
Mfr, OD,
Ppr
S
Yes - After
QC & OD
Department Preference; City's permit
requires 5 years (Federal mandate is 3
years); 40 CFR §§122.21, 122.41,
122.44; CCP §337 et seq.
Public Works /
Water Treatment
Plant (Well
Sites)
PW-128 Water Treatment Plant NPDES Annual
Reports 5 years
Mag,
Mfr, OD,
Ppr
S
Yes - After
QC & OD
Department Preference; City's permit
requires 5 years (Federal mandate is 3
years0; 40 CFR §§122.21, 122.41,
122.44
Public Works /
Water Treatment
Plant (Well
Sites)
PW-129 Water Treatment Plant Operators Certificates
(posting required)
When
Superseded
Mag,
Mfr, OD,
Ppr
S
Yes - After
QC & OD Department preference; GC §34090
Public Works /
Water Treatment
Plant (Well
Sites)
PW-130 Water Treatment Plant Safety Training
Certificates (posting required)
Minimum 5
years
Mag,
Mfr, OD,
Ppr
S
Yes - After
QC & OD
Department preference; 8 CCR §3203 et
seq., 29 CFR 1627.3(b)(1), LC §6429(c);
GC §§12946, 21960, 34090
ATWATER, CA. ©1995-2023 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
Ver. 2.1 RECORDS RETENTION SCHEDULE: RECREATION & COMMUNITY EVENTS Page R&CE-1 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
RECREATION & COMMUNITY EVENTS
Recreation &
Community
Events
R&CE-001 _Recreation Activity Registration Database
(CivicRec)
Indefinite -
Minimum 2
years
Mag, Department preference; GC §34090
Recreation &
Community
Events
R&CE-002
Activity / Special Programs / Event Files
Children's Programs, Cultural Arts, Sports,
Seniors, Filming, Theatre Programs etc.
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
Department preference; GC §34090
Recreation &
Community
Events
R&CE-003 Activity Guide / Class Guide / Program Guide
(Final)
Minimum 2
years
Yes: During
Class or
Program
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
Department preference; GC §34090
Recreation &
Community
Events
R&CE-004
Applications / Participants' Registration / Liability
Forms / Release of Liability Forms / Photo
Releases / Waivers of Liability / Permissions:
Camps, Field Trips, Authorization to give
Medicine, etc.
2 years
Yes: During
Class or
Program
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
GC §34090
Recreation &
Community
Events
R&CE-005 Evaluations / Surveys (Programmatic Evaluations of Recreation programs)
When No
Longer
Required
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
Content Not Substantive / Preliminary
drafts / Transitory records; GC §34090
Recreation &
Community
Events
R&CE-006 Incident Reports 2 years
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
GC §34090
Recreation &
Community
Events
R&CE-007 Liability Waivers (if separate from another record) 2 years Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
GC §34090
Recreation &
Community
Events
R&CE-008
Park Facility Use Requests / Field Rentals /
Facility Use Applications and Permits (Includes
Insurance Certificates and ABC Permits where
appropriate)
2 years
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
GC §34090 et. seq.
ATWATER, CA. ©1995-2023 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
Ver. 2.1 RECORDS RETENTION SCHEDULE: RECREATION & COMMUNITY EVENTS Page R&CE-2 Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:
I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.
HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).
Recreation &
Community
Events
R&CE-009 Rosters / Sign-in / Sign-Out Sheets for classes and programs 2 years
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
GC §34090
Recreation &
Community
Events
R&CE-010 Schedules / Hours (classes and staff)
When No
Longer
Required
Mag,
Mfr, OD,
Ppr
S / I
Yes: After
QC'd &
OD
Content not substantive; Preliminary
drafts not retained in the ordinary course
of business; GC §34090
ATWATER, CA. ©1995-2023 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:
SUCCESSOR AGENCY TO
THE REDEVELOPMENT
AGENCY AGENDA REPORT
MEETING
DATE:
December 11, 2023
TO: Chair and Board of Directors of the Atwater Housing Successor FROM: Anna Nicholas, Finance Director
PREPARED
BY:
Julia Coronado, Project Accountant
SUBJECT: Adopting the Recognized Obligation Payment Schedule 24-25 for the July 1, 2024 through June 30, 2025 period and adopting the Administrative Budget for Fiscal Year 2024-25 (Treasurer of the Successor Agency Nicholas)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. SA 2023-4 adopting the Recognized Obligation Payment Schedule 24-25 for the July 1, 2024 through June 30, 2025 period and adopting the Administrative Budget for Fiscal Year 2024-25.
