In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.
CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
September 9, 2024
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
City Council Agenda for Meeting of September 9, 2024 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) CEREMONIAL MATTERS:
• Certificate of Recognition - Julio Gutierrez
Staff's Recommendation: That City Council Member Cale recognize Julio Gutierrez for raising funds for a backpack drive for over 60 children.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If a Councilmember requests separate discussion on any item, that item will be removed from the Consent Calendar for separate action.
WARRANTS
1. September 9, 2024
Staff's Recommendation: Acceptance of reports as listed.
MINUTES: (City Council)
2. a.) August 12, 2024- Regular meeting
b.) August 26, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
AGREEMENTS:
3. Approving a Purchase Agreement (Purchase Order) with Calgon Carbon for Granulated Activated Carbon Exchange at Central Site (Public Works Director Vinson)
Staff's Recommendation: Approve a Purchase Agreement
(Purchase Order) to Calgon Carbon of Moon Township, Pennsylvania for Granulated Activated Carbon (GAC) Exchange at Central Site, in an amount not to exceed $91,590; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.
City Council Agenda for Meeting of September 9, 2024 Page 3
4. Approving Change Order to Purchase Agreement (Purchase Order) with Tesco Controls, Inc of Sacramento, California for a Control Panel for the Future Storm Pond/Basin for Lower Shaffer Drainage Project (Public Works Director Vinson)
Staff's Recommendation: Approve Change Order No. 1 to Tesco Controls, Inc of Sacramento, California for a control panel for the future storm pond/basin for the Lower Shaffer Drainage Project, in an amount not to exceed $1,965.00; and authorize and direct the City Manager, or designee, to execute the Change Order on behalf of the City.
5. Approving a Construction Agreement with Champion Courts, Inc. for the Resurfacing of the Tennis Courts at Osborn Park (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No. 3485-24, Approving a Construction Agreement, in a form approved by the City Attorney, to Champion Courts, Inc. of West Sacramento, California, for the resurfacing of two tennis courts in Osborn Park, City Project 24-11, in an amount not to exceed $29,300.00 and authorize construction contract change orders up to an aggregate amount of $2,930.00 (10%); and authorize and direct the City Manager to execute all contract documents on behalf of the City.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:
6. Rejection of all Bids related to the Downtown Pedestrian Improvement Project- Phase II Bid Opening on August 20, 2024 (Deputy City Manager Thompson)
Staff's Recommendation: Motion to Reject all bids received at the bid opening on August 20, 2024 at 2:00 PM for the Downtown Pedestrian Improvement Project- Phase II, City project number 20-8 Federal Project CML-5254 (031), CRP-5254 (031); and Authorize staff to revise the bid package and Re-Advertise the downtown Pedestrian Improvement Project- Phase II, and return to City Council prior to the next action; or
Motion to accept staff's recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
7. Update from the Office of the City Manager
City Council Agenda for Meeting of September 9, 2024 Page 4
COMMENTS FROM THE PUBLIC
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
CITY COUNCIL REPORTS/UPDATES
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
ADJOURNMENT
CERTIFICATION:
I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS
CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk during normal business hours at 1160 Fifth Street, Atwater, California.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road, Atwater, California.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.
City Council Agenda for Meeting of September 9, 2024 Page 5
6 13
27 20
7 21
14 28
1 8
22 29
15 30
2 9
23 16
4 11
25 18
5 12
26 19
3 10
24 17
SEPTEMBER 2024
S U N M O N T U E W E D T H U F R I S A T
City Council
Meeting - 6:00 PM
City Council
Meeting - 6:00 PM
Audit & Finance
Meeting - 4:30 PM
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Trash pick up
delayed - 1 day
City Holiday
Citizens’
Oversight Committee
Meeting - 5:30 PM
National Day of
Remembrance -
Community Center
8:30AM
Movies in the Park
Kung Fu Panda 4
(Veterans Park)
Osborn Park
Expansion
Workshop/
Community Center
- 6:00 PM
OCTOBER 2024
1 8
22 29
15 30
2 9
23 16
7 21
14 28
4 11
25 18
5 12
26 19
6 13
27 20
3 10
24 17
31 S U N M O N T U E W E D T H U F R I S A T
City Council
Meeting - 6:00 PM
City Council
Meeting - 6:00 PM
Audit & Finance
Meeting - 4:30 PM
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Atwater National
Night Out -
4:30PM - 6:30PM
(Ralston Park)
Warrant Summary September 9, 2024
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
9/9/2024 Warrant
Prewrittens (Checks Processed Between Warrants)
Total Accounts Payable Warrants:
Additional Warrants
Amount
$ 1,216,546.46
$ 15,486.42
$ 1,232,032.88
Date Description Amount
8/23/2024 AFLAC $ 391.29
8/23/2024 AFSCME District Council 57 $ 1,033.20
8/2 3/2024 Atwater Police Officers Association $ 3,265.19 8/23/2024 EPARS Employee 457 Plan (PNC Bank) $ 4,863.00 8/23/2024 PERS Retirement 8/1/24 - 8/14/24 $ 65,538.17
8/23/2024 State Disbursement - Child Support $ 115.38
8/29/2024 Retiree Medical Reimbursement - September 2024 $ 40,812.53 9/4/2024 Federal Taxes (Cash Out) $ 1,527.16
Total Additional Warrants: $ 117, 545.92
Payroll
Date Description Amount
8/22/2024 Net Payroll $ 208,885.56
8/23/2024 Federal Taxes $ 73,287.05
8/23/2024 State Taxes $ 9,605.30
Total Payroll: $ 291,777.91
Grand Total: $ 1,641,356.71
f
Anna Nicholas, Finance Director Mark Borba, City Treasurer
Accounts Payable
Checks for Approval
User: jmurillo
Printed: 9/5/2024- 12:18 PM
ry of
twater
7&O Bellevue Pox, fl tet CA 93Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26077 08/23/2024 General Fund Garnishments FRANCHISE TAX BOARD 100.00 Check Total: 100.00
26078 08/23/2024 General Fund Life Insurance Payable UNUM LIFE INSURANCE 107.02 26078 08/23/2024 General Fund Life Insurance Payable UNUM LIFE INSURANCE 10.02 26078 08/23/2024 General Fund Life Insurance Payable UNUM LIFE INSURANCE 96.99 Check Total: 214.03
26079 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 573.49 Check Total: 573.49
26080 08/29/2024 Employee Benefits Fund Health Insurance, Retirees MANUEL DURAN 85.37 Check Total: 85.37
26081 08/29/2024 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 410.10 Check Total: 410.10
26082 08/29/2024 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 643.16 Check Total: 643.16
26083 08/29/2024 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 867.97 Check Total: 867.97
26084 08/29/2024 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 150.55 Check Total: 150.55
26085 08/29/2024 Measure V Regional Fund Bellevue Road Realignment MERCED COUNTY 2,966.75 Check Total: 2,966.75
26086 08/29/2024 Public Safety Trans & Use Tax Improvements Other Than Bldg MERCED ROOFING AND CONSTRUCTION 9,475.00 AP-Checks for Approval (9/5/2024 - 12:18 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total:
Report Total:
9,475.00
15,486.42
AP-Checks for Approval (9/5/2024 - 12:18 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
9/5/2024- 2:31 PM
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 08/23/2024 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 1,033.20 0 08/23/2024 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 3,265.19 0 08/23/2024 General Fund Deferred Compensation PNC BANK 800.00 0 08/23/2024 General Fund Deferred Compensation PNC BANK 4,063.00 0 08/23/2024 General Fund Aflac Premiums AFLAC PLANS 96.75 0 08/23/2024 General Fund Aflac Premiums AFLAC PLANS 195.65 0 08/23/2024 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 25,970.26 0 08/23/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 19,047.90 0 08/23/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 4,454.70 0 08/23/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 252.53 0 08/23/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 19,047.90 0 08/23/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 4,454.70 0 08/23/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 59.06 0 08/23/2024 General Fund Aflac Premiums AFLAC PLANS 98.89 0 08/23/2024 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 9,605.30 0 08/23/2024 General Fund Pers Deduction PERS-RETIREMENT 3,028.52 0 08/23/2024 General Fund Pers Deduction PERS-RETIREMENT 1,020.49 0 08/23/2024 General Fund Pers Deduction PERS-RETIREMENT 8,960.78 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 1,140.54 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 6,749.00 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 18,234.73 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 10,558.52 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 2,940.90 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 10,368.11 0 08/23/2024 General Fund Pers Benefits PERS-RETIREMENT 786.58 0 08/23/2024 General Fund Garnishments STATE DISBURSEMENT UNIT 115.38 0 08/23/2024 Employee Benefits Fund Professional Services PERS-RETIREMENT 1,750.00 Check Total: 158,098.58
AP-Checks for Approval (9/5/2024 - 2:31 PM) Page 1
Accounts Payable
Checks for Approval
User: jmurillo
Printed: 9/5/2024 - 2:33 PM
'iv
twater
T C Deucvuc Rn c1 / at r Of 4 aw O
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/04/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 618.85 0 09/04/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 618.85 0 09/04/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 144.73 0 09/04/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 144.73 Check Total: 1,527.16
0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees FRANK ORMOND 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees FRANK PIETRO 510.45 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JOHN RASMUSSEN 587.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees SANDY KAHN 762.27 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees TONY RAMIREZ 867.97 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees THOMAS PROTHRO 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees WILLIAM RICHARDS 196.41 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees KELLY SORENSEN 1,278.51 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees MIKE STANFORD 855.06 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees BARBARA RIIS CHRISTENSEN 577.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JUAN SUFUENTES 1,650.12 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ROBERTO ROMERO 472.62 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JOHN SMOTHERS 740.16 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DENNIS O. SPARKS 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees EARL WEATHERS 587.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ELIZABETH WILDE 867.97 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees GREG WELLMAN 609.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees CYNTHIA THOMPSON 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees EDWARD VELASQUEZ 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees CHARLIE WOODS 587.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DICK WISDOM 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees NANCY WILLIAMS 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees LORI WATERMAN 666.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DOUGLAS P. TILLEY 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ROBERT VASQUEZ 208.94 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees BENJAMIN THOMAS 1,357.10 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DAVID WALKER 609.06 AP-Checks for Approval (9/5/2024 - 2:33 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees CHRISTIAN HAMBRECHT 666.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees SAMUEL JOSEPH 1,553.12 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees STANLEY FEATHERS 587.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DARIN JANTZ 1,456.33 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JAMES ATKINSON 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ALLAN BOYER 649.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees TYNA LAMISON 695.15 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ANTHONY CARDOZA 812.16 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees PATRICK FARETTA 936.40 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees KIM BENGSTON-JENNINGS 523.12 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees LINDA FERRERO 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees STEPHEN LUNDGREN 208.25 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees KEN JENSEN 355.41 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees STEVE KJOS 587.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees GLEN C. CARRINGTON 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees GEORGE LOGAN 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees LOIS BELT 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JESUS F. DURAN 1,579.79 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ROBERT CALLAWAY 577.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees SCOTT DUNCAN 1,386.49 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees DEBRA COURT 196.41 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees NELSON CRABB 601.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees MICHAEL KEELER 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees RANDALL CARROTHERS 1,429.18 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ADOLFO LOMELI 1,447.97 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees ARMANDO ECHEVARRIA 867.97 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees BOBBY GREGORY 2,507.94 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees LEN GUILLETTE 1,054.58 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees HARRY E. DUNN 587.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JOSEPH HOFFAR 458.10 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees RICHARD HAWTHORNE 577.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees CHRISTOPHER A. MCDANIEL 246.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees MARGARET MERRITT 150.55 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JERRY MOORE 577.67 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees JEFF MONDLOCH 184.34 0 08/29/2024 Employee Benefits Fund Health Insurance, Retirees RENE MENDOZA 577.67 Check Total: 40,812.53
AP-Checks for Approval (9/5/2024 - 2:33 PM) Page 2
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
9/5/2024 - 12:20 PM
fHP 4X ..