I. BACKGROUND/ANALYSIS:
BACKGROUND:
California's redevelopment agencies were dissolved statewide as of February 1, 2012.
The City of Atwater (“City”) is acting as the Successor Agency to the Atwater Redevelopment Agency (“Successor Agency”) to manage and curtail the operation of the dissolved Atwater Redevelopment Agency (“Redevelopment Agency”).
State law requires the Successor Agency to prepare an annual Recognized Payment Obligation Schedule (“ROPS”) setting forth the Successor Agency’s payment obligations for the following fiscal year. The ROPS is being presented to the Successor Agency Board for its consideration. The ROPS must be approved to receive funding for payment obligations each fiscal year.
ANALYSIS:
Recognized Obligation Payment Schedule
Health and Safety Code (“HSC”) Section 34177(l) requires the Successor Agency to prepare a ROPS showing all the obligations of the former Redevelopment Agency and the sources of funds for repaying obligations. This ROPS, covering the period July 1, 2024 through June 30, 2025 (“ROPS 24-25”), must be approved by the Countywide Oversight Board for the County of Merced (“Oversight Board”) and sent to the California State Department of Finance (“DOF”), State Controller’s Office, and the County AuditorCITY COUNCIL Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
Controller no later than February 1, 2024. The Successor Agency may face a fine of $10,000 per day for ROPS submitted after this deadline.
The Successor Agency requests a total of $1,115,159 for obligations in Fiscal Year 2024-25. The obligations listed on the ROPS include funding for the following:
• Bond Debt Service ($1,030,187);
• Contracts for bond administration and disclosure services ($8,550); and • Successor Agency Employee Costs - Administrative Costs ($76,422).
Administrative Budget
HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Oversight Board for approval. Per HSC Section 34177, each successor agency is limited to an administrative cost allowance of the greater of $250,000 or 3% of its approved non-administrative obligations in the previous ROPS year. The Successor Agency anticipates needing $76,422 of the $250,000 minimum annual administration allocation described in HSC Section 34171 (b), as shown in the attached Administrative Budget.
Cash Balances
The Report of Cash Balances in the current ROPS represents the Successor Agency’s cash balance as of June 30, 2022, as well as the inflow and outflow of funds during Fiscal Year 2021-22. Funds are being spent in a timely manner and are consistent with the approvals of the previous, local Oversight Board and DOF. The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations.
The Successor Agency has $348,380 of available Other Fund revenues. This has been applied to ROPS 24-25 obligations. A large portion ($157,576) of this amount includes additional other fund revenues which were not included in FY 20-21.
ROPS 21-22 Prior Period Adjustment
As required by HSC Section 34186 (c), the Successor Agency prepared a reconciliation between approved and actual payments on enforceable obligations from the ROPS covering Fiscal Year 2021-22 and submitted this reconciliation to the CAC prior to October 1, 2023. The reconciliation showed a difference of $36,767 between approved and actual expenditures that will be applied to ROPS 24-25 obligations.
II. FISCAL IMPACTS:
Adoption and transmittal of the ROPS are necessary to pay $1,115,159 in Successor Agency financial obligations from July 1, 2024 through June 30, 2025.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
Agenda Report - Page 3
This item is consistent with goal numbers one (1) and five (5) of the City’s Strategic Plan: to ensure the City’s continued financial stability and to support economic development that promotes a job housing balance, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item was coordinated between the Project Accountant/Redevelopment Assistant and the Finance Director.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not considered a project under provisions of Section 21065 of the Public Resources Code therefore not subject to analysis pursuant to the California Environmental Quality Act (CEQA) as this action will not directly or indirectly significantly affect the physical environment.
IX. STEPS FOLLOWING APPROVAL:
The Steps following approval will include submitting the ROPS and Administrative Budget to the Oversight Board for agenda consideration.