':i Txeiw..
7&O BOlIc v1 F f atet CAA 93Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/09/2024 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 1,480.91 0 09/09/2024 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 67.15 0 09/09/2024 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 26.48 0 09/09/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 182,653.13 0 09/09/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 59,583.33 0 09/09/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 35,530.73 0 09/09/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 92,916.67 Check Total: 372,258.40
26087 09/09/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 138.37 26087 09/09/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 138.37 26087 09/09/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 138.37 26087 09/09/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 45.24 26087 09/09/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 45.24 26087 09/09/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 45.23 26087 09/09/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 780.98 26087 09/09/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 780.98 26087 09/09/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 780.98 26087 09/09/2024 Water Enterprise Fund Office Supplies ABS DIRECT INC 1,833.34 26087 09/09/2024 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 1,833.33 26087 09/09/2024 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 1,833.33 Check Total: 8,393.76
26088 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense AIRGAS USA, LLC 155.43 26088 09/09/2024 Water Enterprise Fund Special Departmental Expense AIRGAS USA, LLC 41.29 Check Total: 196.72
26089 09/09/2024 General Fund Professional Services ALTEC INDUSTRIES INC 821.07 Check Total: 821.07
26090 09/09/2024 Water Enterprise Fund Accounts Payable ALONDRA ALVAREZ 206.39 -
-
AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 206.39
26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES -14.99 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 71.50 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.48 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 30.42 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 30.40 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 5.30 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 69.55 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 101.61 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 205.53 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 48.10 26091 09/09/2024 General Fund Various Classes AMAZON CAPITAL SERVICES 8.66 26091 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 65.22 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 10.88 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 5.84 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.85 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 45.66 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 78.26 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 23.89 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 76.08 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.78 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 20.88 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 35.08 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 11.95 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 139.10 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 15.06 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 33.51 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.35 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 54.78 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 134.42 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.05 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 170.71 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 215.32 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 404.62 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 54.78 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.34 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.99 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 86.99 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 234.80 26091 09/09/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.28 26091 09/09/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 123.68 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 106.98 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 2
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 273.36 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 215.93 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 106.98 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 14.99 26091 09/09/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 76.10 26091 09/09/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 18.23 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 65.24 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 65.24 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 71.09 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.61 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 127.12 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 24.77 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 70.48 26091 09/09/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 50.02 26091 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 432.82 26091 09/09/2024 Sewer Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 206.40 Check Total: 4,866.07
26092 09/09/2024 Internal Service Fund Utilities AMERIGAS - MODESTO 384.94 Check Total: 384.94
26093 09/09/2024 General Fund Field Deposits ATWATER COMPETITIVE SOCCER 210.00 Check Total: 210.00
26094 09/09/2024 Water Enterprise Fund Accounts Payable RAUL BARAJAS ORTEGA 167.26 Check Total: 167.26
26095 09/09/2024 General Fund Accounts Payable ANGELA BAZAN 2.00 26095 09/09/2024 Water Enterprise Fund Accounts Payable ANGELA BAZAN 57.88 26095 09/09/2024 Sewer Enterprise Fund Accounts Payable ANGELA BAZAN 68.72 26095 09/09/2024 Sanitation Enterprise Fund Accounts Payable ANGELA BAZAN 36.93 Check Total: 165.53
26096 09/09/2024 General Fund Professional Services BEST BEST & KRIEGER 26,340.40 26096 09/09/2024 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 298.50 26096 09/09/2024 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 298.50 26096 09/09/2024 Sanitation Enterprise Fund Professional Services BEST BEST & KRIEGER 298.50 26096 09/09/2024 Risk Management Fund Professional Services BEST BEST & KRIEGER 872.20 Check Total: 28,108.10
26097 09/09/2024 Sewer Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 10,319.00 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 3
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 10,319.00
26098 09/09/2024 Risk Management Fund Professional Services RICHARD BLAK, PHD 465.00 Check Total: 465.00
26099 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense BOOT BARN 200.00 26099 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense BOOT BARN 200.00 Check Total: 400.00
26100 09/09/2024 General Fund Training MATTHEW BOWEN 130.86 Check Total: 130.86
26101 09/09/2024 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 1,168.27 Check Total: 1,168.27
26102 09/09/2024 General Fund Accounts Payable BRECKENRIDGE PROPERTY FUND 2016 LLC 2.00 26102 09/09/2024 Water Enterprise Fund Accounts Payable BRECKENRIDGE PROPERTY FUND 2016 LLC 63.15 Check Total: 65.15
26103 09/09/2024 Water Enterprise Fund Accounts Payable VALERIE BROWN 146.61 Check Total: 146.61
26104 09/09/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.15 26104 09/09/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 26104 09/09/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 61.12 26104 09/09/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 101.44 26104 09/09/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 26104 09/09/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 Check Total: 2,507.55
26105 09/09/2024 General Fund Training CACEO 520.00
26105 09/09/2024 General Fund Training CACEO 60.00
26105 09/09/2024 General Fund Training CACEO 40.00
Check Total: 620.00
26106 09/09/2024 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 27.10 Check Total: 27.10
26107 09/09/2024 1,2,3-TCP Fund Professional Services CARBON SUPPLY INC 110,050.00 Check Total: 110,050.00
AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 4
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-
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26108 09/09/2024 Water Enterprise Fund Accounts Payable LOUIS CATANO 152.28 Check Total: 152.28
26109 09/09/2024 General Fund Field Deposits CENTRAL VALLEY BREWERS 200.00 Check Total: 200.00
26110 09/09/2024 General Fund Accounts Payable CENTRAL VALLEY PROPERTY MANAGEMEN1 2.00 26110 09/09/2024 Water Enterprise Fund Accounts Payable CENTRAL VALLEY PROPERTY MANAGEMENT 116.24 Check Total: 118.24
26111 09/09/2024 Internal Service Fund Professional Services CERTIFIED AUTOMOTIVE 82.75 Check Total: 82.75
26112 09/09/2024 Internal Service Fund Operations & Maintenance CERTIFIED LABS 490.41 Check Total: 490.41
26113 09/09/2024 Water Enterprise Fund Accounts Payable JONATHAN CHRISTENSEN 104.18 Check Total: 104.18
26114 09/09/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 26114 09/09/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 26114 09/09/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 26114 09/09/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.38 26114 09/09/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 42.41 26114 09/09/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 72.98 26114 09/09/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 88.54 26114 09/09/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 26114 09/09/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 26114 09/09/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 26114 09/09/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.38 26114 09/09/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 72.98 26114 09/09/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 42.41 26114 09/09/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 88.54 Check Total: 609.26
26115 09/09/2024 Information Technology Fund Professional Services CIVICPLUS LLC 9,106.65 Check Total: 9,106.65
26116 09/09/2024 General Fund Community Center Deposits MARSHA CLINE 350.00 26116 09/09/2024 General Fund Community Center Deposits MARSHA CLINE 210.00 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 560.00
26117 09/09/2024 Water Enterprise Fund Accounts Payable MEGAN COLOVICH 87.88 Check Total: 87.88
26118 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 165.77 26118 09/09/2024 Sewer Enterprise Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTORS 545.09 26118 09/09/2024 Sewer Enterprise Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR1 -414.34 Check Total: 296.52
26119 09/09/2024 General Fund Training JOSH CORCHADO 211.45 Check Total: 211.45 -
26120 09/09/2024 Information Technology Fund Special Departmental Expense DATA PATH 207.26 Check Total: 207.26
26121 09/09/2024 General Fund Various Recreation Classes MARY ANN DAVIS 477.75 Check Total: 477.75
26122 09/09/2024 General Fund Professional Services DEPT. OF JUSTICE 128.00 Check Total: 128.00
26123 09/09/2024 Water Enterprise Fund Accounts Payable JUAN DOMINGUEZ JR 22.73 Check Total: 22.73
26124 09/09/2024 General Fund Professional Services MARTIN DURAN 160.00 Check Total: 160.00 -
26125 09/09/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 227.29 Check Total: 227.29