Submitted by: /s/ Anna Nicholas, Finance Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. 02 Atwater ROPS 24-25 and Admin Budget Successor Agency Resolution No. SA 2023-4
2. Atwater 24-25 ROPS RAD App
3. Atwater Administrative Budget FY 24-25
SUCCESSOR AGENCY
TO THE ATWATER
REDVELOPMENT AGENCY
RESOLUTION NO. SA 2023-4
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
ATWATER REDEVELOPMENT AGENCY APPROVING
THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE
2024-25 FOR JULY 2024 THROUGH JUNE 2025 AND
APPROVING THE SUCCESSOR AGENCY’S PROPOSED
ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2024-25
WHEREAS, the City of Atwater elected to serve as the Successor Agency to the former Atwater Redevelopment Agency (“Successor Agency”) pursuant to Assembly Bill x1 26, Assembly Bill 1484, and Senate Bill 107 (collectively the “Dissolution Act”) as codified in the California Health & Safety Code (“HSC”); and
WHEREAS, among the duties of successor agencies under the Dissolution Act is the preparation of a Recognized Obligation Payment Schedule (“ROPS”) for the ensuing two six-month periods for consideration by a local oversight board and the California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and
WHEREAS, the Dissolution Law requires that the proposed ROPS be transmitted to the countywide oversight board for its approval and subsequently transmitted to the county auditor-controller, State Controller’s Office, and DOF for their consideration; and WHEREAS, the proposed ROPS 24-25 for Fiscal Year 2024-25, attached hereto as Exhibit “A”, has been prepared and is consistent with the provisions of the Dissolution Law and in the format made available by DOF; and
WHEREAS, HSC Section 34177(j) requires the Successor Agency to prepare a proposed administrative budget and submit it to the Countywide Oversight Board for the County of Merced (“Oversight Board”) for approval; and
WHEREAS, the Successor Agency’s proposed Fiscal Year 2024-25 Administrative Budget for the period from July 1, 2024 to June 30, 2025 has been reviewed, and by this Resolution the Successor Agency desires to approve such Administrative Budget and authorize submittal thereof to the Oversight Board for its review and approval; and WHEREAS, the Oversight Board will review the 2024-25 ROPS and Administrative Budget on January 25, 2024; and
Resolution No. SA 2023-4 Page 2
WHEREAS, the Successor Agency desires to approve the ROPS and transmit it to various parties as required by the Dissolution Law.
NOW, THEREFORE, the Successor Agency to the Atwater Redevelopment Agency does hereby resolve as follows:
Section 1. Recitals.
The Recitals set forth above are true and correct and incorporated herein by reference.
Section 2. Approval of ROPS 24-25.
The Successor Agency hereby approves and adopts the ROPS 24-25 covering the period of July 1, 2024 through June 30, 2025, in substantially the form attached hereto as Exhibit A, as required by the Dissolution Law. The Successor Agency also accepts administrative revisions made to the ROPS 24-25 in order to enable the Successor Agency to submit the ROPS 24-25 to DOF by the deadline of February 1, 2024.
Section 3. Approval of Successor Agency Fiscal Year 2024-25 Administrative Budget.
Pursuant to the Dissolution Law, the Successor Agency approves the Fiscal Year 2024- 25 Administrative Budget for the period July 1, 2024 to June 30, 2025 submitted herewith as Exhibit B, which is incorporated herein by this reference.
Section 4. Posting; Transmittal of ROPS to Appropriate Agencies.
The City Manager is hereby authorized and directed to post a copy of the ROPS on the City’s website and transmit a copy of the ROPS to the offices of the Merced County Auditor-Controller, the California State Controller’s Office, and the State of California Department of Finance upon the Oversight Board’s approval.
The foregoing resolution is hereby adopted this 11th day of December, 2023.
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED:
_____________________________
MIKE NELSON, MAYOR
ATTEST:
______________________________
KORY BILLINGS, CITY CLERK
Resolution No. SA 2023-4 Page 3
EXHIBIT A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025
Resolution No. SA 2023-4 Page 4
EXHIBIT B
SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Atwater
County: Merced
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ 348,380 $ 348,380 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - 348,380 348,380
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 105,516 $ 661,263 $ 766,779 F RPTTF 29,094 661,263 690,357
G Administrative RPTTF 76,422 - 76,422
H Current Period Enforceable Obligations (A+E) $ 105,516 $ 1,009,643 $ 1,115,159 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Atwater
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$2,828,216 $1,115,159 $- $- $- $29,094 $76,422 $105,516 $- $- $348,380 $661,263 $- $1,009,643 5 Contract for
bond
administration
Fees 07/01/
2007
07/01/2027 Bank of
New York
Mellon
Trust
Company
Professional
services
Atwater
Downtown
Redevelopment
Project Area
10,100 N $5,050 - - - - - $- - - - 5,050 - $5,050
7 Contract for
disclosure
services
Fees 07/01/
2012
06/30/2026 A.M.
Peche &
Associates
Professional
services
Atwater
Downtown
Redevelopment
Project Area
7,000 N $3,500 - - - 3,500 - $3,500 - - - - - $-
12 Successor
Agency
Employee
Costs
Admin
Costs
01/01/
2011
06/01/2026 City of
Atwater
Administrative
Costs
Atwater
Downtown
Redevelopment
Project Area
750,000 N $76,422 - - - - 76,422 $76,422 - - - - - $-
15 2017 TARB
Series A
Refunding
Bonds
Issued
After 6/
27/12
09/01/
2017
06/01/2026 Bank of
New York
Mellon
Trust
Company
Refunding of
1998 & 2007
Bonds
Atwater
Downtown
Redevelopment
Project Area
2,061,116 N $1,030,187 - - - 25,594 - $25,594 - - 348,380 656,213 - $1,004,593
Atwater
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
291,820 95,928 F: Other Funds retained for ROPS 21-22
($18,123) and 22-23 ($86,078) + Other Funds
remaining 6/30/21 ($4,004), + Additional
20-21 Other Fund Revenues ($157,576) +
Extra funds from revised PPA 20-21
($26,038) G: PPA 18-19 ($41,610), 19-20
($44,983), and 20-21 ($9,335)
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
160,761 1,059,752 F: 21-22 revenues Fund 3064 and 3067 G:
RPTTF Revenue - 21-22A Dist + 21-22B Dist
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
18,123 1,064,596 PPA 21-22
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
86,078 54,317 F: Other Funds retained for ROPS 22-23
($86,078) G: PPA 19-20 ($44,983) and 20-21
($9,335).
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 36,767 PPA 21-22
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $348,380 $- Other Funds applied to ROPS 24-25
Atwater
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
5 7
12 15
Prepared by: Prepared for: 11/16/23
FY 2024-25 Administrative Activities Personnel
County Auditor Controller correspondence/coordination Successor Agency Staff, RSG, Legal Counsel County Oversight Board correspondence/coordination Successor Agency Staff, RSG, Legal Counsel State correspondence/coordination Successor Agency Staff, RSG, Legal Counsel Prepare ROPS Successor Agency Staff, RSG, Legal Counsel Prepare admin budget Successor Agency Staff, RSG, Legal Counsel Management of dissolution activities Successor Agency Staff, RSG, Legal Counsel Annual Audit Badawi & Associates
Manage/monitor finances Successor Agency Staff, RSG
Prepare staff reports and resolutions Successor Agency Staff, RSG Successor Agency Administrative Budget Description Total Successor Agency Staff Costs Salaries, Wages, Benefits 29,422 RSG, Inc.
Advisory Services (ROPS Preparation, Legislative
Guidance, Property Disposition, Cash Flow Projections,
State/County Correspondence, Meeting Attendance,
etc.)
25,000
Badawi & Associates Audit Services 5,000
Union Pacific Railroad Landscaping Lease 2,000
Successor Agency Legal Counsel Legal Services 15,000
Grand Total 76,422
Atwater Successor Agency 2024-25 Administrative Budget
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
December 11, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Awarding a Purchase Order with Aqua Metric for Water Meter Software (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Waives the Formal Procurement Process and awards a sole source purchase to Aqua Metric of Sacramento, California for water meter software, in amount not to exceed $38,400.00; and authorizes and directs the City Manager, or her designer, to execute the Purchase Order on behalf of the City.