26126 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense FASTENAL COMPANY 491.77 Check Total: 491.77 '
26127 09/09/2024 General Fund Training FRESNO CITY COLLEGE 337.00 Check Total: 337.00 I
26128 09/09/2024 Internal Service Fund Operations & Maintenance DONALD GARCIA 996.01 26128 09/09/2024 Gas Tax/Street Improvement Professional Services DONALD GARCIA 153.60 26128 09/09/2024 General Fund Professional Services DONALD GARCIA 37.50 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,187.11
26129 09/09/2024 Sewer Enterprise Fund Lower Shaffer Storm Drain Imp GHD 88,452.67 Check Total: 88,452.67
26130 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense GLOBAL INDUSTRIAL 184.76 Check Total: 184.76
26131 09/09/2024 Water Enterprise Fund Special Departmental Expense GRAINGER 5,545.64 26131 09/09/2024 Internal Service Fund Special Departmental Expense GRAINGER 471.47 Check Total: 6,017.11
26132 09/09/2024 Water Enterprise Fund Accounts Payable ALBERTO GUTIERREZ 98.03 Check Total: 98.03
26133 09/09/2024 Water Enterprise Fund Accounts Payable JUAN HERNANDEZ PEREZ 147.20 Check Total: 147.20
26134 09/09/2024 Water Enterprise Fund Accounts Payable LI LI HO 65.40 26134 09/09/2024 Sewer Enterprise Fund Accounts Payable LI LI HO 68.72 26134 09/09/2024 Sanitation Enterprise Fund Accounts Payable LI LI HO 46.24 Check Total: 180.36
26135 09/09/2024 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 26135 09/09/2024 Internal Service Fund Utilities IIOFFMAN SECURITY 170.85 26135 09/09/2024 Internal Service Fund Utilities I IOFFMAN SECURITY 1,038.90 Check Total: 1,264.75
26136 09/09/2024 Water Enterprise Fund Special Departmental Expense HORIZON 42.74 26136 09/09/2024 General Fund Special Departmental Expense HORIZON 1,104.32 26136 09/09/2024 General Fund Special Departmental Expense HORIZON 299.09 26136 09/09/2024 General Fund Special Departmental Expense HORIZON 631.83 26136 09/09/2024 General Fund Special Departmental Expense HORIZON 90.07 26136 09/09/2024 General Fund Special Departmental Expense HORIZON 90.72 26136 09/09/2024 General Fund Special Departmental Expense HORIZON 1,290.49 Check Total: 3,549.26
26137 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 2,218.50 26137 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 543.75 26137 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 551.10 26137 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 363.83 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 7
Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 3,677.18
26138 09/09/2024 Internal Service Fund Professional Services JANI TEK CLEANING SOLUTIONS 11,693.00 Check Total: 11,693.00
26139 09/09/2024 General Fund Professional Services JORGENSEN COMPANY 541.37 Check Total: 541.37
26140 09/09/2024 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 33.01 Check Total: 33.01
26141 09/09/2024 General Fund Professional Services LEIST AND ASSOCIATES 5,017.45 Check Total: 5,017.45
26142 09/09/2024 Water Enterprise Fund Accounts Payable ALISON MAI IONEY 114.87 Check Total: 114.87
26143 09/09/2024 Internal Service Fund Operations & Maintenance MCAULEY MOTORS 1,331.77 Check Total: 1,331.77
26144 09/09/2024 General Fund Men's Summer Softball MCNAMARA SPORTS 15.00 26144 09/09/2024 General Fund Coed Summer Softball MCNAMARA SPORTS 19.55 Check Total: 34.55
26145 09/09/2024 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 385.00 26145 09/09/2024 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 26145 09/09/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 308.00 26145 09/09/2024 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 385.00 26145 09/09/2024 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 26145 09/09/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 308.00 Check Total: 1,946.00
26146 09/09/2024 Internal Service Fund Operations & Maintenance MERCED CHEVROLET 501.45 Check Total: 501.45
26147 09/09/2024 General Fund Professional Services MERCED COUNTY 1,761.00 Check Total: 1,761.00
26148 09/09/2024 General Fund Accounts Payable MERCED OLD 99 REALTY, INC 2.00 26148 09/09/2024 Water Enterprise Fund Accounts Payable MERCED OLD 99 REALTY, INC 9.54 26148 09/09/2024 Sewer Enterprise Fund Accounts Payable MERCED OLD 99 REALTY, INC 11.46 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 8
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26148 09/09/2024 Sanitation Enterprise Fund Accounts Payable MERCED OLD 99 REALTY, INC 7.71 Check Total: 30.71
26149 09/09/2024 Sanitation Enterprise Fund Refuse Service Charge MID-VALLEY DISPOSAL LLC -13,454.58 26149 09/09/2024 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -21,755.96 26149 09/09/2024 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -20,212.84 26149 09/09/2024 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,662.65 26149 09/09/2024 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -9,323.98 26149 09/09/2024 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 288,754.88 Check Total: 215,344.87
26150 09/09/2024 Gas Tax/Street Improvement Professional Services MNZ CONCRETE 9,200.00 Check Total: 9,200.00
26151 09/09/2024 General Fund Accounts Payable MIGUEL MORENO 4.00 26151 09/09/2024 Water Enterprise Fund Accounts Payable MIGUEL MORENO 334.22 26151 09/09/2024 Water Enterprise Fund Accounts Payable MIGUEL MORENO 20.00 26151 09/09/2024 Sewer Enterprise Fund Accounts Payable MIGUEL MORENO 87.04 Check Total: 445.26
26152 09/09/2024 Water Enterprise Fund Accounts Payable JOSE MORENO RIVADENEYRA 143.76 Check Total: 143.76
26153 09/09/2024 Water Enterprise Fund Accounts Payable MARCO MORGAN 113.69 Check Total: 113.69
26154 09/09/2024 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 51.75 Check Total: 51.75
26155 09/09/2024 Water Enterprise Fund Accounts Payable ANTHONY NARSI 92.34 Check Total: 92.34
26156 09/09/2024 Internal Service Fund Professional Services NVB EQUIPMENT INC 1,127.50 26156 09/09/2024 Internal Service Fund Operations & Maintenance NVB EQUIPMENT INC 161.90 26156 09/09/2024 Internal Service Fund Professional Services NVB EQUIPMENT 1NC 1,230.00 26156 09/09/2024 Internal Service Fund Operations & Maintenance NVB EQUIPMENT INC 1,036.87 Check Total: 3,556.27
26157 09/09/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 83.69 26157 09/09/2024 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 7.60 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 4.01 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 9
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26157 09/09/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 32.61 26157 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 32.59 26157 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS -22.00 26157 09/09/2024 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 74.99 26157 09/09/2024 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 24.44 26157 09/09/2024 General Fund Special Departmental Expense O'REILLY AUTO PARTS 23.48 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 207.05 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 782.16 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -22.00 26157 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 17.38 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 72.13 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 268.18 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 23.14 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 45.54 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 45.84 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 50.62 26157 09/09/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 441.55 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 61.67 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 389.13 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -389.12 26157 09/09/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -10.88 Check Total: 2,243.80
26158 09/09/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 2,976.03 26158 09/09/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 4,139.58 26158 09/09/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 15,642.52 26158 09/09/2024 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 296.11 26158 09/09/2024 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 155.02 26158 09/09/2024 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 40.49 26158 09/09/2024 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 16.59 26158 09/09/2024 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 55.43 26158 09/09/2024 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 18.28 26158 09/09/2024 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 27.16 26158 09/09/2024 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 223.87 26158 09/09/2024 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 972.98 26158 09/09/2024 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 29.85 26158 09/09/2024 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 26.52 26158 09/09/2024 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 25.70 26158 09/09/2024 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 77.36 26158 09/09/2024 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 49.60 26158 09/09/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 121,584.39 26158 09/09/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 5,579.99 26158 09/09/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 14,213.79 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 10
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26158 09/09/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 89.58 26158 09/09/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 1,352.52 26158 09/09/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 178.05 26158 09/09/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 54,360.65 26158 09/09/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 9,992.15 Check Total: 232,124.21
26159 09/09/2024 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 3,745.39 Check Total: 3,745.39
26160 09/09/2024 General Fund Training SAM PARKS 149.22 Check Total: 149.22
26161 09/09/2024 General Fund Training TREVOR PHILLIPS 91.82 Check Total: 91.82
26162 09/09/2024 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCILARD CONSULTING GROU 168.00 Check Total: 168.00
26163 09/09/2024 Internal Service Fund Operations & Maintenance RECOVERY ROOM UPHOLSTERY 180.00 Check Total: 180.00
26164 09/09/2024 Water Enterprise Fund Uniform & Clothing Expense RED WING BUSINESS ADVANTAGE ACCOUNT 181.26 Check Total: 181.26
26165 09/09/2024 Water Enterprise Fund Accounts Payable AI.EXANDREA REYES 151.29 Chcck Total: 151.29
26166 09/09/2024 General Fund Community Center Deposits MANDI RICHTER 350.00 26166 09/09/2024 General Fund Community Center Deposits MANDI RICHTER 210.00 Check Total: 560.00
26167 09/09/2024 Internal Service Fund Professional Services ROTO ROOTER PLUMBERS 300.75 Check Total: 300.75
26168 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 1,320.86 Check Total: 1,320.86
26169 09/09/2024 CDBG Program Income Loans & Grants (Rehab) SELF-HELP ENTERPRISES 388.38 26169 09/09/2024 CDBG Program Income Activity Deliv (Rehab) SELF-HELP ENTERPRISES 1,951.38 26169 09/09/2024 CDBG Program Income Loans & Grants (Rehab) SELF-HELP ENTERPRISES 1,897.65 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 11
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26169 09/09/2024 CDBG Program Income Activity Deliv (Rehab) SELF-HELP ENTERPRISES 752.14 26169 09/09/2024 CDBG Program Income Loans & Grants (Rehab) SELF-HELP ENTERPRISES 1,876.95 26169 09/09/2024 CDBG Program Income Activity Deliv (Rehab) SELF-HELP ENTERPRISES 1,452.80 Check Total: 8,319.30 -
26170 09/09/2024 General Fund Community Center Expense SHERWIN-WILLIAMS CO. 251.82 Check Total: 251.82 —
26171 09/09/2024 General Fund Community Center Deposits VERONICA SILVA 350.00 26171 09/09/2024 General Fund Community Center Rental VERONICA SILVA -80.00 Check Total: 270.00 `
26172 09/09/2024 General Fund Community Center Deposits SUKHRAAJ SINGH 350.00 26172 09/09/2024 General Fund Community Center Deposits SUKHRAAJ SINGH 210.00 Check Total: 560.00
26173 09/09/2024 General Fund Training DAYTON SNYDER 158.36 Check Total: 15 8.3 6 -
26174 09/09/2024 Water Enterprise Fund Accounts Payable JACOB STAR 60.31 Check Total: 60.31 '
26175 09/09/2024 General Fund Professional Services STATE PRO BUILDERS INC. 4,568.00 Check Total: 4,568.00
26176 09/09/2024 General Fund Professional Services STERICYCLE INC 39.44 Check Total: 39.44 '
26177 09/09/2024 Water Enterprise Fund Accounts Payable LYNN STINSON 151.88 Check Total: 151.88
26178 09/09/2024 Water Enterprise Fund Accounts Payable ALEXANDER STOCKELAND 68.74 Check Total: 68.74
26179 09/09/2024 Gas Tax/Street Improvement Special Departmental Expense SUNBELT RENTALS INC 434.29 Check Total: 434.29
26180 09/09/2024 General Fund Accounts Payable RONALD TAYLOR 2.00 26180 09/09/2024 Water Enterprise Fund Accounts Payable RONALD TAYLOR 120.77 Check Total: 122.77
_
AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 12
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26181 09/09/2024 Sewer Enterprise Fund Professional Services THE BANK OF NEW YORK MELLON 2,300.00 Check Total: 2,300.00
26182 09/09/2024 General Fund Office Supplies TLC POSTAL CENTER 43.50 Check Total: 43.50
26183 09/09/2024 Water Enterprise Fund Accounts Payable PAM TOMPKINS 22.45 Check Total: 22.45
26184 09/09/2024 Information Technology Fund Communications TPX COMMUNICATIONS 9,777.86 Check Total: 9,777.86
26185 09/09/2024 Internal Service Fund Professional Services TRANE U.S. INC. 5,241.00 26185 09/09/2024 Internal Service Fund Professional Services TRANE U.S. INC. 4,917.00 Check Total: 10,158.00
26186 09/09/2024 Public Safety Trans & Use Tax Improvements Other Than Bldg TRICOUNTY FLOORING 9,982.96 26186 09/09/2024 Public Safety Trans & Use Tax Improvements Other Than Bldg TRICOUNTY FLOORING 450.00 Check Total: 10,432.96
26187 09/09/2024 Sewer Enterprise Fund Special Departmental Expense UNITED CIRCUIT BREAKERS INC. 125.06 26187 09/09/2024 Sewer Enterprise Fund Special Departmental Expense UNITED CIRCUIT BREAKERS INC. 157.87 Check Total: 282.93
26188 09/09/2024 General Fund Community Center Deposits JOSEFFINA VALENCIA 210.00 26188 09/09/2024 General Fund Community Center Deposits JOSEFFINA VALENCIA 350.00 26188 09/09/2024 General Fund Community Center Rental JOSEFFINA VALENCIA 70.00 26188 09/09/2024 General Fund Community Center Rental JOSEFFINA VALENCIA -80.00 Check Total: 550.00
26189 09/09/2024 Internal Service Fund Operations & Maintenance VAN DE POL 11,270.60 Check Total: 11,270.60
26190 09/09/2024 General Fund Castle Park Deposits MA VANG 200.00 Check Total: 200.00
26191 09/09/2024 Water Enterprise Fund Accounts Payable ODETTE VIEIRA 101.83 Check Total: 101.83
26192 09/09/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,177.86 26192 09/09/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 8.79 AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 13
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-
_
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 1,186.65
26193 09/09/2024 General Fund Maint. Buildings & Grounds WARD ENTERPRISES 102.06 26193 09/09/2024 General Fund Mamt. Buildings & Grounds WARD ENTERPRISES 73.73 Check Total: 175.79
26194 09/09/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 4.92 Check Total: 4.92
26195 09/09/2024 General Fund Professional Services WHALEN'S 1,100.00 Check Total: 1,100.00
26196 09/09/2024 Water Enterprise Fund Accounts Payable ELLEN WILLIAMS 110.69 Check Total: 110.69
26197 09/09/2024 General Fund Special Departmental Expense WINTON HARDWARE 87.23 26197 09/09/2024 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 18.31 Check Total: 105.54
26198 09/09/2024 Water Enterprise Fund Accounts Payable RACHEL ZARKOS 40.48 Check Total: 40.48
Report Total: 1,216,546.46
AP-Checks for Approval (9/5/2024 - 12:20 PM) Page 14
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}
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CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
August 12, 2024
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
INVOCATION:
The Invocation was led by Ben Perez.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by City Manager Hoem.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Button, Mayor Pro Tem Raymond, Mayor Nelson
Staff Present: City Manager Hoem, City Attorney Splendorio, Deputy City Manager Thompson, Police Chief Salvador, Lieutenant
Novetzke, Battalion Chief Ayuso, Human Resources Director Sousa, Finance Director Nicholas, Public Works Director Vinson, City Clerk Billings, Assistant City Clerk Martin SUBSEQUENT NEED ITEMS: None
City Council Meeting Action Minutes for August 12, 2024 Page 2 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Mayor Pro Tem Raymond moved to approve the agenda as posted. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
Mayor Nelson closed the public comment.
MOTION: Mayor Pro Tem Raymond moved to approve the Consent Calendar as amended. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None.
The motion passed.
Item #8 was pulled from the consent calendar for separate action and possible direction.
WARRANTS:
1. a.) July 22, 2024
b.) August 12, 2024
ACTION: Approval of warrants as listed.
MINUTES: (Planning Commission)
2. June 20, 2024 – Regular meeting
ACTION: Acceptance of minutes as listed.
MINUTES: (City Council)
3. a.) June 24, 2024 – Regular meeting
b.) July 11, 2024 – Special meeting
ACTION: Approval of minutes as listed.
AGREEMENTS:
4. Approving a Purchase Order with Carbon Supply Inc. for GAC Exchange at Well 19 (Public Works Director)
City Council Meeting Action Minutes for August 12, 2024 Page 3 ACTION: Approving a Purchase Agreement (Purchase Order) with Carbon Supply Inc. of Bell Gardens, California for GAC Exchange at Well 19, in an amount not to exceed $110,050; and authorizes and directs the City Manager to execute the Purchase Order on behalf of the City.
5. Approving Amendment No. 3 to the Professional Service Agreement to DataPath Inc of Modesto, California for Augmented Managed Information Technology (IT) Support Services (Public Works Director Vinson)
ACTION: Adoption of Resolution No. 3474-24, Approving Amendment No. 3 to Professional Service Agreement, in a form approved by the City Attorney, to Data Path Inc of Modesto, California for Augmented Managed Information Technology Support Services; and authorizes and directs the City Manager to execute Amendment No. 3 on behalf of the City.
6. Awarding a Cooperative Government Obligation Contract with Leasing 2 Inc. to Finance the Purchase of one (1) new Hydro-Excavator Vacuum Truck (Public Works Director Vinson)
ACTION: Adoption of Resolution No. 3475-24 Awarding a Cooperative Government Obligation Contract with Leasing 2 Inc. in the amount of $734,232.41 to finance the purchase of one (1) new Hydro-Excavator Vacuum Truck and authorizing and directing the City Manager to execute the Contract and all related documents on behalf of the City.
RESOLUTIONS:
7. Approving Adoption of California Public Employees' Retirement System (CalPERS) 457 Plan (Human Resources Director Sousa)
ACTION: Adoption of Resolution 3476-24, Approving Adoption of a CalPERS 457 Plan; and Authorize and Direct the Human Resources Director to Execute the Agreement and Related Documents on Behalf of the City.
This item was removed from the consent calendar for separate action and possible direction.
OTHER ACTIONABLE ITEMS:
Approving Fee Waiver Requested by Bloss Memorial Healthcare District to use Atwater Community Center to Host a Senior Adult Information Day (Public Works Director Vinson) Public Works Director Vinson provided background information on this item.
Mayor Nelson opened public comment regarding this item.
No one came forward to speak.
City Council Meeting Action Minutes for August 12, 2024 Page 4 Mayor Nelson closed public comment.
MOTION: City Council Member Button moved to approve a fee waiver requested by Bloss Memorial Healthcare District to use the Atwater Community Center on Tuesday, September 17, 2024, from 9:00 AM to 1:00 PM; and authorizes and directs the City Manager, or designee, to execute any and all documents necessary to waive the facility rental fees associated with Bloss Memorial Healthcare District using the Atwater Community Center to host a Senior Adult Information Day. The motion was seconded by City Council Member Ambriz and the vote was: Ayes:
Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
PUBLIC HEARINGS:
Resolution adopting an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) for the project; and approve a Tentative Pacel Map, General Plan Amendment, Variance and Site Plan for the property located on the Northwest corner of Sunset Drive and Everett Street, Atwater (APN 056- 540-004) (City Manager Hoem)
Mayor Nelson opened the public hearing regarding this item.
No one came forward to speak.
Mayor Nelson continued the public hearing August 26, 2024.
Waiving the first reading, by title only, and introducing an Ordinance approving Zone Change No. 23-19-0100 to change the zoning designation from Residential Estate (R-E) to High Density Residential (R-3) for the property located at the Northwest Corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004) (City Manager Hoem) City Manager Hoem provided background information on this item.
Mayor Nelson opened the public hearing regarding this item.
Adam Reed spoke regarding the conditions of this project.
Jason Tucker spoke regarding the project.
Becky Tucker spoke regarding the project.
No one else came forward to speak.
Mayor Nelson closed the public comment.
City Council Meeting Action Minutes for August 12, 2024 Page 5 MOTION: Mayor Pro Tem Raymond moved to waive the first reading, by title only, and introduce Ordinance No. CS 1068 approving Zone Change No. 23-19-0100 to change the zoning designation from Residential Estate (R-E) to High Density Residential (R-3) for the property located at the Northwest Corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004). The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Approving an Agreement Between the City of Atwater and the County of Merced to Lease Space at the Merced County Emergency Operations Center for a Police 911 Communications Center (Police Chief Salvador)
Lieutenant Novetzke provided background information on this item.
Mayor Nelson opened public comment regarding this item.
Jim Price spoke regarding this item and asked specific questions regarding the contract.
No one else came forward to speak.
Mayor Nelson closed public comment.
MOTION: Mayor Pro Tem Raymond moved to Adopt Resolution No. 3478-24 approving an agreement with the County of Merced to Lease Space at the Merced County Emergency Operations Center for a Police 911 Communications Center for $2,890.91 per month and authorizes and directs the City Manager to execute the contract on behalf of the City. The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes:
None; Absent: None. The motion passed.
Awarding a Cooperative Government Obligation Contract with Republic First National Corporation to Finance the Purchase of One (1) New Rosenbauer Commander Type I Fire Engine (CAL Fire Battalion Chief Ayuso)
CAL Fire Battalion Chief Ayuso provided background information on this item.