I. BACKGROUND/ANALYSIS:
With the city moving towards metering the whole city, staff feels like it would help the customers to be able to follow their water usage in real time, without having to call city staff to get updates. This will make it easier for the customers as well as not take up valuable staff time with inquires regarding water consumption. With almost half the city just getting acclimated to being on a water meter, there could be hours of calls daily that would be avoided by purchasing meter software.
The software is Vxsmart, which is the software used for Sensus meters, which is the brand of meters the city currently uses. This software provides analytics and insights into customer's usage, alerts and notifications if water consumption is higher than normal, as well as payment and billing integration. All of this can be accessed through the customer's portal. The city will enter into an annual contract for the metering software, which will be approximately $16,000 a year. Staff can decide each year if the software is beneficial and move forward with another year or to discontinue the software. The first year of the software is included in the $38,400 price as well as a onetime setup fee and an integration fee.
In accordance with the City of Atwater Purchasing System Manual, Section 9- Procurement Methods, "Sole Source Purchases", City formal bidding requirements may be dispensed when the services or goods are only available from one source either because: (1) the brand or trade name article, goods, or product or propriety service is the only one which will properly meet the needs of the City; or (2) the item or service is
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
unique and available only form a sole source; or (3) the item or service is designed to match others already in use or necessary to be compatible with others already in use.
Sensus branded products are used for the city's water meter system. Aqua Metric is the only authorized local distributor in the area to sell and service Sensus Metering Systems products, which are the only compatible meter software for the city's meter system.
Aqua Metric has provided documentation stating this information as seen in "Exhibit B".
II. FISCAL IMPACTS:
Sufficient funding is available in FY 2023-24 Budget, Water Fund, Water Department, Special Department Expense, Account No. 6000.7010.2021.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal number one (1) of the City's Strategic Plan: to ensure the City's continued financial stability.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This item is not considered a "project" under Section 21065 of the Public Resources Code as it will not directly or reasonable indirectly affect the physical environment and therefore is not subject to review or analysis.
IX. STEPS FOLLOWING APPROVAL:
The Public works Department will coordinate with Administration and Finance to execute the Purchase Order.
Submitted by:
Agenda Report - Page 3
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Aqua Metric Sales Quote
2. Sole Source Letter
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
December 11, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
John Seymour, City Engineer
SUBJECT: Accepting the First Street Overlay Project as Complete (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Accepts work done under the contract for First Street Overlay Project, City Project No. 23-06; authorizes a final payment in the amount of $28,372.49 for a project total of $567,449.76; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City.
I. BACKGROUND/ANALYSIS:
The specifications and scope of work for the First Street Overlay Project, between Bellevue and Juniper Ave, consisted of grinding the existing asphalt concrete, installation of an asphalt paving mat, an overlay of 1 1/2" of asphalt concrete over the mat, and upgrading all concrete curb returns to ADA complaint curb returns. This is approximately 200,000 square feet of pavement overlay. This will also include approximately 50 feet of overlay on intersecting streets that do not have a gutter.
Bid proposals for this project were opened on Thursday, September 28, 2023, at 2:00 P.M. and were totaled and reviewed for responsiveness. Eight (8) bid proposals were received. Bid amounts ranging from $564,270.00 to $867,125.00. The project was awarded to United Pavement Maintenance Inc. of Hughson California.
II. FISCAL IMPACTS:
Sufficient funding to pay the retention amount of $28,372.49 is contained in the Project Retention liability account; 1010-0000-4101.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
IV. EXISTING POLICY:
This item consists of goals number one (1) and two (2) of the City's Strategic Plan; to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class 1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, the City Manager will execute the Notice of Completion and the City Clerk’s office will record the Notice; the final payment to United Pavement Maintenance will be processed. Acceptance of the contract begins the 1 year guarantee period, during which staff monitors the completed improvements for any required corrective work. Contract bonds remain in place for 1 year or until the completion of any required corrective work.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Exhibit A - Notice of Completion (First Street Overlay)
Agenda Report - Page 3
Recorded at the request of:
CITY CLERK
Return to
CITY OF ATWATER
1160 FIFTH STREET
ATWATER, CA 95301
NOTICE OF COMPLETION
(INDIVIDUAL OR CORPORATION)
Notice is Hereby Given That:
1. The work of improvement as a whole was completed upon the hereinafter described real property on: December 11, 2023.
2. The name and address of the owner giving and filing this notice:
Name Street and No. City State
CITY OF ATWATER 750 BELLEVUE ROAD ATWATER CALIFORNIA
The interest of said owner was acquired subsequent to the commencement of the work of improvement from:
Name Street and No. City State
N/A
The names and addresses of all other co-owners, if any, who own an estate or interest in said real property, whether as joint tenants or tenants in common, or otherwise, are:
Name Street and No. City State
N/A
3. That the nature of the interest or estate of the owner in and to said real property is in fee: _______yes________
4. That the name of the original contractor for the work of improvement referred to above is: United Pavement Maintenance Inc. of Hughson,CA
5. That the street address of said property is: First Street Between Juniper Ave and Bellevue Road
6. That the real property herein referred to is situated in the City of Atwater, County of Merced, State of California, and particularly described as follows:
First Street Overlay Project
City Project No. 23-06
Verification for CORPORATE owner: _______________________________________
LORI WATERMAN, CITY MANAGER
STATE OF CALIFORNIA
} ss
County of Merced
On before me, Janell Martin, Notary Public, personally appeared Lori Waterman, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
JANELL MARTIN, NOTARY PUBLIC
2024 CITY COUNCIL COMMITTEE ASSIGNMENTS:
Mayor’s Committee Assignments
Mayor Pro Tem – Raymond
Merced County Association of Governments - MCAG Nelson
(1 representative and 1 alternate) Raymond (Alternate)
League of California Cities Central Valley Division – Cale (1 voting delegate and 2 alternates) Ambriz & Button (Alternates) City Audit & Finance Committee Ambriz & Button
(2 representatives)
LAFCO Raymond
(1 representative)
USP/Atwater Community Liaison Group Nelson
(1 representative and 1 alternate) Raymond
Atwater Community Services/Neighborhood Watch Button
(1 representative)
4 th of July Committee Cale
(1 representative)
San Joaquin Valley Air Pollution Control District Ambriz (1 representative and 1 alternate) Button (Alternate)
MIUGSA Justin Vinson
(1 representative and 1 alternate) Greg Thompson (Alternate) MIRWMA Nelson
(1 representative and 1 alternate) Cale (Alternate)
ACE Train Raymond
(1 representative and 1 alternate) Nelson (Alternate)
One Voice Cale
(1 representative and 1 alternate) Ambriz (Alternate)
Bloss Mansion Raymond & Nelson
(2 representatives)
Christmas Parade Cale & Ambriz
(2 representatives)
General Plan Tech Advisory Committee Nelson & Raymond
(2 representatives)
Last updated: 12-13-23
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
December 11, 2023
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Awarding a General Construction Contract with DGN Build for the Tenant Improvements at Civic 2 - 1350 Broadway Avenue (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Motion to award a General Construction Agreement, in a form approved by the City Attorney, to DGN Build of Stockton, California, for the Tenant Improvements at Civic 2, City Project 21-03, in an amount not to exceed $1,285,000 and authorize construction contract change order up to an aggregate amount of $128,500 (10%); and authorizes and directs the City Manager or her designee to execute all contract documents on behalf of the City; or
Motion to approve staff's recommendations as presented.
I. BACKGROUND/ANALYSIS:
The City of Atwater purchased a building at 1350 Broadway Ave with the intention of moving the Finance Department, Planning Department, Building Department, Engineering Department, and Economic Development into the building and providing their services in the downtown district of Atwater. Staff conducted a space analysis to ensure that all departments would be able to fit inside the footprint of the building. It was determined that there would be ample room for all departments to be housed at 1350 Broadway Ave.
During the design phase of the project, Centerline Design met with city staff to meet the needs of their departments and space in the building. Centerline Design included these requests in the plans. Some of these requests were that the Finance Department only be accessible to employees in the Finance Department, larger bathrooms, enough service windows to accommodate high volume traffic times, a conference room, and a large enough lobby for the residents. There will also be ADA parking located across the street in the city parking lot with an ADA-accessible route to the future City Hall.