Mayor Nelson opened public comment regarding this item.
Mr. Conner spoke regarding this item and asked specific questions regarding the Fire Engine.
No one else came forward to speak.
Mayor Nelson closed public comment.
City Council Meeting Action Minutes for August 12, 2024 Page 6 MOTION: City Council Member Cale moved to Adopt Resolution No. 3479-24 Awarding a Cooperative Government Obligation Contract with Republic First National Corporation in the amount of $994,22.74 to finance the purchase of one (1) new 2024 Rosenbauer Commander Type I Fire Engine and authorizing and directing the City Manager to execute the Contract and all related documents on behalf of the City. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent:
None. The motion passed.
CITY MANAGER REPORTS/UPDATES:
Updates from the Office of the City Manager
City Manager Hoem reported the following:
• Upcoming updates to the City camping code
• Release of the Request for Proposals for Cost Allocation Plan, Development Impact Fee Study, and Comprehensive User Fee Study
• P, G& E – Gas relocation project
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.
Mayor Nelson opened public comment.
Jamie Cruz spoke regarding the Fruitland Avenue project.
Jim Price spoke regarding water usage and water rates.
Mayor Nelson closed the public comment.
CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Cale had nothing to report.
City Council Member Ambriz spoke regarding school starting and to be aware of the students on the roadways.
Mayor Pro Tem Raymond asked for prayers for an employee and spoke regarding several other issues.
City Council Meeting Action Minutes for August 12, 2024 Page 7 City Council Member Button spoke regarding school starting and to be careful around the school zones.
Mayor Nelson announced the next City Council meeting is scheduled for August 26, 2024.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 7:05 PM.
APPROVED:
________________________________
MIKE NELSON
MAYOR
ATTEST:
________________________________
JANELL MARTIN
ASSISTANT CITY CLERK
CITY OF ATWATER
Minutes
CITY COUNCIL
ACTION MINUTES
August 26, 2024
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present: City Council Members Ambriz, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Absent: City Council Member Button
Staff Present: City Manager Hoem, City Attorney Splendorio, Deputy City Manager/Community Development Director Thompson,
Assistant City Clerk Martin
CLOSED SESSION: (Conference Room A)
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations. Agency Negotiators: Deputy City Manager/Community Development Director Thompson and City Manager Hoem. Negotiating Parties: Abbruzz Etti, Dole Packaged Foods, LLC and Pai Bulldog Ranches LLC
Property Locations: APN 143-260-015
143-260-016
150-030-022
150-030-034
150-030-035
150-030-036
056-250-016
City Council Meeting Action Minutes for August 26, 2024 Page 2 056-250-035
056-010-030
056-010-031
Public Employee Performance Evaluation (pursuant to Government Code Section 54957): Title: City Manager
Mayor Nelson invited public comment on Closed Session items.
No one came forward to speak.
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:31 PM. Closed Session was called to order at 5:35 PM. Closed Session adjourned at 5:55 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
INVOCATION:
The Invocation was led by Jonathan Miller.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Mayor Mike Nelson.
ROLL CALL: (City Council)
Present: City Council Members Ambriz, Button, Cale, Ambriz, Mayor Pro Tem Raymond, Mayor Nelson
Staff Present: City Manager Hoem, City Attorney Splendorio, Deputy City Manager Thompson, Police Chief Salvador, CAL Fire Battalion Chief Ayuso, Finance Director Nicholas, Public Works Director Vinson, City Clerk Billings, Assistant City Clerk Martin SUBSEQUENT NEED ITEMS: None
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council received information regarding one item listed on the Closed Session calendar, provided direction, and there was no reportable action. The second item listed on the Closed Session calendar will be continued after the Regular Session.
City Council Meeting Action Minutes for August 26, 2024 Page 3 APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: City Council Member Button moved to approve the agenda as posted.
The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes:
Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
PRESENTATIONS:
Monthly report by Merced County District 3 Supervisor McDaniel • Gave a brief update regarding the Atwater Merced Expressway and Bellevue Road Realignment Project.
• Gave a brief update regarding the TRC.
• Provided an update regarding the unemployment rates in Merced County. • Spoke regarding his mobile office hours in Atwater.
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
No one came forward.
Mayor Nelson closed the public comment.
MOTION: Mayor Pro Tem Raymond moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Cale and the vote was:
Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
TREASURER’S REPORT:
1. June 30, 2024
ACTION: Acceptance of report as listed.
WARRANTS:
2. August 26, 2024
ACTION: Approval of warrants as listed.
MINUTES: (City Council) :
3. July 8, 2024 – Regular meeting
ACTION: Approval of minutes as listed.
City Council Meeting Action Minutes for August 26, 2024 Page 4 AGREEMENTS:
4. Approving and Authorizing a Purchase and Sale Agreement for APN 003- 101-001 and Approving Expenditure of any Additional and Related Closing Expenses (Public Works Director Vinson)
ACTION: Adoption of Resolution No. 3480-24 approving and authorizing a Purchase and Sale Agreement for sale of APN 003-101-001 for $5,000, in a form approved by the City Attorney, and approves the expenditure of any additional and related closing expenses; and authorizes and directs the City Manager, or his designee, to execute the Agreement on behalf of the City.
RESOLUTIONS:
5. Authorizing Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2023/24 (Deputy City Manager/Community Development Director Thompson)
ACTION: Adoption of Resolution No. 3481-24, authorizing and directing the City Manager to execute and file the Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2023/2024; and adopt Resolution No. 3482- 24, approving Budget Amendment No. 2 amending the Regional Surface Transportation Program (RSTP) Exchange Funds Claim.
REPORTS AND PRESENTATIONS FROM STAFF:
Receiving and Accepting the City of Atwater's Annual Financial Report and Single Audit for Fiscal Year-End of June 30, 2023 (Finance Director Nicholas) Finance Director Nicholas provided background information on this item.
Ahmed M. Badawi, CPA, President of Badawi & Associates presented a PowerPoint presentation regarding the City of Atwater's Annual Financial Report and Single Audit for Fiscal Year-End of June 30, 2023.
Mayor Nelson opened public comment on this item.
No one came forward to speak.
Mayor Nelson closed the public comment regarding this item.
MOTION: City Council Member Ambriz moved to receive and accept the City of Atwater's Annual Financial Report and Single Audit for the Fiscal Year-End of June 30, 2023. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None.
The motion passed.
City Council Meeting Action Minutes for August 26, 2024 Page 5 PUBLIC HEARINGS:
Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with the California Environmental Quality Act (CEQA) for the Project; and Approve a Tentative Parcel Map, General Plan Amendment, Variance and Site Plan; and Adoption of an Ordinance Approving Zone Change No. 23-19-0100 to Change the Zoning Designation from Residential Estate (R-E) to High Density Residential (R-3) for the Property Located on the Northwest Corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004) (Deputy City Manager/Community Development Director Thompson) Deputy City Manager Thompson provided background information on this item.
Mayor Nelson opened the public hearing regarding this item.
Laura Andrews, Crystal Souza, Elaine Post, Jason Tucker, Linda Dash, Aaron Schmidt, Adam Reed and Robert Delina spoke regarding the project.
No one else came forward to speak.
Mayor Nelson closed the public hearing.
MOTION: Mayor Pro Tem Raymond moved to Adopt Resolution No. 3477-24 adopting an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) for a residential, multi-family project; and approve a Tentative Parcel Map, General Plan Amendment, Variance and Site Plan, located on the Northwest corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004) and Adopt Ordinance No. CS 1068 approving Zone Change No. 23-19-0100 to change the zoning designation from Residential Estate (R-E) to High Density Residential (R-3) for the property located at the Northwest Corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004). The motion was seconded by City Council Member Button and the vote was: Ayes: Cale, Raymond, Button Nelson; Noes: Ambriz; Absent: None. The motion passed.
Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with the California Environmental Quality Act (CEQA) and Selecting Alignment Alternative 3 as the Preferred Alignment for the Bellevue Road Reconstruction/Realignment Project (Deputy City Manager/Community Development Director Thompson) Deputy City Manager Thompson provided background information on this item.
Mayor Nelson opened the public hearing regarding this item.
Supervisor McDaniel spoke regarding the project.
No one else came forward to speak.
Mayor Nelson closed the public hearing.
City Council Meeting Action Minutes for August 26, 2024 Page 6 MOTION: City Council Member Cale moved to Adopt Resolution No. 3483-24 adopting an Initial Study and Mitigated Negative Declaration for the Project in accordance with California Environmental Quality Act (CEQA) Guideline Section 15073 and selecting Alignment Alternative 3 as the preferred alignment for development of the Project and adopt Resolution 3484-24 approving Budget Amendment No. 3 amending the Fiscal Year 2024-25 Budget regarding the Bellevue Reconstruction/Realignment Project. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes:
None; Absent: None. The motion passed.
CITY MANAGER REPORTS/UPDATES:
Update from the Office of the City Manager
City Manager Hoem reported the following:
• Code Enforcement is continuing efforts throughout the city with various projects.
• Request for Proposal was released for On-Call Cleanup Services.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.
Mayor Nelson opened public comment.
Linda Dash spoke regarding the Fruitland Avenue project.
Jim Price spoke regarding Capital Improvement projects and the Fruitland Avenue project.
Pastor Rich Miller spoke regarding the firefighter of year “hometown hero” event at Victory Baptist and Christmas in the Park.
Mayor Nelson closed the public comment.
CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Cale spoke regarding the Fall Festival and Car show. He asked for a Chelsea Investment update.
City Council Meeting Action Minutes for August 26, 2024 Page 7 City Council Member Ambriz thanked the residents and spoke regarding a tree that needs attention.
Mayor Pro Tem Raymond spoke regarding service members.
City Council Member Button spoke regarding Castle Air Museum and thanked residents for their input.
Mayor Nelson spoke regarding the Fruitland Avenue project and the placement of traffic circles.
ADJOURNMENT:
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 7:26 PM. Closed Session was called to order at 7:55 PM.
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council received information regarding the remaining item on the Closed Session calendar, provided direction, and there was no reportable action.
Closed Session adjourned at 9:12 PM.
APPROVED:
________________________________
MIKE NELSON
MAYOR
ATTEST:
________________________________
JANELL MARTIN
ASSISTANT CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
September 9, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Approving a Purchase Agreement (Purchase Order) with Calgon Carbon for Granulated Activated Carbon Exchange at Central Site (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approve a Purchase Agreement (Purchase Order) to Calgon Carbon of Moon Township, Pennsylvania for Granulated Activated Carbon (GAC) Exchange at Central Site, in an amount not to exceed $91,590; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.
I. BACKGROUND/ANALYSIS:
In December 2021, the Central Treatment Site was put online and started treating 1,2,3- Trichloropropane (TCP). TCP is treated by granulated activated carbon (GAC) vessels installed at the treatment site that removes the TCP from the water before it is delivered to the residents. There are 16 GAC vessels located at the Central Treatment Site. The vessels are configured as eight sets of lead-lag vessels. The water flows through the lead vessels first, and then flows through the lag vessel afterward. This allows for the continued treatment of TCP after the life of the carbon in the lead vessel is no longer removing TCP from water.
Per the City's State-Approved TCP Operations Plan, to maximize the life of the carbon, the city may decide to replace the carbon in the lead vessel of a series pair once the carbon in the lead vessel is no longer removing TCP from the water. The City can track this by sampling the water as it passes through the vessels.
Three lead vessels are no longer removing TCP from the water and are in need of carbon changeouts. The scope of work consists of removing spent media from the vessel, placement of spent media in either bulk bags or a disposal container, inspection of the vessel interior performed by viewing from the outside manway opening, and rebidding with replacement media.
Three (3) bids were received and were totaled and reviewed for their responsiveness.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report -
Approving a Purchase Agreement (Purchase Order) with Calgon Carbon for Granulated Activated Carbon Exchange at Central Site (Public Works Director Vinson)
The Bid Summary (Attached) shows the lowest bid coming in at $91,590. Staff reviewed the bid submitted by Calgon Carbon of Moon Township, Pennsylvania for $91,590 and has determined it is a responsive and acceptable bid.
II. FISCAL IMPACTS:
Sufficient funding is available in the Fiscal Year 2024-25 Budget, 1-2-3 TCP Fund, Professional Services Account No. 6007.7010.3030. Per the City of Atwater Purchasing System Manual, the informal bidding process is allowed for Public Works Projects valued at $200,000 or less.
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 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:
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:
The proposed project involves the operation, maintenance, leasing, licensing, or minor alteration of existing public facilities. This proposed action qualifies under Class 1 Categorical Exemptions Section 15301 of the State CEQA guidelines.
IX. STEPS FOLLOWING APPROVAL:
Upon approval by the City Council, the Purchase Requisition will be sent to the Finance Department and then a Purchase Order will be generated.
Submitted by:
Agenda Report -
Approving a Purchase Agreement (Purchase Order) with Calgon Carbon for Granulated Activated Carbon Exchange at Central Site (Public Works Director Vinson)
Justin Vinson, Public Works Director
Approved by:
Chris Hoem, City Manager
Attachments:
1. Bid Summary for Central Site
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
September 9, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Approving Change Order to Purchase Agreement (Purchase Order) with Tesco Controls, Inc of Sacramento, California for a Control Panel for the Future Storm Pond/Basin for Lower Shaffer Drainage Project (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approve Change Order No. 1 to Tesco Controls, Inc of Sacramento, California for a control panel for the future storm pond/basin for the Lower Shaffer Drainage Project, in an amount not to exceed $1,965.00; and authorize and direct the City Manager, or designee, to execute the Change Order on behalf of the City.
I. BACKGROUND/ANALYSIS:
The City of Atwater currently uses Tesco Controls software and services to provide the City with its supervisory control and data acquisition (SCADA) system that allows the City to remotely control its water, sewer, and storm stations. The City’s SCADA system allows the Public Works Department to receive alarms, adjust levels or pressures at sites, change the status of a station, run detailed reports on stations, etc.
To ensure that the pump controls and alarms for the future storm pond/basin can integrate with the City's existing system, the City Council approved the early procurement of the control panel from Tesco, which provides the control panel for every existing water, sewer, and storm station in the City. The council approved this at the May 13, 2024, council meeting. When approved, the City was not far enough into design to know for certain what was going to be needed, but had a good enough idea about what components would be needed to do the early procurement.
The City has received the 95% plans for the Lower Shaffer Drainage Project and currently are reviewing and submitting comments on the plans. During the production of these plans, it was determined that the city needed to upsize the pumps from what was originally contemplated at the Lower Shaffer Pump Station. Upsizing of the pumps will in turn require upsizing of the motor disconnects and motor starters that are included in the control panel. This change order of $1,965.00 includes the hardware to upsize the
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Approving Change Order to Purchase Agreement (Purchase Order) with Tesco Controls, Inc of Sacramento, California for a Control Panel for the Future Storm Pond/Basin for Lower Shaffer Drainage Project (Public Works Director Vinson) Page 2
motor disconnects from two (2) 150A breakers to two (2) 225A breakers, as well as, two (2) 75HP soft starters to two (2) 125 HP soft starters. The additional $1,965.00 will bring the total amount of the control panel from $215,000.00 to $216.965. Staff does not forsee any additional change orders now that plans are almost completed. Final plans are expected to be submitted for review within the next two months.
II. FISCAL IMPACTS:
There is sufficient funding available in the Fiscal Year 2024-25 Budget Sewer Enterprise Fund, Capital Projects, Lower Shaffer Storm Drainage Improvements Account No. 6010-1080-W009.
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 numbers 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 necessary 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 reasonably 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 Change Order.
Submitted by:
Agenda Report - Approving Change Order to Purchase Agreement (Purchase Order) with Tesco Controls, Inc of Sacramento, California for a Control Panel for the Future Storm Pond/Basin for Lower Shaffer Drainage Project (Public Works Director Vinson) Page 3
Justin Vinson, Public Works Director
Approved by:
Chris Hoem, City Manager
Attachments:
1. Tesco Change Order 1
CHANGE ORDER FORM
City of Atwater
Contract Change Order #1
Project: Lower Shaffer Drainage Improvements Change Order No.: 1 Orig. Contract Amt.: $215,000.00
Contract No.: 22-07
Contractor: Tesco Controls, Inc. Prev. Appvd. Changes: $0.00 Owner: City of Atwater This Change: $1,965.00
Revised Contract Amt.: $216,965.00
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of Atwater, otherwise referred to as Owner.
Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 Provide two (2) 225A disconnect breakers
instead of two (2) 150A breakers
Provide two (2) 125HP soft starters instead of
two (2) 75HP soft starters
$1,965.00
0 Totals $ 1,965.00
This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Atwater.
Contract Change Order #1 Page 1 of 2
The amount of the contract will be increased by the sum of $1,965.00 and the contract time shall be extended by 0 working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.
Accepted:
(Signature) Caleb Ernst, Technical Sales Estimator Date Recommended:
(Signature) Justin Vinson Public Works Directo Date
Approved:
(Signature) Chris Hoem, City Manager Date
Item
No.
Justification for Change(s)
1 Upsizing due to motor upsizing after determination of pumps during 95% design submittal This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Atwater.
Contract Change Order #
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
September 9, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Approving a Construction Agreement with Champion Courts, Inc. for the Resurfacing of the Tennis Courts at Osborn Park (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3485-24, Approving a Construction Agreement, in a form approved by the City Attorney, to Champion Courts, Inc. of West Sacramento, California, for the resurfacing of two tennis courts in Osborn Park, City Project 24-11, in an amount not to exceed $29,300.00 and authorize construction contract change orders up to an aggregate amount of $2,930.00 (10%); and authorize and direct the City Manager to execute all contract documents on behalf of the City.
I. BACKGROUND/ANALYSIS:
The City of Atwater currently has two tennis courts in its inventory. Both courts are located inside of Osborn Park and are located right next to each other with a fence surrounding them. The courts have a door with a key to gain access to the courts. The keys can be purchased through the Recreation Department located at 760 E. Bellevue Rd and cost $80 for one year for a resident and $100 a year for non-residents. On Sundays, the Public Works Department opens up the tennis courts for the public to use free of charge.
The tennis courts have not been resurfaced since 2007 and are in poor shape. There are cracks forming on the courts, as well as fading of the lines and surface of the tennis courts. During the budget review, staff and council recognized the need for resurfacing the courts and included a budget to have this work completed. The scope of the work consists of:
• Cleaning the entire court surface as needed
• Filling all cracks with acrylic crackfiller and sand down repairs • Applying one coat of acrylic resurface to the entire surface • Applying two coats of acrylic color to the entire surface
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Approving a Construction Agreement with Champion Courts, Inc. for the Resurfacing of the Tennis Courts at Osborn Park (Public Works Director Vinson) Page 2
• Stripe two tennis courts to official measurements
Pickleball striping won't be included in this work, but with the Osborn Park Renovation, pickleball courts will be considered for installation. Upon approval, the work will start in October and the courts may have to be shut down for up to a week for the work to be performed. The Recreation Department will notify the public and keyholders of these exact dates when they are known.
Staff reached out to four different contractors to obtain quotes for the resurfacing of the tennis courts. Three of the contractors declined to bid on the project. Champion Courts, Inc. was the one and only quote but was well under the $50,000 budgeted for the resurfacing and their bid came in as responsive and a responsible bid.
II. FISCAL IMPACTS:
Sufficient funding for this project is budgeted in the American Rescue Plan Act (ARPA) Fund, Capital Improvements, Tennis Court Resurface Account No. 1010.1080.X004.
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 goals number one (1) and two (2) of the City of Atwater's 2020-2025 Strategic Plan: to ensure the City's continued financial stability and Ehance quality of life.
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 prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
This project is Categorically Exempt (CE) pursuant to the California Environmental Quality 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 facilites.