Bid proposals for this project were opened on Thursday, September 30, 2023, at 2:00
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Page 2
P.M. and were totaled and reviewed for responsiveness. Seven (7) bid proposals were received. The Bid Summary (Exhibit "A") shows the bid amounts ranging from $1,285,000 to $1,610,000.
Staff has reviewed the bids and determined that the bid submitted by DGN Build of Stockton, California in the amount of $1,285,000 is a responsive and acceptable bid.
The recommended contract administration practice is to include 10% of the bid amount as contingency funds for unforeseen and necessary changes to the contract. Staff is recommending a total construction budget of $1,413,500. This total budget includes the construction contract amount of $1,285,000 for bid items and $128,500 contingency with contractor.
II. FISCAL IMPACTS:
Sufficient funding for this project is available in the ARPA Fund, Civic Center 2 FY 2023- 24; Account No. 1010.1080.V001.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item consists of goals number one (1) and two (2) of the City's Strategic Plan; to ensure the City's continued financial stability and to improve public safety, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been reviewed by all departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class 1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
IX. STEPS FOLLOWING APPROVAL:
Following City Council's approval for the award of contract, staff will issue a notice of award to the contractor, hold a pre-construction meeting, and issue a notice to procced,
Agenda Report - Page 3
with construction to follow.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Lori Waterman, City Manager
Attachments:
1. Bid Summary
2. Construction Services Agreement (12.6.23)
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
BID SUMMARY
PROFESSIONAL SERVICES
Project No. 21-03: General Construction Services for Tenant Improvements at Civic Center Building 2 Project
Account # 1010-1080-V001
No. Contractor Bid Total
1 DGN Build $1,285,000
2 ANV Contractors $1,375,000
3 State Pro Builders $1,375,831
4 Flex Pro $1,410,668
5 Marvulli $1,435,000
6 Menghetti Construction $1,504,000
7 TPM Construction $1,610,000
Please see attached supporting documents.
Thank you,
Ana Jaramillo
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 1 of 13
GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and ______________ (“Contractor”) as of ____________, 20XX, City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.
1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:
A. This Contract;
B. Plans and Specifications for PROJECT NO.____;
C. Special Provisions for PROJECT NO.____;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.
Any and all obligations of the City and the Contractor are fully set forth and described therein.
All of the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.
2. Effective Date. This Contract shall only become effective once all of the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).
3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions. Section 8-1.14 of the 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 Caltrans Standard Specifications allows for termination in accordance with 49 CFR
26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.
4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. ___, entitled, “______________________________ PROJECT” for construction in Atwater, Merced
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 2 of 13 County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.
City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.
5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:
BASE BID
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
1 Mobilization
2 Traffic Control
3 SWPPP & Erosion Control
4 QSP Site Monitoring
5 Demolish and remove AC structural
section
6 Demolish and remove existing
sidewalk, curb and gutter and drive
approaches
7 Demolish and remove existing curb
ramps and cross gutters
8 Remove existing street light
9 Construct 6” thick concrete drop
driveway approaches and
associated gutter pans
10 Construct 6” thick concrete cross
gutter
11 Construct/Widen Concrete
Sidewalks and Construct ADA
Ramps
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 3 of 13 ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
ITEM
PRICE
12 Construct Curb and Gutter
(excludes gutter pan along
driveways)
13 Construct Type A1 Curb
14 Install Truncated Domes to ADA
Curb Ramps
15 Furnish and Install Type 9A ES-7K
Pole, RRFB, and all associated
signage
16 Furnish and Install ES-7A Rapid
Flashing Beacons with Pole, Push
Button Assembly and all associated
signage
17 Furnish and Install Type 9A,
Flashing Beacon on Type 19-1-100
Signal and Lighting Standard,
Pushbutton Assembly, Rapid
Flashing Beacons and all
associated signage
18 Furnish and Install Traffic Loops
19 Sign relocation
20 Valley Gutter Replacement
21 Wooden Fence Replacement
22 Chain Link Fence Replacement
23 Wrought Iron Fence Replacement
24 Construct New Pavement Section:
4” A.C. over 13” A.B.