IX. STEPS FOLLOWING APPROVAL:
Agenda Report - Approving a Construction Agreement with Champion Courts, Inc. for the Resurfacing of the Tennis Courts at Osborn Park (Public Works Director Vinson) Page 3
Following City Council approval for the award of the contract, staff will issue a notice of award to the contractor, hold a pre-construction meeting, and issue a notice to proceed, with construction to follow.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Chris Hoem, City Manager
Attachments:
1. Resolution No. XXXX-24 Approves and Authorizes Construction Agreement & Authorizes City Manager execute Agreement (1)
2. Bid Summary
3. Construction Agreement Tennis Court Resurfacing
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING AND
AUTHORIZING A CONSTRUCTION AGREEMENT
WITH CHAMPION COURTS, INC. FOR TENNIS
COURT RESURFACING
WHEREAS, in 2007 the City resurfaced the tennis courts at Osborn Park; and WHEREAS, since then, multiple cracks have appeared on the surface and the paint has faded; and
WHEREAS, in the Fiscal Year 24/25 Budget, the council approved a budget up to $50,000.00 to resurface the Osborn Park Tennis Courts; and WHEREAS, staff reached out to four different contractors to submit bids for the resurfacing of the tennis courts; and
WHEREAS, Champion Courts, Inc. was the lowest responsive bidder at a bid price of $29,300.00; and
WHEREAS, the City Council desires to execute the Construction Agreement the Tennis Court Resurfacing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby resolve, declare, and determine as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The City Council hereby approves and authorizes the Construction Agreement for Tennis Court Resurfacing, in a form approved by the City Attorney.
3. The City Manager, or her designee, is authorized and directed to execute such document and perform such actions as are necessary to carry out the purpose and intent of this resolution.
The foregoing resolution is hereby adopted this 9th day of September 2024.
AYES:
Resolution No. XXXX-24 Page 2
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
BID SUMMARY
PROFESSIONAL SERVICES
Project No. 24-11: Tennis Courts Resurfacing
Account # 1010-1080-X004
No. Contractor Bid Total
1 Champion Courts, Inc. $29,300.00
2 All Sport America No Bid
Received
3 Court Tech No Bid
Received
4 Rec Surface Repair No Bid
Received
1 CITY OF ATWATER
CONSTRUCTION CONTRACT
PROJECT NO. 24-11 TENNIS COURT RESURFACING
1. PARTIES AND DATE.
This Contract is made and entered into this 10th day of September, 2024 by and between the City of Atwater, a public agency of the State of California (“City”) and Champion Courts, Inc., a contractor with its principal place of business at 3900 Partridge Avenue, West Sacramento, California (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing tennis courts resurfacing services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class B contractor license.
2.3 Project. City desires to engage Contractor to render such services for the Tennis Court Resurfacing (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)
• Addenda
• Change Orders executed by the City
2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle
3 cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance.
3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.
3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with
4 the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of $29,300.00 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All
5 Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
6 wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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 him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
7 3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through
8 difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are
9 necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
10 3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality.
Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the San Joaquin Valley Air Pollution Control District (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
11 3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
12 3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
13 3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
14 3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and
15 authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
16 3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City
17 guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must 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, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
18 City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
19 3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without
20 limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Champion Courts, Inc.
3900 Patridge Avenue, West Sacramento, CA 95691
Attn: [email protected]
CITY:
City of Atwater
750 Bellevue Rd, Atwater, CA 95301
Attn: Justin Vinson [email protected]
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
21 3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in the Superior Court of California for the County of Merced.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
22 3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
23 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ATWATER
AND CHAMPION COURTS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 10th day of September, 2024.
City of Atwater CHAMPION COURTS, INC.
By: By:
Christoper Hoem
City Manager Its:
Printed Name:
ATTEST:
By:
Kory J. Billings, City Clerk
APPROVED AS TO FORM:
By:
Frank Splendorio, City Attorney
24 EXHIBIT “A”
SERVICES / SCHEDULE
• Cleaning the entire court surface as needed
• Filling all cracks with acrylic crackfiller and sand down repairs • Applying one coat of acrylic resurface to the entire surface • Applying two coats of acrylic color to the entire surface • Stripe two tennis courts to official measurements
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
• Cleaning the entire court surface as needed
• Filling all cracks with acrylic crackfiller and sand down repairs • Applying one coat of acrylic resurface to the entire surface • Applying two coats of acrylic color to the entire surface • Stripe two tennis courts to official measurements
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $400 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
Champion Courts, Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”
PAYMENT BOND
- 30 -
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Atwater (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to Champion Courts, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
- 31 -
recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Exhibit G
Fleet Compliance Certification.
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
September 9, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director
PREPARED
BY:
John Seymour, City Engineer
SUBJECT: Rejection of all Bids related to the Downtown Pedestrian Improvement Project- Phase II Bid Opening on August 20, 2024 (Deputy City Manager Thompson)
RECOMMENDED COUNCIL ACTION
Motion to Reject all bids received at the bid opening on August 20, 2024 at 2:00 PM for the Downtown Pedestrian Improvement Project- Phase II, City project number 20-8 Federal Project CML-5254 (031), CRP-5254 (031); and Authorize staff to revise the bid package and Re-Advertise the downtown Pedestrian Improvement Project- Phase II, and return to City Council prior to the next action; or Motion to accept staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
On June of 2020, the City responded to MCAG’s “Congestion Mitigation and Air Quality (CMAQ) Call for Projects – Fall 2020” with separate applications for three phases of a proposed pedestrian improvement project to better connect residents with downtown.
The Phase 2 project was awarded a funding grant in the amount up to $181,110 (federal funds in the amount of $160,337 with local match in the amount of $20,773) for the design, engineering, and environmental analysis of a pedestrian project to connect a residential area with downtown. The project proposes constructing new curbs/gutters, sidewalks, curb ramps, replacement residential driveway approaches, and conform paving as required. Improvements are proposed along Grove Avenue, Fir Avenue, Elm Avenue, Drakeley Avenue, Cedar Avenue, Broadway Avenue, Fourth Street, Third Street, Second Street, and First Street.
In December of 2022, the City of Atwater applied for construction funding for the Downtown Pedestrian Improvement Project-Phase 2A. The project was awarded funding and programed in the 24-25 FTIP by MCAG for $790,000. In September of 2023, the City of Atwater applied for funding for the Downtown Pedestrian Improvement Project- Phase 2B. This phase of the project received approval in January of 2024 for a
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond
Agenda Report - Rejection of all Bids related to the Downtown Pedestrian Improvement ProjectPhase II Bid Opening on August 20, 2024 (Deputy City Manager Thompson) Page 2
total of $1,432,000.
The total construction budget for this project was determined to be $1,950,495.00, the lowest responsive bid received by the city was $2,743,161.45. Given the difference in the amount budgeted and the lowest bid received the city is unable to fund the construction phase of the project as is. The project bid package will be revised and readvertised.
On June 10, 2024 City Council approved the Plans and Specifications for the Downtown Pedestrian Improvement Project- Phase II and authorized city staff to advertise a call for bids.
II. FISCAL IMPACTS:
No fiscal impacts are anticipated with this action.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This project is consistent with sections 2 and 3 of the City of Atwater General Plan.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This project has been routed to the appropriate departments for review.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
The proposed action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. The proposed project involves the operation, maintenance, leasing, licensing or minor alteration of existing public facilities, with construction of minor appurtenant structures involving negligible or no expansion of use and no possibility of significantly impacting the physical environment. Accordingly, the proposed action qualifies under Class 1 and Class 3 Categorical Exemptions (Sections 15301 and 15303 of the State CEQA Guidelines).
IX. STEPS FOLLOWING APPROVAL:
Upon City Council rejection of all bids and authorization to revise the bid package and re-advertise a Call for Bids for this project, a bid call/opening date will be set and the
Agenda Report - Rejection of all Bids related to the Downtown Pedestrian Improvement ProjectPhase II Bid Opening on August 20, 2024 (Deputy City Manager Thompson) Page 3
notice inviting bids will be advertised in a local newspaper and posted in regional builders' exchanges.
Submitted by:
Greg Thompson, Deputy City Manager/Community Development Director Approved by:
Chris Hoem, City Manager
Attachments:
1. Spreadsheet Bid 20-8
ITEM
NO.
ITEM
CODE ITEM
UNIT OF
MEASURE
ESTIMATED
QUANTITY UNIT PRICE
TOTAL ITEM
PRICE UNIT PRICE
TOTAL ITEM
PRICE UNIT PRICE
TOTAL ITEM
PRICE
1 153248 REMOVE CONCRETE 4,590 SF $16.00 $73,440.00 $5.00 $22,950.00 $5.00 $22,950.00 2 398001 REMOVE ASPHALT CONCRETE PAVEMENT 8,351 SF $13.00 $108,563.00 $3.00 $25,053.00 $4.00 $33,404.00 3 153215 REMOVE EX. CONCETE CURB AND GUTTER 324 LF $20.00 $6,480.00 $12.00 $3,888.00 $33.00 $10,692.00 4 153214 REMOVE EX. CONCRETE VERTICAL CURB 102 LF $15.00 $1,530.00 $10.00 $1,020.00 $29.00 $2,958.00 5 820610 RELOCATE ROADSIDE SIGN 4 EA $430.00 $1,720.00 $375.00 $1,500.00 $405.00 $1,620.00 6 170103 CLEARING AND GRUBBING 1 LS $96,230.00 $96,230.00 $200,000.00 $200,000.00 $122,856.00 $122,856.00 7 846026 REMOVE PAVEMENT MARKING 1 LS $7,500.00 $7,500.00 $6,500.00 $6,500.00 $7,020.00 $7,020.00 8 710158 REMOVE CATCH BASIN 2 EA $650.00 $1,300.00 $2,750.00 $5,500.00 $5,880.00 $11,760.00 9 170104 REMOVE EX. TREE AND TREE STUMP 12 EA $1,500.00 $18,000.00 $3,250.00 $39,000.00 $1,404.00 $16,848.00 10 151264 REMOVE EX. CHAINLINK FENCE 13 LF $45.00 $585.00 $10.00 $130.00 $90.00 $1,170.00 11 150604 REMOVE EXISTING WOOD FENCE 93 LF $25.00 $2,325.00 $12.00 $1,116.00 $35.00 $3,255.00 12 156545 REMOVE EXISTING TIMBER 185 LF $8.00 $1,480.00 $12.00 $2,220.00 $27.00 $4,995.00 13 12746 REMOVE BOLLARD 3 EA $245.00 $735.00 $150.00 $450.00 $100.00 $300.00 14 568046 REMOVE MONUMENT POLE SIGN 1 EA $740.00 $740.00 $1,000.00 $1,000.00 $500.00 $500.00 15 730010 MINOR CONCRETE (6" CURB AND GUTTER) 1,962 LF $46.00 $90,252.00 $65.00 $127,530.00 $91.00 $178,542.00 16 39006 MINOR CONCRETE (RETAINING CURB) 699 LF $50.00 $34,950.00 $18.00 $12,582.00 $82.00 $57,318.00 17 731502 MINOR CONCRETE (DRIVEWAY CONFORM) 655 SF $15.00 $9,825.00 $23.00 $15,065.00 $21.00 $13,755.00 18 731516 MINOR CONCRETE (DRIVEWAY) 1,918 SF $15.00 $28,770.00 $22.00 $42,196.00 $21.00 $40,278.00 19 731521 MINOR CONCRETE (SIDEWALK) 14,407 SF $12.75 $183,689.25 $14.50 $208,901.50 $17.00 $244,919.00 20 731623 MINOR CONCRETE (CURB RAMP) 2,291 SF $30.00 $68,730.00 $23.50 $53,838.50 $17.00 $38,947.00 21 730070 DETECTABLE WARNING SURFACE 484 SF $30.00 $14,520.00 $50.00 $24,200.00 $25.00 $12,100.00 22 260203 CLASS 2 AGGREGATE BASE (5.5 IN THICKNESS) 6,434 SF $5.00 $32,170.00 $6.50 $41,821.00 $7.00 $45,038.00 23 390132 HOT MIX ASPHALT (2.5 IN. THICKNESS) 6,434 SF $7.00 $45,038.00 $10.00 $64,340.00 $8.35 $53,723.90 24 840515 THERMOPLASTIC PAVEMENT MARKING (STOP LEGEND) 7 EA $600.00 $4,200.00 $525.00 $3,675.00 $567.00 $3,969.00 25 840555 12" THERMOPLASTIC TRAFFIC STRIPE (CROSSWALK) 634 LF $16.00 $10,144.00 $14.00 $8,876.00 $15.12 $9,586.08 26 707105 TYPE GO DRAINAGE INLET 3 EA $11,000.00 $33,000.00 $10,150.00 $30,450.00 $15,435.00 $46,305.00 27 130150 WATER POLLUTION CONTROL 1 LS $10,800.00 $10,800.00 $12,000.00 $12,000.00 $13,381.00 $13,381.00 28 198051 CONFORM GRADING 1 LS $24,800.00 $24,800.00 $34,000.00 $34,000.00 $99,500.00 $99,500.00 29 13673 12" STORM DRAIN PIPE 73 LF $880.00 $64,240.00 $375.00 $27,375.00 $428.00 $31,244.00 30 820880 INSTALL SIGN 1 EA $540.00 $540.00 $475.00 $475.00 $513.00 $513.00 31 152403 ADJUST EX. WATER METER BOX TO GRADE 1 EA $300.00 $300.00 $2,100.00 $2,100.00 $500.00 $500.00 32 152410 RELOCATE WATER METER 3 EA $3,200.00 $9,600.00 $3,400.00 $10,200.00 $2,100.00 $6,300.00 33 152402 ADJUST EX. WATER VALVE COVER TO GRADE 4 EA $300.00 $1,200.00 $1,400.00 $5,600.00 $1,900.00 $7,600.00 34 208690 1.5" PVC IRRIGATION SIDEWALK CROSSING 33 EA $120.00 $3,960.00 $150.00 $4,950.00 $924.00 $30,492.00 35 641101 3" DUCTILE IRON THRU-CURB PIPE 41 LF $100.00 $4,100.00 $200.00 $8,200.00 $237.00 $9,717.00 1 153248 REMOVE CONCRETE 3,081 SF $20.00 $61,620.00 $5.00 $15,405.00 $5.00 $15,405.00 2 398001 REMOVE ASPHALT CONCRETE PAVEMENT 19,059 SF $14.00 $266,826.00 $2.00 $38,118.00 $4.00 $76,236.00 3 153215 REMOVE EX. CONCETE CURB AND GUTTER 546 LF $20.00 $10,920.00 $12.00 $6,552.00 $33.00 $18,018.00 4 153214 REMOVE EX. CONCRETE VERTICAL CURB 55 LF $18.00 $990.00 $10.00 $550.00 $29.00 $1,595.00 5 820610 RELOCATE ROADSIDE SIGN 7 EA $430.00 $3,010.00 $375.00 $2,625.00 $405.00 $2,835.00 6 170103 CLEARING AND GRUBBING 1 LS $186,745.00 $186,745.00 $274,000.80 $274,000.80 $169,224.00 $169,224.00 7 846026 REMOVE PAVEMENT MARKING 1 LS $7,400.00 $7,400.00 $6,500.00 $6,500.00 $7,020.00 $7,020.00 8 170104 REMOVE EX. TREE AND TREE STUMP 28 EA $2,300.00 $64,400.00 $2,675.00 $74,900.00 $2,149.00 $60,172.00 9 151264 REMOVE EX. WROUGHT IRON FENCE 185 LF $12.00 $2,220.00 $5.00 $925.00 $100.00 $18,500.00 10 150604 REMOVE EXISTING WOOD FENCE 61 LF $36.00 $2,196.00 $5.00 $305.00 $35.00 $2,135.00 11 156545 REMOVE EXISTING TIMBER 128 LF $10.00 $1,280.00 $5.00 $640.00 $27.00 $3,456.00 12 38577 REMOVE HISTORIC LOCATION MARKER 1 EA $294.00 $294.00 $1,000.00 $1,000.00 $3,480.00 $3,480.00 13 37014 MINOR CONCRETE (VALLEY GUTTER) 298 SF $16.00 $4,768.00 $22.00 $6,556.00 $100.00 $29,800.00 14 730010 MINOR CONCRETE (6" CURB AND GUTTER) 4,331 LF $43.00 $186,233.00 $65.00 $281,515.00 $91.00 $394,121.00 15 39006 MINOR CONCRETE (RETAINING CURB) 1,287 LF $40.00 $51,480.00 $18.00 $23,166.00 $82.00 $105,534.00 16 731502 MINOR CONCRETE (DRIVEWAY CONFORM) 2,201 SF $13.00 $28,613.00 $23.00 $50,623.00 $21.00 $46,221.00 17 731516 MINOR CONCRETE (DRIVEWAY) 4,017 SF $13.00 $52,221.00 $20.00 $80,340.00 $21.00 $84,357.00 18 731521 MINOR CONCRETE (SIDEWALK) 21,921 SF $11.00 $241,131.00 $14.50 $317,854.50 $17.00 $372,657.00 19 731623 MINOR CONCRETE (CURB RAMP) 3,551 SF $26.00 $92,326.00 $23.50 $83,448.50 $17.00 $60,367.00 20 730070 DETECTABLE WARNING SURFACE 799 SF $30.00 $23,970.00 $50.00 $39,950.00 $25.00 $19,975.00 21 260203 CLASS 2 AGGREGATE BASE (5.5 IN THICKNESS) 14,124 SF $5.00 $70,620.00 $5.30 $74,857.20 $7.00 $98,868.00 22 390132 HOT MIX ASPHALT (2.5 IN. THICKNESS) 14,124 SF $6.30 $88,981.20 $5.00 $70,620.00 $8.35 $117,935.40 23 840515 THERMOPLASTIC PAVEMENT MARKING (STOP LEGEND) 9 EA $604.00 $5,436.00 $525.00 $4,725.00 $567.00 $5,103.00 24 840555 12" THERMOPLASTIC TRAFFIC STRIPE (CROSSWALK) 682 LF $16.00 $10,912.00 $14.00 $9,548.00 $15.12 $10,311.84 25 707105 TYPE GO DRAINAGE INLET 5 EA $8,200.00 $41,000.00 $10,150.00 $50,750.00 $15,435.00 $77,175.00 26 152439 ADJUST EX. INLET FRAME AND GRATE TO FINISH GRADE 1 EA $300.00 $300.00 $1,900.00 $1,900.00 $600.00 $600.00 27 130150 WATER POLLUTION CONTROL 1 LS $2,700.00 $2,700.00 $5,000.00 $5,000.00 $13,381.00 $13,381.00 28 198051 CONFORM GRADING 1 LS $37,000.00 $37,000.00 $17,000.00 $17,000.00 $105,000.00 $105,000.00 29 13673 12" STORM DRAIN PIPE 288 LF $276.00 $79,488.00 $352.00 $101,376.00 $175.00 $50,400.00 30 14563 STORM DRAIN MANHOLE 3 EA $17,300.00 $51,900.00 $11,200.00 $33,600.00 $8,100.00 $24,300.00 31 152610 CONNECT TO EXISTING STORM DRAIN MANHOLE 1 EA $8,000.00 $8,000.00 $2,800.00 $2,800.00 $5,500.00 $5,500.00 32 820880 INSTALL SIGN 1 EA $546.00 $546.00 $475.00 $475.00 $513.00 $513.00 33 12222 ADJUST SEWER MANHOLE TO GRADE 2 EA $2,480.00 $4,960.00 $2,000.00 $4,000.00 $2,200.00 $4,400.00 34 152403 ADJUST EX. WATER METER BOX TO GRADE 9 EA $300.00 $2,700.00 $1,800.00 $16,200.00 $500.00 $4,500.00 35 152410 RELOCATE WATER METER 4 EA $5,800.00 $23,200.00 $3,130.00 $12,520.00 $2,100.00 $8,400.00 36 152402 ADJUST EX. WATER VALVE COVER TO GRADE 9 EA $300.00 $2,700.00 $1,500.00 $13,500.00 $1,900.00 $17,100.00 37 152428 ADJUST EX. FIRE HYDRANT TO GRADE 3 EA $4,700.00 $14,100.00 $4,450.00 $13,350.00 $3,100.00 $9,300.00 38 208690 1.5" PVC IRRIGATION SIDEWALK CROSSING 72 EA $117.00 $8,424.00 $150.00 $10,800.00 $924.00 $66,528.00 39 641101 3" DUCTILE IRON THRU-CURB PIPE 65 LF $73.00 $4,745.00 $150.00 $9,750.00 $237.00 $15,405.00 40 18435 6" DRAIN INLET (INCL. CONCRETE ENCASEMENT) 1 EA $1,350.00 $1,350.00 $750.00 $750.00 $3,500.00 $3,500.00 Bid Call No. 709-21 City Project No. 20-8 1. FBD Vanguard 3. George Reed, Inc. 2. United Pavement Grand Total Base Bid + Additive Alt #1 $2,743,161.45 $2,807,197.00 $3,313,384.22 Base Bid $995,456.25 $1,048,702.00 $1,184,055.98
Additive Alt #1 $1,747,705.20 $1,758,495.00 $2,129,328.24