25 Striping
26 Joint/Power Pole Relocation
27 Raise to Grade Manholes, Utility
Boxes, Monument Wells, Water
Meter Box and Utility Vault
(74 Total)
TOTAL BASE BID: $
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 4 of 13 [DEDUCTIVE/ADDITIVE (IF ANY)] ALTERNATE 1
ITEM
NO. ITEM UNIT OF MEASURE
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL ITEM
PRICE
Total Contract Amount = Base Bid + Bid Alternate __ (if any): $______________________ Additional services may be authorized by the City Manager in an amount up to, but not to exceed __% of the Total Contract Amount stated above as $________________. In the event that additional services are deemed necessary, the Contractor shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure, in whole or in part, based upon a recommendation by the Public Works Director, or his designee. If additional services are requested and approved, they shall not exceed the amount approved in writing by the City Manager. In that event, the new total compensation shall not exceed the Total Contract Amount as stated herein, plus __% of that price,, or $__________. If additional services in excess of this amount (total contract price plus __%) are deemed necessary by City staff, an amendment to this Agreement will be required and must be approved by City Council prior to commencing the work.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 5 of 13
6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work. The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, with or without cause, or for convenience or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than fifteen (15) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.
7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested. Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.
If to City: Lori Waterman, City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
If to Contractor: ___________________
___________________
___________________
If to Surety: ___________________
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 6 of 13
8. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.
9. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).
10. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:
A. Minimum Scope of Insurance.
1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $4,000,000.
2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled
ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.
3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.
4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative,
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 7 of 13 the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).
5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.
6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.
B. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to the City, its officers, public officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
C. Other Insurance Provisions.
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:
1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.
2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 8 of 13
6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.
D. Acceptability of Commercial Insurers.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A:
VII.”
E. Verification of Coverage.
Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
F. Subcontractors.
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.
G. For Construction Risks.
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.
The Course of Construction insurance policies shall contain the following provisions:
1. The City shall be named as loss payee; and
2. The insurer shall waive all rights of subrogation against the City.
11. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 9 of 13 Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.
Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Contract is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
12. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.
13. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.
The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City’s payment procedure.
Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 10 of 13 unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute.
When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.
The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.
It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.
14. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract.
It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.
15. Article VI. The improvements contemplated in the performance of this Contract is a Federal-Aid improvement over which the State of California shall exercise general supervision.
The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.
16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. (c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 11 of 13 by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Contract have been fully complied with.
(d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered into this Contract. Each Party has participated fully in the review and revision of this Contract.
Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.
(e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.
(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
(j) Entire Contract. This Contract, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 12 of 13 (n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.
(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 13 of 13 IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.
CITY OF ATWATER, a Municipal Corporation _____________________________________
By: _______________________________________ By:________________________________________ Lori Waterman, City Manager Contractor licensed in accordance with an act providing for the registration of contractors.
ATTEST:
By: ________________________________________
Kory J. Billings, City Clerk
APPROVED AS TO FORM:
By: ________________________________________
Frank Splendorio, City Attorney
ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. ________ TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS: ________________________________ _____________________ / $ ______________________ PHONE: ___________________________________ FAX: _____________________________________
EMAIL: ___________________________________
By: __________________________________________ (SEAL)
Finance Director Verification
CITY OF ATWATER
2024 REGULAR MEETING SCHEDULE
Jan Feb March April May June July Aug Sept Oct Nov Dec
Location of all listed
meetings: City
Council Chambers
City Council
8 &
22 12
&
26 11
&
25 8
&
22 13
&
28 10
&
24 11^ 12
&
26 9
&
23 14
&
28 12^ 9^
2 nd and 4th Monday of
each month - 6:00 PM
(Unless otherwise
noted)
City Council Chambers – City Hall – 750 Bellevue Road
*Should the regular meeting fall on a legal holiday, the meeting shall be held on the next business day. ^The 2nd meeting of the month has been cancelled.
The City Council meets as the Successor Agency to the Atwater Redevelopment Agency, the Atwater Public Improvement Corporation, the Atwater Public Financing Authority, the Atwater Housing Authority, and the Atwater Fire Protection District.
However, unless specific items of business are to be conducted, these corporations will not be officially convened.